Senate Bill sb2674
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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
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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
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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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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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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
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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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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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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
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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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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
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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
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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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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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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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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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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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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.
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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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