Senate Bill sb2674

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002        (NP)                      SB 2674

    By Senator Burt





    16-1066B-02                                         See HB 969

  1                      A bill to be entitled

  2         An act relating to the West Volusia Hospital

  3         Authority, an independent special tax district

  4         of the State of Florida in Volusia County,

  5         Florida; codifying the authority's charter;

  6         providing legislative intent; providing minimum

  7         charter requirements in accordance with s.

  8         189.404(3), Florida Statutes; eliminating full

  9         faith and credit, ad valorem tax bonding

10         capacity; revising indigence provisions;

11         clarifying purpose and powers; harmonizing with

12         general law; reducing maximum allowable millage

13         rate; repealing all prior special acts related

14         to the West Volusia Hospital Authority;

15         providing an effective date.

16

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

18

19         Section 1.  Pursuant to section 189.429, Florida

20  Statutes, this act constitutes the codification of all special

21  acts relating to the West Volusia Hospital Authority, an

22  independent special tax district.  It is the intent of the

23  Legislature in enacting this law to provide a single,

24  comprehensive special act charter for the authority including

25  all current legislative authority granted to the District by

26  its several legislative enactments and any additional

27  authority granted by this act.  It is further the intent of

28  this act to preserve all District authority in addition to any

29  authority contained in general law.

30         Section 2.  Chapters 57-1929, 59-1949, 61-2974,

31  65-2344, 67-2152, 69-1698, 69-1696, 71-951, 71-955, 82-383,

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  88-473, and 96-445, Laws of Florida, are codified, reenacted,

  2  and amended as provided in this act.

  3         Section 3.  The West Volusia Hospital Authority is

  4  re-created and the charter for such authority is re-created

  5  and reenacted to read:

  6         Section 1.  That an independent special tax district is

  7  hereby created and incorporated, to be known as "West Volusia

  8  Hospital Authority," in Volusia County, Florida, for the

  9  purpose of providing, either directly or through third-party

10  providers, physical and mental medical care, primarily for

11  indigent residents of the District, to be provided or

12  prescribed by a licensed medical provider, or administered in

13  a licensed hospital or medical clinic (the "purpose"), this

14  purpose is hereby found and declared to be a public purpose

15  and necessary for the general welfare of the residents of the

16  District, which District shall embrace and include the

17  following described property in Volusia County, Florida,

18  to-wit:

19

20         Commencing at a point on the East Shore of Lake

21         George where same is intersected by the

22         Putnam-Volusia County line and run

23         Northeasterly with that line to the

24         Southern-most point of Lake Crescent; thence

25         East with shore line of Lake Crescent to the

26         mouth of Haw Creek; thence up that Creek to its

27         intersection with the East line of Range 28

28         East; run thence South with that range line (it

29         being the Flagler-Volusia County line) to the

30         Northwest corner of Section 30, Township 14

31         South Range 29 East; thence run East 12 miles

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1         to the Northeast corner of Section 25, Township

  2         14 South Range 30 East; thence run South two

  3         miles to the Southeast corner of Township 14

  4         South Range 30 East; thence run West along that

  5         Township line to the Northeast corner of

  6         Township 15 South Range 30 East; thence run

  7         South with the range line between Ranges 30 and

  8         31 East about six miles to the Southeast corner

  9         of Township 15 South Range 30 East; run thence

10         East along the North line of Township 16 South

11         Range 31 East about six miles to the Northeast

12         corner of Township 16 South Range 31 East; run

13         thence South on the range line between Ranges

14         31 and 32 East about twelve miles to the

15         Southeast corner of Township 17 South Range 31

16         East; run thence East with the line between

17         Townships 17 and 18 South to the Northeast

18         corner of Township 18 South Range 32 East; run

19         thence South on the range line between Ranges

20         32 and 33 East to the Southeast corner of

21         Township 18 South Range 32 East; run thence

22         East on the line between Township 18 South

23         Range 33 East and Township 19 South Range 33

24         East about three miles to the Northeast corner

25         of Section 4 Township 19 South Range 33 East.

26         Run thence South on the East line of Sections

27         4-9-16-21-28 and 33, Township 19 South Range 33

28         East to the Southeast corner of Section 33,

29         Township 19, South Range 33 East; run thence

30         east on the line between Township 19 South

31         Range 33 East and Township 20 South Range 33

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1         East to the Northeast corner of Township 20

  2         South Range 33 East; run thence South on the

  3         East line of Township 20 South Range 33 East

  4         and along the East line of Township 21 South

  5         Range 33 East to the Southeast corner of

  6         Section 36, Township 21 South Range 33 East;

  7         run thence West along the South line of

  8         Township 21 South Range 33 East to the

  9         intersection of said Township line with the St.

10         Johns River; thence run down the St. Johns

11         River in a generally Northwesterly direction to

12         Lake George and with the East Shore line of

13         said Lake George to the place of beginning.

14

15  All of the above described property lying and being in the

16  County of Volusia, State of Florida.

17         Section 2.  That the governing body of the West Volusia

18  Hospital Authority shall consist of five Commissioners who

19  shall be qualified residents of the District.  The present

20  Board of Commissioners shall serve until the general election

21  in the year A.D. 1962.  At the general election to be held in

22  the year A.D. 1962, there shall be elected five Commissioners,

23  three of whom shall be elected for a term of 2 years, and

24  which Commissioners shall be identified as Group A; and two of

25  whom shall be elected for a term of 4 years, and which

26  Commissioners shall be identified as Group B.  Candidates

27  shall identify themselves to either Group A or Group B.

28  Thereafter in subsequent elections, either Commissioner shall

29  be elected for a term of 4 years. Each Commissioner shall give

30  bond to the Governor of the State of Florida for the faithful

31  performance of his or her duties, in the sum of $5,000, with a

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  surety company qualified to do business in the State of

  2  Florida as surety, which bond shall be approved and kept by

  3  the Clerk of the Circuit Court of Volusia County, Florida.

  4  The premiums on these bonds shall be paid as part of the

  5  expenses of the District.

  6         Section 2.1  That Commissioners in Group A and Group B

  7  shall qualify for and be elected to the Office of Commissioner

  8  on a nonpartisan basis by qualifying in groups as provided by

  9  section 101.254, Florida Statutes, as candidates in a primary

10  election to be held at the time of the first state primary

11  election, prior to the general election, and in the general

12  election in the same manner as provided by Florida law for the

13  election of nonpartisan county officers in the County of

14  Volusia, Florida.

15         Section 2.2  If a vacancy or vacancies occur in the

16  Office of the Commissioner on the Board of Commissioners by

17  reason of the death, resignation, absence, or mental or

18  physical disability or incompetency of a member or members of

19  the Board for a period of 6 months or more, the Board shall by

20  majority action of the remaining members appoint a

21  Commissioner or Commissioners to fill any vacancy or vacancies

22  in office from among the qualified persons residing in the

23  District to serve until the expiration of the term of each

24  such vacancy in office, or until the election and

25  qualification of a successor or successors following the next

26  general election. If the remaining Board members are unable to

27  appoint a Commissioner or Commissioners to fill any vacancy or

28  vacancies in office from among the qualified persons residing

29  in the District after 45 days from the vacancy's occurrence,

30  the vacancy or vacancies shall be filled by the Governor

31  pursuant to section 114.04, Florida Statutes, as it may be

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  amended from time to time, such qualified person or persons to

  2  serve until the expiration of the term of each such vacancy in

  3  office, or until the election and qualification of a successor

  4  or successors following the next general election. In the

  5  event that under the law of the State of Florida, a general

  6  election is to be held after the creation of a vacancy in the

  7  Office of Commissioner and before the expiration of the term

  8  of that office, as provided by the sections of this act

  9  assigning such office to Group A or Group B, a person or

10  persons shall be nominated and elected to fill out the balance

11  of the term of the vacancy in office and to succeed, in that

12  office and for that term, the person or persons appointed by

13  the Hospital Commissioners.  Such nomination and election

14  shall be carried out in the same manner as is provided for in

15  this act for the nomination and election of Hospital

16  Commissioners, except that the primary and general election

17  ballot shall identify the candidate for such vacancy in office

18  by the group to which such office is assigned by the

19  provisions of this act.  Nothing in this act shall be

20  construed to prevent a person appointed by the Board of

21  Commissioners from being a candidate to succeed himself or

22  herself in the office to which he or she was appointed.

23         Section 2.3  The Board of Commissioners shall take

24  office and organize at the first meeting in the month of

25  January of each year by the election from among their number a

26  chair, a vice-chair, a secretary, a treasurer, and such other

27  officers as the Board considers necessary to accomplish the

28  purposes of this act. All such officers shall serve for the

29  year in which elected and until their successors are elected

30  and installed.

31

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1         Section 3.  The Board of Commissioners of the West

  2  Volusia Hospital Authority shall have all the powers of a body

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

  4  name of the West Volusia Hospital Authority, to contract and

  5  be contracted with; to adopt and use a common seal, and to

  6  alter the same at pleasure; to acquire, purchase, hold, lease,

  7  and convey such real and personal property as the Board

  8  considers proper or expedient to carry out the purposes of

  9  this act; to appoint and employ a qualified hospital

10  administrator whose qualifications are approved by the Board

11  of Commissioners as being in the best interest of the

12  hospital; to provide for the election of a chief of staff by

13  the medical staff of the hospital and employ such other agents

14  and employees as the Board considers advisable; and to borrow

15  money and to issue notes, bonds, and other evidences of

16  indebtedness of the District to carry out the provisions of

17  this act in the manner hereinafter provided.

18         Section 3.1  Realizing that factors other than

19  professional qualifications must be considered in determining

20  the qualifications of those who practice medicine, surgery,

21  and dentistry, the Board of Commissioners of the West Volusia

22  Hospital Authority are authorized and empowered to establish

23  rules, regulations, and bylaws for the operation of the

24  hospital and the medical and dental staffs.  The Board of

25  Commissioners is authorized to give, grant, limit, or revoke

26  membership on the medical or dental staff or the privileges of

27  medical or dental staff members for practicing in or about the

28  hospital under this act, so that the welfare and health of

29  patients and the best interests of the hospital may at all

30  times be best served. Therefore, privileges of medical or

31  dental staff membership and appointment to the medical or

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  dental staff may be authorized, granted, limited, or revoked

  2  by the Board of Commissioners and shall be made for a period

  3  of 1 year or to the end of the fiscal year of the hospital or

  4  to the end of such probationary period as the Board shall

  5  determine. It shall be the duty of the medical and dental

  6  staffs of the hospital to organize in the manner prescribed by

  7  the Board of Commissioners of the District. The Board of

  8  Commissioners of the District is further authorized and

  9  empowered to establish rules and regulations for the control

10  of all professional and nonprofessional employees of the

11  hospital, including nurses on general duty or on private duty

12  attending patients, and all parties in the hospital, either as

13  employees or in any manner in attendance of patients.

14         Section 4.  Three of the Commissioners shall constitute

15  a quorum, and a vote of at least two Commissioners shall be

16  necessary to the transaction of any business of the District.

17  The Commissioners shall cause true and accurate minutes and

18  records to be kept of all business transacted by them, and

19  shall keep full, true, and complete books of account and

20  minutes, which minutes, records, and books of account shall at

21  all reasonable times be open and subject to public inspection

22  of residents; and any person desiring to do so may make or

23  procure copy of the minutes, records, or books of account, or

24  such portions thereof as he or she may desire.

25         Section 5.  The Board of Commissioners is authorized

26  and empowered to establish, construct, operate, and maintain

27  such hospital and hospitals as in their opinion are necessary

28  for the use of the residents of the District.  The hospital or

29  hospitals shall be established, constructed, operated, and

30  maintained by the Board of Commissioners for the preservation

31  of the public health, and for the public good and for the use

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  of the public within the District; and maintenance of such

  2  hospital or hospitals within the District is found and

  3  declared to be a public purpose and necessary for the

  4  preservation of the public health and for the public use and

  5  for the welfare of the District and its inhabitants.  The

  6  location of the hospital or hospitals shall be determined by

  7  the Board.

  8         Section 5.1  As used in this act, the term "hospital"

  9  or "hospitals" means one or more health care institutions,

10  including hospitals, extended care institutions, and

11  outpatient care institutions, whether or not located in a

12  single building, which shall have some or all of the

13  following: an organized medical staff with permanent

14  facilities that include inpatient beds and with medical

15  services including physicians's services and continuing

16  nursing services to provide diagnosis and treatment for

17  patients who have a variety of medical conditions, including

18  both those who require inpatient care and those who are

19  primarily ambulatory, whether or not such patients require

20  continuous hospital services, including the furnishing and

21  staffing with professional and nonprofessional personnel of

22  both outpatient and inpatient emergency departments.

23         Section 5.2  As used in this act, the term "operate and

24  maintain" means to administer, supervise, control, and manage

25  the hospital or hospitals referred to by this act and to

26  obtain, construct, employ, furnish, and replenish the

27  equipment, and facilities, including buildings, and

28  professional and nonprofessional personnel, including licensed

29  physicians, required to provide the services, treatment, and

30  facilities related to such hospital and hospitals as defined

31  in this act.

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1         Section 5.3  In order to carry out the purpose of this

  2  act, and notwithstanding other provisions of this act and in

  3  extension and not in limitation of the provisions contained in

  4  any other section of this act:

  5         A.  Powers.--

  6         (1)  The Board of Commissioners may acquire, construct,

  7  reconstruct, extend, make additions to, enlarge, improve,

  8  repair, remodel, restore, equip, and furnish hospital and

  9  other health care facilities now or hereafter located in the

10  District and which are or may be owned by or under the

11  supervision, operation, and control of the District.  For the

12  purposes of this section the term "hospital" or "health care

13  facilities" means any real property or interest therein,

14  building, structure, facility, machinery, equipment,

15  furnishings, or other property suitable for use by the

16  District in connection with its operations or proposed

17  operations, including, without limitation, real property

18  therefor, a clinic, computer facility, food service and

19  preparation facility, health care facility, long-term-care

20  facility, hospital, interns' residence, nursing home, nursing

21  school, office, professional office building, parking

22  structure and area, pharmacy, recreational facility, research

23  facility, storage facility, utility, or x-ray facility, or any

24  combination of the foregoing, and other structures or

25  facilities related thereto or required or useful for health

26  care purposes, the conducting of research, or the operation of

27  a hospital or other health care facility, including facilities

28  or structures essential or convenient for the orderly conduct

29  of such hospital or other health care facility and other

30  similar items necessary or convenient for the operation of a

31

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  particular facility or structure in the manner for which its

  2  use is intended.

  3         (2)  The Board of Commissioners shall provide for the

  4  health or mental health care of indigents and provide such

  5  other health or mental health related services for indigents

  6  in such manner as the board selects, including the purchase of

  7  institutional services from any private or publicly owned

  8  medical facility, as the Board determines are needed for the

  9  general welfare of the residents of the District.

10         (3)  The Board of Commissioners may collect information

11  and statistical data that will be helpful to the Board and the

12  county in deciding the health or mental health care needs in

13  the county.

14         (4)  The Board of Commissioners may assume funding for

15  the county's share of state or federal indigent health or

16  mental health care programs for District residents which

17  require financial participation by the county.

18         B.  Revenue bonds.--

19         (1)  The Board of Commissioners may issue negotiable

20  revenue bonds of the District for the purpose of paying or

21  refinancing all or any part of the cost of any hospital or

22  other health care facility.  In anticipation of the sale of

23  such revenue bonds, the District may issue negotiable bond

24  anticipation notes and may renew the same from time to time,

25  but the maximum maturity of any such note, including renewals

26  thereof, shall not exceed 5 years from the date of issue of

27  the original note.  Such notes shall be paid from any revenues

28  or other funds of the District legally available therefor and

29  not otherwise pledged or from the proceeds of sale of the

30  revenue bonds of the District in anticipation of which they

31  were issued.  The notes shall be issued in the same manner as

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  the revenue bonds.  Such notes and the resolution authorizing

  2  them may contain any provisions, conditions, or limitations

  3  which a bond resolution of the Board of Commissioners may

  4  contain.

  5         (2)  The revenue bonds and notes of every issue shall

  6  be payable solely out of revenues derived by the District from

  7  hospital and other health care facilities within the District

  8  which are owned by or under the supervision, operation, and

  9  control of the District, together with any other funds of the

10  District legally available for the purpose.  Notwithstanding

11  that revenue bonds and notes may be payable from a special

12  fund, they shall be for all purposes negotiable instruments,

13  subject only to any provisions of the revenue bonds and notes

14  for registration.

15         (3)  The revenue bonds may be issued as serial bonds,

16  as term bonds, or otherwise, or the Board of Commissioners may

17  issue bonds of all types.  The revenue bonds shall be

18  authorized by resolution of the Board of Commissioners and

19  shall bear such date; mature at such time not exceeding 50

20  years from their respective dates; bear interest at such rates

21  including variable rates, but not exceeding the maximum rate

22  permitted by law at the time of issuance; be payable at such

23  time; be in such denominations; be in such form, either coupon

24  or registered or both; carry such registration privileges and

25  conversation or exchange privileges; be executed in such

26  manner; be payable in lawful money of the Unites States at

27  such place; and be subject to such terms of redemption,

28  including redemption prior to maturity, as such resolution

29  provides.  The Board of Commissioners shall determine the form

30  and manner of execution of the bonds, including any interest

31  coupons to be attached thereto, and shall fix the denomination

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  of the bonds and the place of payment of principal and

  2  interest, which may be at any bank or trust company within or

  3  without the state.  In case any officer whose signature, or a

  4  facsimile of whose signature, appears on any bonds or coupons

  5  ceases to be such officer before the delivery of such bonds,

  6  such signature or facsimile shall nevertheless be valid and

  7  sufficient for all purposes the same as if he or she had

  8  remained in office until such delivery.  The Board of

  9  Commissioners may also provide for the authentication of the

10  bonds by a trustee or fiscal agent.  The revenue bonds or

11  notes may be sold in such manner, either at public or private

12  sale, and for such price as the Board of Commissioners

13  determines.  Pending preparation of the definitive bonds, the

14  Board of Commissioners may issue interim receipts or

15  certificates which may be exchanged for such definitive bonds.

16         (4)  The Board of Commissioners may require that any

17  issue of revenue bonds be secured by a trust agreement by and

18  between the District and a corporate trustee, which may be any

19  trust company or bank having the powers of a trust company

20  within or without the state.  Such trust agreement or

21  resolution may pledge or assign all or any part of the

22  revenues and other funds of the District legally available for

23  the payment of such revenue bonds.  The resolution may contain

24  such provisions of protecting and enforcing the rights and

25  remedies of the bondholders as are reasonable and proper and

26  not in violation of law, including covenants setting forth the

27  duties of the District in relation to the acquisition,

28  construction, improvement, maintenance, operation, repair,

29  equipping, and insurance of the facilities, the fees and other

30  charges to be fixed and collected for the use of any facility

31  or part thereof, the sale of any facility or part thereof or

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  other property, the terms and conditions for the issuance of

  2  additional bonds, and the custody, safeguarding, and

  3  application of all moneys.  Any bank or trust company

  4  incorporated under the laws of the state which may act as such

  5  depository may furnish such indemnity bonds or may pledge such

  6  securities as are required by the Board of Commissioners.

  7  Such resolution or trust agreement may set forth the rights

  8  and remedies of the bondholders and the trustee and may

  9  restrict the individual right of action by the bondholders.

10  In addition, such resolution or trust agreement may contain

11  such other provisions as the Board of Commissioners considers

12  reasonable and proper for the security of the bondholders.

13  All expenses incurred in carrying out such trust agreement or

14  resolution may be treated as a part of the cost of the

15  facility in connection with which such bonds are issued or as

16  part of the expense of operation of such facility.  The

17  resolution or trust agreement providing for the issuance of

18  the revenue bond may also contain such limitations upon the

19  issuance of additional revenue bonds as the Board of

20  Commissioners considers proper, and such additional bonds

21  shall be issued under such restrictions or limitations as are

22  prescribed by such resolution or trust agreement.

23         (5)  Revenue bonds issued under this section shall not

24  constitute a debt, liability, or obligation of the District,

25  or of Volusia County, or of the state or any political

26  subdivision thereof, or a pledge of the faith and credit or of

27  the taxing power of the District, or of Volusia County, or of

28  the state or any political subdivision thereof, but shall be

29  payable solely from the revenue and funds provided therefor.

30  All such revenue bonds shall contain on the face thereof a

31  statement to the effect that the District shall not be

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  obligated to pay the same or the interest thereon except from

  2  the revenues and other funds of the District provided for such

  3  payment, and that neither the faith and credit nor the taxing

  4  power of the District, nor of Volusia County, nor of the state

  5  nor any political subdivision thereof, is pledged to the

  6  payment of the principal or of the interest on such bonds.

  7  The issuance of revenue bonds under this section shall not

  8  directly, indirectly, or contingently obligate the District,

  9  Volusia County, or the state or any political subdivision

10  thereof to levy or to pledge any form of taxation whatever or

11  to make any appropriation for their payment.

12         (6)  All bonds issued under this section shall possess

13  the qualities and incidents, including negotiability, of

14  investment securities under the Uniform Commercial Code, but

15  no provision of such code respecting the filing of a financing

16  statement to perfect a security interest shall be necessary

17  for, or applicable to, any security interest created in

18  connection with the issuance of any such bonds.

19         (7)  The exercise of the powers granted by this section

20  shall be in all respects for the benefit of the people of this

21  state, for the increase of their commerce, welfare, and

22  prosperity, and for the improvement of their health and living

23  conditions, and because the operation and maintenance of

24  hospital and other health care facilities by the District will

25  constitute the performance of an essential public and

26  governmental purpose, any bonds issued under the provisions of

27  this section, together with interest, their transfer, and the

28  income therefrom, including any profit made on the sale

29  thereof, shall at all times be free from taxation of every

30  kind by the state, Volusia County, and municipalities and

31  other political subdivisions in the state, except for those

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  taxes imposed by chapter 220, Florida Statutes, on interest,

  2  income, or profits on debt obligations owned by corporations.

  3         (8)  The Board of Commissioners may provide for the

  4  issuance of revenue bonds of the District for the purpose of

  5  refunding any of its revenue bonds then outstanding, including

  6  the payment of any redemption premium thereon and any interest

  7  accrued or to accrue to the earliest or subsequent date of

  8  redemption, purchase, or maturity of such revenue bonds.  The

  9  proceeds of any such revenue bonds issued for such purpose

10  may, in the discretion of the Board of Commissioners, be

11  applied to the purchase or retirement at maturity or

12  redemption of such outstanding revenue bonds either on their

13  earliest or any subsequent redemption date, or upon the

14  purchase, or at the maturity thereof, and may, pending such

15  application, be placed in escrow to be applied to such

16  purchase or retirement at maturity or redemption on such date

17  as is determined by the Board of Commissioners, and, pending

18  such application to purchase, retire or redeem, may be

19  invested and reinvested in securities selected by or in such

20  manner as the Board of Commissioners provides.

21         (9)  Bonds issued by the Board of Commissioners under

22  this section constitute securities in which all public

23  officers and public bodies of the state and its political

24  subdivisions and all banks, trust companies, bankers, banking

25  associations, savings banks and institutions, building and

26  loan associations, savings and loan associations, investment

27  companies, and other persons carrying on a banking or

28  investment business; all insurance companies, insurance

29  associations, and other persons carrying on an insurance

30  business; and all executors, administrators, curators,

31  trustees, and other fiduciaries may properly and legally

                                  16

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  invest funds, including capital in their control or belonging

  2  to them.  Such bonds constitute securities that may properly

  3  and legally be deposited with and received by any state or

  4  municipal officer or any agency or political subdivision of

  5  the state for any purpose for which the deposit of bonds or

  6  obligations of the state is now or may hereinafter be

  7  authorized by law.

  8         (10)  No election in the District is required as a

  9  condition precedent to the exercise by the Board of

10  Commissioners of any of the powers conferred by this section,

11  unless such election is required by the State Constitution.

12         (11)  Revenue bonds may be issued under this section

13  without obtaining, except as otherwise expressly provided in

14  this section, the consent of any department, division,

15  commission, board, body, bureau, or agency of the state or any

16  political subdivision thereof, and without any other

17  proceedings or the happening of any conditions or things other

18  than those proceedings, conditions, or things which are

19  specifically required by this section and the provisions of

20  the resolution authorizing the issuance of such bonds or the

21  trust agreement securing the same.

22         (12)  This section provides an additional and

23  alternative method for the doing of the things authorized

24  hereby and shall be regarded as supplemental and additional to

25  powers conferred by other laws.

26         Section 5.4  For purposes of the operation and

27  maintenance of the health care facilities as defined by this

28  act, including, but not limited to, the purposes of section

29  5.1, and with respect to all hospitals and facilities owned

30  and operated by the authority, the term "operate and

31  maintain," as defined in section 5.2, includes:

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1         A.  Advising the public of services and accommodations

  2  available.--The West Volusia Hospital Authority may advise the

  3  public and medical community of the medical, hospital, or

  4  other services and accommodations available at the facilities

  5  owned or operated by the West Volusia Hospital Authority, as

  6  defined by this act, by paying for the use of the media,

  7  including, but not limited to, newspapers, radio, television,

  8  video tape, audio tape, direct mail, handbills, leaflets,

  9  billboards, advertising signs, advertisements and

10  announcements in magazines, brochures, trade publications,

11  programs of public events, and by other means and mechanisms

12  similar to the uses and the media enumerated, reaching the

13  same or similar audiences as those reached by the media

14  enumerated.

15         B.  Awards.--The West Volusia Hospital Authority is

16  authorized to create such award programs as the authority

17  shall deem desirable for the purpose of rewarding the employee

18  and staff of the facilities and hospitals owned or operated by

19  the authority for their services to such facilities or

20  hospitals.  Such awards may include, but not be limited to,

21  certificates of recognition, pins, emblems, and insignia, as

22  well as the grant of special compensation or privileges.

23         C.  Complimentary foods.--The West Volusia Hospital

24  Authority may make available to patients, visitors, staff, and

25  employees services and products, including, but not limited

26  to, foods, coffee, and other beverages as the authority

27  considers advisable and may promote good will, the use of

28  hospital services by the public, the cooperation of the

29  employees and staff in furnishing services to and for the

30  benefit of the hospital or other facilities enumerated in this

31  act or to the public, which shall include, but not be limited

                                  18

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  to, the furnishing of beverage and food products to meetings,

  2  patients, and the relatives of patients, pursuant to a program

  3  approved by the authority, either for the specific instance or

  4  according to a policy adopted by the authority which permits

  5  the exercise of discretion by the hospital administrator or

  6  persons designated by such administrator.

  7         D.  Educational programs and seminars.--The authority

  8  is authorized to advance the costs of employees and staff

  9  members of the hospitals and medical facilities owned and

10  operated by the authority attending educational programs and

11  seminars, according to policy established by the authority,

12  which may include the costs of the seminars, per diem, and

13  traveling costs.

14         E.  Physical inventories.--The authority may require

15  that physical inventories be performed periodically instead of

16  annually, at such times and in such manner as are determined

17  by the authority, but in accordance with generally accepted

18  accounting principles.

19         Section 6.  The Board shall have the power of eminent

20  domain, and may thereby condemn and acquire any real or

21  personal property that the Board considers necessary for the

22  use of the District, whether within or without the District.

23  Such power of condemnation shall be exercised in the same

24  manner as is provided by the general law for the exercise of

25  the power of eminent domain by municipalities of the State of

26  Florida.

27         Section 7.  The Board of Commissioners is authorized

28  and empowered to borrow money from time to time in order to

29  provide for and carry out the purposes of this act.  The

30  District may issue the notes of the District, determine the

31

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  aggregate amount of principal therefor, and set terms and

  2  rates of interest.

  3         Section 8.  The funds of the District shall be paid out

  4  only upon warranty signed by two members of the Board of

  5  Commissioners or by the hospital administrator and one member

  6  of the Board of Commissioners and having thereto affixed the

  7  corporate seal of the District, which may be a facsimile or

  8  printed, and no warranty shall be drawn or issued against

  9  funds of the District except for the purpose authorized by

10  this act, and no such warrant against funds of the District

11  shall be drawn or issued until after the account or

12  expenditure for which the same is to be given in payment has

13  been ordered and approved by the Board of Commissioners, and

14  further provided that no funds of the District shall be paid

15  to a member of the Board of Commissioners as compensation for

16  his or her services in that office except for the necessary

17  expense of travel in the performance of the duties of his or

18  her office, including attendance at meetings or conventions

19  relating to the duties of his or her office, when such travel

20  is authorized by a standing or special resolution adopted by

21  the Board of Commissioners.

22         Section 9.  The Board of Commissioners shall annually

23  assess and levy against the taxable property within the

24  District a tax to be collected and paid into the District fund

25  and used by the Board of Commissioners for the purpose of this

26  act, including the operation, maintenance, repair, and

27  construction of a hospital or hospitals established as

28  authorized by this act, or for the payment of any outstanding

29  indebtedness authorized by section 7, or for the payment of

30  other necessary expenses in carrying on and transacting the

31  business of the District.  However, the rate of taxation per

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  annum under the taxing authority granted to the Board of

  2  Commissioners of the West Volusia Hospital Authority by this

  3  section for the purpose of this act, including the operating,

  4  maintaining, repairing, and constructing of any hospital or

  5  hospitals established as authorized by this act or for the

  6  payment of any outstanding indebtedness authorized by section

  7  7, or for the payment of other necessary expenses in carrying

  8  on and transacting the business of the District shall not

  9  exceed 4 mills on the dollar of the valuation of the taxable

10  property within the District.

11         Section 10.  The levy by the Board of the taxes

12  authorized by any provision of this act shall be by resolution

13  of the Board duly entered upon the minutes of the Board.

14  Certified copies of such resolution executed in the name of

15  the Board by its chair, under its corporate seal, shall be

16  made and delivered to the County Council of Volusia County,

17  Florida, and to the Florida Department of Revenue in the same

18  manner and within the same time period as required of counties

19  pursuant to general law.  The County Council shall order and

20  require the Director of the Finance Department of the county

21  to assess and to collect the amount of taxes so assessed or

22  levied by the Board of Commissioners of the West Volusia

23  Hospital Authority upon the nonexempt property in the

24  District, at the rate of taxation as fixed, levied, and

25  adopted by the Board of Commissioners of the District for that

26  year and included in the warrant of the Property Appraiser and

27  attached to the assessment roll of taxes for the county each

28  year.  The Director of the Finance Department of Volusia

29  County shall collect such tax so levied by the Board in the

30  same manner as other taxes are collected, and shall remit the

31  taxes collected to the District within the time and in the

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  manner prescribed by law for the collection and handling of

  2  county taxes to the County Depository.  All revenues so

  3  collected shall be held, used, invested, and disbursed by the

  4  District as provided in this act or as otherwise provided by

  5  law.

  6         Section 11.  The Board is authorized to pay from the

  7  funds of the District all expenses of the organization of the

  8  Board and all expenses necessarily incurred with the formation

  9  of the District and all other reasonable and necessary

10  expenses, including the fees and expenses of an attorney in

11  the transaction of the business of the District, and in

12  carrying out and accomplishing the purposes of this act.  This

13  section, however, shall not be construed to limit or restrict

14  any of the powers vested in the Board of Commissioners by any

15  other provision of this act.

16         Section 12.  At least once in each year the Board of

17  Commissioners shall publish once in a newspaper published in

18  the District a complete detailed statement of all moneys

19  received and disbursed by them since the creation of the

20  District as to the first published statement and since the

21  creation of the District as to the first published statement

22  and since the last published statement as to any other year.

23  Such statements shall also allow the several sources from

24  which funds were received and shall show the balance on hand

25  at the time of the published statement.  It shall show a

26  complete statement of the condition of the District.

27         Section 13.  Each hospital and clinic established under

28  this act shall be for the use and benefit of the indigent sick

29  and other residents of the District.  Such residents shall be

30  admitted to such hospital and clinic and be entitled to

31  medical care without charge, subject to the rules and

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  regulations prescribed by the Board of Commissioners.  Such

  2  hospital and clinics shall care for and treat without charge,

  3  or alternatively for a reduced charge according to a sliding

  4  scale, patients who are found by such Board of Commissioners

  5  to be indigent, but such Board may collect from patients

  6  financially able such charges as such Board of Commissioners

  7  establish.  Such Board of Commissioners shall have the power

  8  to extend the benefits and privileges of such hospitals and

  9  clinics and treatment and outpatient department to the homes

10  of the indigent residents of such county.  The Board of

11  Commissioners may extend the privileges and use of such

12  hospitals and clinics to nonresidents of such District upon

13  such terms and conditions as the Board provides by its rules

14  and regulations provided, however, that the indigent residents

15  of the District wherein such hospital and clinic are located

16  shall have the first claim to admission.

17         Section 14.  This act shall be liberally constructed

18  for accomplishing the work authorized and provided for in this

19  act, and where strict construction would result in the defeat

20  of the accomplishment of any part of the work authorized by

21  this act, and a liberal construction would permit or assist in

22  the accomplishment thereof, the liberal construction shall be

23  chosen.

24         Section 15.  Any and all bonds issued under this act

25  may be validated by the Board of Commissioners for the Volusia

26  Hospital Authority under and in accordance with the provisions

27  of the general laws of Florida, in the same manner as is

28  therein provided for validation of bonds by any county,

29  municipality, or taxing district of the State of Florida.

30         Section 16.  The District and the Board of

31  Commissioners of the District shall have the power to

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  purchase, construct and erect, lease, equip, operate, and

  2  maintain or manage a hospital or hospitals in the District for

  3  the care of the sick or infirm or those suffering from any

  4  disease or injury to or of the body or mind.

  5         Section 17.  In accordance with section 189.404(3),

  6  Florida Statutes, the following subsections shall constitute

  7  the minimum charter requirements for the District:

  8         (1)  The District is organized and exists for the

  9  purpose set forth in this act, as it may be amended from time

10  to time.

11         (2)  The powers, functions, and duties of the District,

12  including, but not limited to, ad valorem taxation, bond

13  issuance, other revenue-raising capabilities, budget

14  preparation and approval, liens and foreclosure of liens, use

15  of tax deeds and tax certificates as appropriate for non-ad

16  valorem assessments, and contractual agreements shall be as

17  set forth in this act, chapters 189 and 197, Florida Statutes,

18  or any other applicable general or special law, as they may be

19  amended from time to time.

20         (3)  The District was created by special act of the

21  Florida Legislature by chapter 57-2085, Laws of Florida, as

22  amended.

23         (4)  The District's charter may be amended only by

24  special act of the Legislature.

25         (5)  In accordance with chapter 189, Florida Statutes,

26  and this act, the District is governed by a five-member Board

27  of Commissioners as provided for in this act.

28         (6)  The compensation of Board of Commissioners shall

29  be as provided for by this act.

30         (7)  The administrative duties of the Board of

31  Commissioners shall be as set forth in this act and chapter

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1  189, Florida Statutes, as they may be amended from time to

  2  time.

  3         (8)  Requirements for financial disclosure, meeting

  4  notices, reporting, public records maintenance, and per diem

  5  expenses for officers and employees shall be as set forth in

  6  chapters 112, 119, 189, and 286, Florida Statutes, and this

  7  act, as they may be amended from time to time.

  8         (9)  The procedures and requirements governing the

  9  issuance of bonds, notes, and other evidence of indebtedness

10  by the District shall be as set forth in this act, and

11  applicable general laws, as they may be amended from time to

12  time.

13         (10)  The procedures for conducting District elections

14  and for qualification of electors shall be pursuant to this

15  act and chapter 189, Florida Statutes, as they may be amended

16  from time to time.

17         (11)  The District may be financed by any method

18  established in this act, and applicable general laws, as they

19  may be amended from time to time.

20         (12)  The District does not collect non-ad valorem

21  assessments, fees, or service charges as set forth in chapters

22  197, Florida Statutes.

23         (13)  The District's planning requirements shall be as

24  set forth in chapter 189, Florida Statutes, and this act, as

25  they may be amended from time to time.

26         (14)  The District's geographic boundary limitations

27  shall be as set forth in this act.

28         (15)  This section shall not be construed to limit or

29  restrict any of the powers vested in the Board of

30  Commissioners by any other section or provision of this act.

31

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    Florida Senate - 2002        (NP)                      SB 2674
    16-1066B-02                                         See HB 969




  1         Section 4.  If any provision of this act or its

  2  application to any person or circumstance is held invalid, the

  3  invalidity shall not affect other provisions or applications

  4  of the act which can be given effect without the invalid

  5  provision or application, and to this end the provisions of

  6  this act are severable.

  7         Section 5.  In the event of a conflict between the

  8  provisions of this act and the provisions of any other act,

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

10  conflict.

11         Section 6.  This act shall be construed as a remedial

12  act and shall be liberally construed to promote the purpose

13  for which it is intended.

14         Section 7.  Chapters 57-1929, 59-1949, 61-2974,

15  65-2344, 67-2152, 69-1698, 69-1696, 71-951, 71-955, 82-383,

16  88-473, and 96-445, Laws of Florida, are repealed.

17         Section 8.  This act shall take effect upon becoming a

18  law.

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