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  1

  2         An act relating to the North Lake County

  3         Hospital District, Lake County; codifying

  4         special laws relating to the district;

  5         providing legislative intent; amending,

  6         codifying, reenacting, and repealing chapters

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

  8         district boundaries; providing definitions;

  9         providing for a board of trustees as the

10         governing body of the district; prescribing the

11         powers and duties of the board; providing for

12         compensation and meetings of the board;

13         providing a principal office of the district;

14         authorizing the board to levy an annual ad

15         valorem tax upon taxable property within the

16         district; providing for purpose of the tax;

17         providing for a method for such levy; exempting

18         property of the district for assessment;

19         prohibiting the board from transferring control

20         of the district's hospitals or facilities

21         except upon approval by referendum; providing

22         for severability; providing an effective date.

23

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

25

26         Section 1.  Pursuant to section 189.429, Florida

27  Statutes, this act constitutes the codification of all special

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

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

30  provide a single comprehensive special act charter for the

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  1  district, including all current authority granted to the

  2  district by its several legislative enactments.

  3         Section 2.  Chapters 95-508 and 97-332, Laws of

  4  Florida, creating the North Lake County Hospital District are

  5  amended, codified, reenacted, and repealed as provided in this

  6  act.

  7         Section 3.  The charter for the North Lake County

  8  Hospital District is re-created and reenacted to read:

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

10         A.  All provisions contained in this act which are

11  contrary to the concurrent resolutions are deemed changed by

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

13  Hospital District Act."

14         B.  There is created and established as an independent

15  special taxing district of the state a hospital district in

16  Lake County to be known as the "North Lake County Hospital

17  District," which shall comprise and include the territory

18  within Lake County described as follows:

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20         Beginning at the range line dividing ranges 26

21         and 27 east at its intersection with the

22         township line separating townships 20 and 21

23         south of the Tallahassee meridian; thence north

24         on said range line to the township line

25         dividing townships 19 and 20 south; thence east

26         on said township line to the Wekiva River;

27         thence north along the thread of the said

28         Wekiva River to the St. Johns River; thence in

29         a northerly and northwesterly direction through

30         the thread of the St. Johns River to the

31         southwest shore of Lake George; thence north


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  1         along the west shore of Lake George to the

  2         range line dividing ranges 26 and 27 east;

  3         thence south on said range line to the township

  4         line dividing townships 17 and 18 south; thence

  5         west on said township line to the northeast

  6         corner of section 1, township 18 south, range

  7         25 east; thence run south along the east range

  8         line for range 25 to the southeast corner of

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

10         thence run east along the North boundary of

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

12         the waters of Lake Eustis; thence southwesterly

13         along the waters of Lake Eustis to the center

14         of the mouth of Dead River; thence

15         southwesterly along the center of Dead River to

16         an extension of the west boundary of section

17         24, township 19 south, range 25 east, extended

18         south into Lake Harris; thence run

19         southwesterly across Lake Harris to the

20         intersection of the eastern boundary of section

21         12, township 20 south, range 24 east, with the

22         waters of Lake Harris; thence run southeasterly

23         and south/southeasterly along the shoreline of

24         Lake Harris and Little Lake Harris to the south

25         boundary line of section 24, township 20 south,

26         range 25 east; thence run west to the northwest

27         corner of section 27, township 20 south, range

28         25 east; thence run south to the southwest

29         corner of section 34, township 20 south, range

30         25 east; thence run east along the township

31         line separating townships 20 and 21 south, to


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  1         the Tallahassee Meridian to the point of

  2         beginning (hereinafter the "Northeast

  3         Territory").

  4         and

  5         Begin at the northwest (NW) corner of section

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

  7         east along the north township line of township

  8         18 south, to the northeast corner of section 1,

  9         township 18 south, range 25 east; thence run

10         south along the east range line of range 25 to

11         the southeast corner of section 36, township 18

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

13         north boundary of section 6, township 29 south,

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

15         thence southwesterly along the waters of Lake

16         Eustis to the center of the mouth of Dead

17         River; thence southwesterly along the center of

18         Dead River to an extension of the west boundary

19         of section 24, township 19 south, range 25

20         east, extended south into Lake Harris; thence

21         run southwesterly across Lake Harris to the

22         point that the eastern boundary of section 12,

23         township 20 south, range 24 east intersects

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

25         general southeasterly direction along the

26         waters of Lake Harris to the point that the

27         southern boundary of section 24, township 20

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

29         Harris intersect; thence run west along the

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

31         township 20 south, range 25 east, to the


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  1         southwest (SW) corner of said section 22,

  2         township 20 south, range 25 east; thence run

  3         south along the west boundary of sections 27

  4         and 34, township 20 south, range 25 east to the

  5         southwest (SW) corner of section 34, township

  6         20 south, range 25 east; thence run west along

  7         the south line of said township 20 to western

  8         boundary of Lake County, and west boundary of

  9         range 24 east; thence north along the west

10         boundary of said range 24 to the point of

11         beginning (hereinafter the "Northwest

12         Territory").

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

15  the North Lake County Hospital District as a local

16  governmental entity is to ensure continued hospital services

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

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

19         Section 3.  MEMBERSHIP AND ORGANIZATION OF THE

20  GOVERNING BOARD OF THE DISTRICT.--

21         A.  General.--

22         1.  The North Lake County Hospital District shall be

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

24  elected by the electors residing within the North Lake County

25  Hospital District in a general election. The trustees

26  currently serving on the board shall continue in their

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

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

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

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

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


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  1  elections for the office of trustee shall be conducted during

  2  general elections.

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

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

  5  County Commissioners of Lake County and its successors in

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

  7  Hospital District for the faithful performance of his or her

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

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

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

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

12  district as part of the expenses of the district.

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

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

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

16  trustees may select from among its membership a chair, vice

17  chair, secretary, and treasurer. The board of trustees shall

18  cause true and accurate minutes and records to be kept of all

19  business transacted by them and shall keep full, true, and

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

21  shall be open and subject to the inspection of the inhabitants

22  of the district at all reasonable times during normal business

23  hours. Any person desiring to do so may obtain a copy of the

24  minutes and books of account or such portions thereof as he or

25  she may desire upon payment of the costs of reproduction.

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

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

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

29  18 years of age, and registered with the Supervisor of

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

31  of members of the board of trustees.


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

  2  duly qualified electors who reside in the North Lake County

  3  Hospital District. Three trustees must reside in the Northeast

  4  Territory and three trustees must reside in the Northwest

  5  Territory.

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

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

  8  appointees shall serve until the expiration of the term for

  9  which they are appointed.

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

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

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

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

14  meeting shall be published in a daily newspaper of general

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

16  classified ad sections, in the North Lake County Hospital

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

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

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

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

21  but is not limited to:

22         1.  Call to order.

23         2.  Presentation and approval of minutes of the last

24  annual meeting and of any special meeting held since that

25  meeting.

26         3.  Financial report.

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

28  trustees.

29         5.  Transaction of any business that may properly be

30  brought before the board.

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


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

  2  trustees may be called at any time by the chair or upon the

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

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

  5  by publication in a newspaper of general daily circulation in

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

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

  8  of the business to be considered.

  9         E.  Removal of members from the board of trustees.--Any

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

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

12  vacancies thereby occurring shall be filled through

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

14  unexpired term.

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

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

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

18  eminent domain.

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

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

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

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

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

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

25  personal property as the board of trustees deems proper or

26  expedient to carry out the purposes of this act.

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

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

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

30  nonexempt property within that area of Lake County which

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  1  comprises the North Lake County Hospital District. Such tax

  2  shall be paid into the district fund.

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

  4  tax proceeds generated from within the Northeast Territory,

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

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

  7  by the board of trustees to Florida Hospital Waterman

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

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

10  health care. All future proceeds generated from within the

11  Northwest Territory, less one-half of the amount reserved

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

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

14  Regional Medical Center Charitable Foundation, Inc., upon

15  written request by Leesburg Regional Medical Center Charitable

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

17         E.  LifeStream Behavioral Center.--Leesburg Regional

18  Medical Center Charitable Foundations, Inc., and Florida

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

20  attention of the respective boards that LifeStream Behavioral

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

22  submission of a written request by LifeStream Behavioral

23  Center certifying that the funds are needed for indigent

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

25  Waterman Foundation, Inc., and Leesburg Regional Medical

26  Center Charitable Foundation, Inc. Florida Hospital Waterman

27  Foundation, Inc., and Leesburg Regional Medical Center

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

29  LifeStream Behavioral Center from their respective share of

30  tax funds collected and received by Florida Hospital Waterman

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  1  Foundation, Inc., and Leesburg Regional Medical Center

  2  Charitable Foundation, Inc.

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

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

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

  6  from the Northeast Territory, whichever is greater, plus

  7  $100,000 or 1/20 of 1 mill of the tax moneys due Leesburg

  8  Regional Medical Charitable Foundation, Inc., from the

  9  Northwest Territory, whichever is greater. If Florida Hospital

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

11  Charitable Foundation, Inc., refuses to pay LifeStream

12  Behavioral Center the funds due under this section in any

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

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

15  Lake County Hospital District shall directly pay LifeStream

16  Behavioral Center an amount equal to the funds withheld during

17  the previous year by the subject provider payable from funds

18  which would otherwise be payable to the subject provider.

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

20  the obligation to pay tax revenues to LifeStream Behavioral

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

22         a.  When a countywide health taxing district is created

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

24  countywide health taxing district provides for reimbursement

25  on an accountability basis to medical providers for medical,

26  hospital, and emergency care, including psychiatric care

27  provided to indigent residing within the county, and the

28  countywide health taxing district actually reimburses

29  LifeStream Behavioral Center for medical services in an amount

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

31  provisions of this act in 1 calendar year; or


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

  2  loses, relinquishes, or forfeits its accreditation as a

  3  hospital.

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  5  Any reimbursement for medical services paid to LifeStream

  6  Behavioral Center by any future countywide health taxing

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

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

  9  tax revenues payments provided for LifeStream Behavioral

10  Center in this act be reduced by the same amount that is

11  actually paid to the hospital by the countywide taxing

12  district.

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

14  Center Charitable Foundation, Inc., and its parent

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

16  its parent corporation; and LifeStream Behavioral Center shall

17  each file annual audited financial statements with the North

18  Lake County Hospital District.

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

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

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

22  the Board of Trustees of the North Lake County Hospital

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

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

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

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

27  Lake County Hospital District within the time and in the

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

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

30  of the Department of Revenue to assess all such property in

31  accordance with section 193.085, Florida Statutes. The amount


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  1  of each county or state taxes and the taxes for the district

  2  shall be assessed by the officer respectively as are county

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

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

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

  6  the Board of Trustees of the North Lake County Hospital

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

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

  9  County Hospital District may pay from the funds of the

10  district all expenses of the organization of such Board of

11  Trustees and all expenses necessarily incurred with the

12  development of the district as well as all other reasonable

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

14  certified public accountant and an attorney as needed in the

15  transaction of the business of the district in carrying out

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

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

18  necessary by the board for its yearly expenses.

19         I.  Financial disclosure, notice, and reporting

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

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

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

23  financial statement of all money received and distributed by

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

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

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

27  the several sources from which the funds were received and

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

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

30  financial condition of the district. Notice of the statement

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


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  1  County and published in a newspaper regularly published in

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

  3  reasonable times to all residents of the district for their

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

  5  Hospital District shall comply with all financial disclosure

  6  and reporting requirements provided in general law.

  7         J.  Preparation of budget.--The Board of Trustees of

  8  the North Lake County Hospital District shall prepare an

  9  annual balanced budget in accordance with generally accepted

10  accounting practices and in the manner prescribed by section

11  218.34, Florida Statutes.

12         K.  Liens and foreclosures.--Liens and foreclosure of

13  liens resulting from failure to pay ad valorem taxation shall

14  be treated as liens and foreclosures resulting from other ad

15  valorem taxes.

16         Section 5.  ESTABLISHMENT AND DISSOLUTION OF THE

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

18  pursuant to section 189.4042, Florida Statutes, is

19  reestablished by this act as a special district under chapter

20  189, Florida Statutes. The district may be dissolved by action

21  of the Legislature.

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

23  not be amended except by action of the Legislature.

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

25  the provisions of this act be liberally construed for

26  accomplishing the purposes authorized and provided for by this

27  act.

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

29  otherwise be required by general law, comprehensive planning

30  is not required by this act.

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  1         Section 4.  Chapters 95-508 and 97-332, Laws of

  2  Florida, are repealed.

  3         Section 5.  If any provision of this act or its

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

  5  invalidity does not affect other provisions or applications of

  6  the act which can be given effect without the invalid

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

  8  this act are declared severable.

  9         Section 6.  This act shall take effect upon becoming a

10  law.

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