HB 1113 2003
1	A bill to be entitled
2	An act relating to Sarasota County; providing legislative
3	intent; amending, codifying, and reenacting all special
4	acts relating to the Sarasota County Public Hospital
5	District; providing District boundaries; providing for a
6	governing board; providing powers, functions, and duties
7	of the District and its governing board, including express
8	power to sell and exchange real estate; repealing chapters
9	26468 (1949), 27888 (1951), 31262 (1955), 57-1838, 59-
10	1839, 61-2807, 61-2855, 61-2868, 63-1893, 63-1895, 63-
11	1896, 63-1913, 65-2226, 65-2227, 65-2232, 67-2047, 69-
12	1583, 69-1593, 71-907, 83-525, 84-530, 85-501, 86-373, 87-
13	526, 88-534, 90-411, 90-422, 95-507, and 2000-400, Laws of
14	Florida, except for the provisions approved in referendum
15	on January 10, 1950, conferring ad valorem taxing
16	authority; ratifying actions of the District and the
17	governing board taken pursuant to chapter 69-1583, Laws of
18	Florida; providing severability; providing for
19	construction and effect; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1. Pursuant to section 189.429, Florida Statutes,
24	this act constitutes the codification of all special acts
25	relating to Sarasota County Public Hospital District. It is the
26	intent of the Legislature in enacting this law to provide a
27	single, comprehensive special act charter for the District
28	including all current legislative authority granted to the
29	District by its several legislative enactments, inclusive of
30	authority conferred in referenda of Sarasota County electors,
31	and any additional authority granted by this act. It is further
32	the intent of this act to preserve all District authority in
33	addition to any authority contained in general law as amended
34	from time to time.
35	Section 2. Chapters 26468 (1949), 27888 (1951), 31262
36	(1955), 57-1838, 59-1839, 61-2807, 61-2855, 61-2868, 63-1893,
37	63-1895, 63-1896, 63-1913, 65-2226, 65-2227, 65-2232, 67-2047,
38	69-1583, 69-1593, 71-907, 83-525, 84-530, 85-501, 86-373, 87-
39	526, 88-534, 90-411, 90-422, 95-507, and 2000-400, Laws of
40	Florida, are amended, codified, reenacted, and repealed as
41	herein provided.
42	Section 3. The Sarasota County Public Hospital District is
43	re-created, and the charter for such District is re-created and
44	reenacted to read:
45	Section seq level0 \h \r0 seq level1 \h \r0 seq level2 \h \r0 seq level3 \h \r0 seq level4 \h \r0 seq level5 \h \r0 seq level6 \h \r0 seq level7 \h \r0 1. (1) The Sarasota County Public Hospital
46	District (“District”), an independent special district, is hereby
47	established with jurisdiction extending territorially throughout
48	all of Sarasota County, which territory is hereby known as the
49	Sarasota County Public Hospital District, and which shall be
50	governed by the Sarasota County Public Hospital Board (“Hospital
51	Board”), as a body corporate.
52	(2) For purposes of election of Hospital Board members, the
53	Hospital Board shall create three hospital board districts within
54	the Sarasota County Public Hospital District, the boundaries of
55	which shall be within the boundaries of Sarasota County, which
56	shall be designated as northern, central, and southern districts,
57	and which shall be as nearly equal in population as practicable.
58	The Hospital Board by resolution adopted from time to time, at
59	intervals of no more than 10 years, shall fix the boundaries of
60	the districts along the lines of precincts as they exist at the
61	time such boundaries are fixed. A certified copy of the
62	resolution shall be furnished by the secretary of the Hospital
63	Board to the Sarasota County Supervisor of Elections at least 10
64	months prior to the next ensuing general election following
65	adoption of the resolution.
66	(3) The membership of the Hospital Board shall consist of
67	nine members, all of whom must be qualified electors of the
68	District. Commencing with the election of 1988, two such members
69	must reside in each of said hospital board districts. All
70	members shall be elected in a partisan election by the qualified
71	electors of the District. Two members who are residents of the
72	southern district shall be elected to district seats in 1986 and
73	every fourth year thereafter; two members who are residents of
74	the northern district shall be elected to district seats in 1986
75	and every fourth year thereafter; one member who is a resident of
76	the central district shall be elected to a district seat in 1986
77	and every fourth year thereafter; one member who is a resident of
78	the central district shall be elected to a district seat in 1988
79	and every fourth year thereafter; and three members shall be
80	elected to at-large seats in 1988 and every fourth year
81	thereafter. Candidates for the six district seats and the three
82	at-large seats shall be numerically or otherwise grouped for a
83	specific seat on primary or general election ballots as provided
84	in the Florida Election Code. Candidates for district seats
85	shall be placed in districts on primary and general election
86	ballots. In any year in which hospital board district seats are
87	to be filled, the hospital board district (northern, central, or
88	southern) shall be printed on the ballot beneath the name of the
89	office. The format of the ballot shall be in conformity with the
90	Florida Election Code. Four members who were elected for 4-year
91	terms in the election of November 1982 and one member who was
92	elected for a 2-year term in the election of November 1984 shall
93	serve until the expiration of their terms of office, and five
94	members shall be elected for 4-year terms in 1986 and each fourth
95	year thereafter. Four members who were elected for 4-year terms
96	in the election of November 1984 shall serve until the expiration
97	of their terms of office, and four members shall be elected for
98	4-year terms in 1988 and each fourth year thereafter.
99	(4) If a vacancy occurs on the Hospital Board due to a
100	member's death, resignation, removal from office for neglect of
101	duty, removal of residence from the territorial limits of the
102	county, or removal of residence from the territorial limits of
103	the district in the case of a district seat holder, the remainder
104	of the Hospital Board shall appoint a temporary member to fill
105	the vacancy until the next ensuing general election, at which
106	time a new member must be elected for the remainder of the term
107	of the member whose membership has been so vacated. To be
108	eligible for appointment to such Hospital Board, a person must be
109	a qualified elector of the territory covered by this act, and if
110	the vacancy occurs in a hospital board district seat, such person
111	must also be a resident of that district in which the vacancy
112	occurs.
113	(5) The term of office of a Hospital Board member begins on
114	the Tuesday 2 weeks following the day of general election in
115	which the member is elected. The term of office of a member's
116	immediate predecessor expires contemporaneously with the
117	commencement of the term of such newly elected member.
118	(6) Each Hospital Board member shall attend not less than
119	75 percent of the regular meetings of the Hospital Board during
120	each year of such board member's term. For purposes of this
121	subsection, the year of a board member's term commences on the
122	date, followed by the yearly anniversary of the date, upon which
123	the board member takes office. The failure of any Hospital Board
124	member to meet this attendance requirement without being excused
125	by the chair of the Hospital Board constitutes neglect of duty.
126	By resolution specifying facts sufficient to advise a Hospital
127	Board member as to the basis for his or her suspension or removal
128	and after providing the Hospital Board member with reasonable
129	notice and an informal opportunity for him or her to be heard,
130	the Hospital Board may suspend or remove from office any Hospital
131	Board member for neglect of duty. If a vacancy occurs on the
132	Hospital Board due to removal from office pursuant to this
133	subsection, the remainder of the Hospital Board shall fill the
134	vacancy in the manner set forth in subsection (4).
135	Section 2. seq level1 \h \r0 seq level2 \h \r0 seq level3 \h \r0 seq level4 \h \r0 The members of said Hospital Board shall receive
136	no salary as board members but shall be reimbursed for the amount
137	of actual expenses incurred by them in the performance of their
138	duties. Reimbursement for mileage shall include mileage from
139	members' places of residence to Hospital Board facilities and
140	return and for vicinity mileage incurred in the performance of
141	their duties and shall be computed as provided in section
142	112.061, Florida Statutes. The travel expenses, subsistence, and
143	lodging expenses of a member may not exceed those prescribed by
144	section 112.061, Florida Statutes, unless actual reasonable
145	expenses in excess of those prescribed by section 112.061,
146	Florida Statutes, are specifically authorized prior to the
147	incurring of such expenses, by action of the Hospital Board taken
148	at a regular monthly meeting at which the question of such
149	expenses appears as a separate item on the agenda.
150	Section 3. The Hospital Board shall select a meeting place
151	and a place for its principal office, and the board meetings
152	shall be held at least once a month. The Hospital Board may
153	elect one of its members to serve as secretary, one to serve as
154	assistant secretary, one to serve as treasurer, and two to serve
155	as assistant treasurers; or it may appoint persons not members of
156	the Hospital Board to serve in those capacities. There shall be
157	a chair of the board, a first vice chair, and a second vice
158	chair. The Hospital Board is authorized to establish and
159	maintain a refund account in a commercial bank of its choosing
160	and may designate the president, executive vice president, vice
161	presidents, business office manager, or controller of the
162	Hospital Board, or any of them, as the sole authorized
163	signatories for such refund account. The president appointed by
164	the Hospital Board, the chair, the first vice chair, the second
165	vice chair, the treasurer, and the assistant treasurers shall be
166	empowered to issue, without a cosignature, warrants for payment
167	of salaries and wages of employees of the Hospital Board. All
168	other vouchers and warrants shall be issued by either the
169	treasurer or assistant treasurer and shall be signed by the
170	chair, and in the event of the absence of the chair, by the first
171	vice chair, and in the event of the absence of the chair and the
172	first vice chair, by the second vice chair. The Hospital Board
173	is authorized to issue its checks, warrants, and vouchers bearing
174	facsimile signatures which are affixed by check-signing machines
175	and devices of the officers and employees of the Hospital Board
176	who are authorized to sign on its behalf. Said treasurer and
177	assistant treasurers shall give bonds, in amounts to be
178	designated by a majority vote of said Hospital Board, of the
179	faithful performance of their duties, by some reputable bonding
180	company authorized to do business in the State of Florida. The
181	said Hospital Board is authorized to pay to the treasurer,
182	assistant treasurers, secretary, and assistant secretary a salary
183	and expenses commensurate with the work done and in keeping with
184	the salary paid for like work by other businesses in the
185	community from time to time.
186	Section 4. The said Sarasota County Public Hospital Board,
187	as the governing body of the District, is hereby declared to be a
188	body corporate and it shall adopt a common seal.
189	Section 5. The duties of the secretary duly elected by said
190	Hospital Board shall be to keep full and correct minutes of all
191	proceedings and minutes of the Hospital Board. The duties of the
192	treasurer duly elected by said Hospital Board shall be to keep a
193	separate account of all expenditures and disbursements by said
194	Hospital Board and an account of all receipts.
195	Section 6. The said Hospital Board shall make and adopt
196	such bylaws, rules, and regulations for its guidance and for the
197	governance of any hospitals that may be established, as may be
198	deemed expedient for the economic and equitable conduct thereof,
199	and shall have exclusive control of the expenditures of all
200	moneys collected or paid to the secretary of the Hospital Board,
201	and shall have power to purchase a site or sites, and to
202	construct any hospital building or buildings necessary, and shall
203	have full supervision, care, and custody of all properties
204	belonging to said Sarasota County Public Hospital Board, or
205	leased to it, or set apart to it for its purposes. Said Hospital
206	Board shall also have the right to buy at a reasonable price any
207	buildings or hospitals which may be now in use and suitable for
208	the purposes of said Board.
209	Section 7. All moneys and receipts for such hospital or
210	hospitals and other health care services, if any, shall be
211	deposited in a bank or banks designated by said Hospital Board
212	and placed to the credit of said Hospital Board. Such moneys may
213	be paid out in the same manner as provided in section 3, without
214	an order from said Hospital Board, for general operating expenses
215	including, but not limited to, such categories of expense as
216	drugs, food, fuel, linens, supplies, laundry, medicines,
217	salaries, wages, utilities, and items of equipment; for capital
218	expenses for land, buildings, and equipment; and for other valid
219	corporate purposes. The Hospital Board is empowered to adopt
220	resolutions or to adopt provisions in its bylaws from time to
221	time which establish a procedure which requires the approval and
222	order of the Hospital Board for the payment of any of the
223	foregoing designated categories of expense which exceed a dollar
224	amount or which meet any other expense criteria as established in
225	such Hospital Board resolutions or bylaws. When such items
226	requiring board approval have been approved by the Hospital Board
227	in regular session and a voucher issued, a warrant may be drawn
228	for same.
229	Section 8. A majority of said Hospital Board shall
230	constitute a quorum for the transaction of its business, and said
231	Hospital Board shall be and is hereby authorized and empowered:
232	(1) To appoint a suitable president, fix his or her
233	compensation, remove any such appointee, and authorize the
234	president to do all things reasonable and necessary to direct the
235	operations and activities of facilities owned or operated by the
236	Hospital Board.
237	(2) To acquire by purchase, gift, or otherwise real and
238	personal property necessary or useful for the construction,
239	operation, and maintenance of hospital buildings and other
240	buildings necessary, in the opinion of the Hospital Board, for
241	health care purposes; to sell or exchange real estate or any
242	interest in real estate; and to construct hospitals, health
243	facilities which may include outpatient health facilities and
244	medical offices, and buildings and accessories incidental thereto
245	on such real estate, and, if such construction occurs within the
246	Memorial Hospital Core as defined by the Comprehensive Plan of
247	the City of Sarasota, to do so without regard to municipal and
248	county zoning ordinances, laws, and regulations.
249	(3) To adopt from time to time resolutions requesting the
250	Board of County Commissioners of Sarasota County to call
251	elections in the District for the purpose of submitting to the
252	qualified electors in the District the question of issuing bonds
253	of the District for the purpose of acquiring a site or sites, the
254	construction thereon of a hospital or hospitals and buildings
255	incidental thereto, and to improve buildings or buildings and the
256	furnishings and equipping of any such hospital or hospitals and
257	buildings. Said Hospital Board may adopt such resolutions on its
258	own initiative and shall adopt such resolutions upon the filing
259	with it of a petition signed by not less than 5 percent of the
260	qualified electors of the District requesting the Hospital Board
261	to adopt such resolutions. Upon the adoption of such resolution
262	by the Hospital Board, it shall be the duty of the Board of
263	County Commissioners of Sarasota County to forthwith adopt a
264	resolution or resolutions which order an election to be held in
265	such county and provide for the date of such elections and the
266	publication of notices thereof, all in the form and manner
267	provided by law.
268	(4) To issue negotiable coupon bonds of the District, from
269	time to time, if approved by a majority of the votes cast in an
270	election by the qualified electors of the District, bearing
271	interest at such rate or rates not exceeding 6 percent per annum,
272	maturing at such time or times not exceeding 30 years from the
273	date thereof, and redeemable at such times and at such price or
274	prices, all as said Hospital Board may determine by resolution,
275	and to sell such bonds at public or private sale and for such
276	price, not less than 95 percent of the par value thereof, as said
277	county Hospital Board may by resolution determine.
278	(5) To supervise, operate, and maintain all properties
279	belonging to it.
280	(6) To enter into contracts or leases with any individual,
281	corporation, public body, board of commissioners, the State of
282	Florida, Sarasota County, or any municipality, or agency or
283	instrumentality of said state, county, or municipality, with
284	respect to the use of any of the property belonging to the
285	Hospital Board by any thereof.
286	(7) To borrow money from any person, firm, association,
287	corporation, or governmental agency necessary for the purpose of
288	purchasing property, constructing buildings, equipping the
289	hospital or hospitals or other health facilities owned or
290	operated by the Hospital Board, and maintaining said hospital or
291	hospitals or other health facilities, from time to time as may be
292	necessary in properly carrying out the spirit and purpose of this
293	act, and as evidence thereof to make, execute, and deliver
294	promissory notes or other evidences of other indebtedness; and,
295	to the extent permitted by the Florida Constitution and general
296	laws, to secure the payment of same by mortgages, liens, and
297	other kinds of security upon any property owned or held by the
298	Hospital Board.
299	(8) To certify to the Board of County Commissioners of
300	Sarasota County the amount of the principal and interest upon
301	bonds issued by the Hospital Board and falling due in which any
302	such principal or interest may be payable and the amount
303	necessary to be raised in the District for the purposes of
304	providing a fund sufficient in the opinion of the Hospital Board
305	to pay the cost of operating and maintaining properties of the
306	Hospital Board in each year. In the event bonds shall be issued
307	under the provisions of this act, it shall be the duty of the
308	Hospital Board to certify such facts in writing to the Board of
309	County Commissioners within 30 days after the delivery of such
310	bonds and on or before the expiration of each 12-month period
311	thereafter, and it shall be the duty of the Board of County
312	Commissioners to levy upon all taxable property in the District
313	and collect a tax sufficient to provide funds for the payment of
314	the principal and the interest upon such bonds as such principal
315	and the interest upon such bonds fall due and a tax, not to
316	exceed 2 mills on assessed valuation of property in the District,
317	to provide funds for the operation, maintenance, and repair of
318	and for the making of alterations and additions to any hospitals
319	established by the Hospital Board under the provisions of this
320	act. The proceeds of all such taxes shall be paid over to the
321	secretary and treasurer of the District as such taxes are
322	received.
323	(9) To certify to the Board of County Commissioners of
324	Sarasota County, on or before the 15th day of each month
325	commencing with the month of November 1959, a list of all the
326	medically indigent persons who have been hospitalized in any of
327	the hospitals which are operated by the Hospital Board during the
328	preceding month, together with the itemized charges for the
329	hospital services and care for each of said medically indigent
330	persons which have been rendered in such preceding month by the
331	said hospital. The Board of County Commissioners of Sarasota
332	County shall, within 45 days after the receipt of such certified
333	list of medically indigent patients with the hospital charges,
334	make remittance to the treasurer of the Hospital Board of the sum
335	total of the amount shown on the certified list to be the amount
336	owing to the Hospital Board for the hospital services and care
337	rendered to the medically indigent persons during the month
338	embraced in said certification.
339	The Hospital Board shall give written notice to the Welfare
340	Department of Sarasota County of the proposed admission of each
341	medically indigent person to hospitals operated by said Hospital
342	Board, prior to the actual admission of each such medically
343	indigent person, provided, however, that notice to said Welfare
344	Department prior to the admission of a medically indigent person
345	shall not be required in emergency cases.
346	The said Board of County Commissioners shall in like manner
347	reimburse any other hospital in Sarasota County, approved by the
348	State Board of Health, for hospital services rendered to
349	medically indigent persons as herein defined, upon like
350	certification by such hospital and at such rates as shall not
351	exceed those prescribed for such patients by hospitals owned and
352	operated by said Hospital Board.
353	The term "medically indigent person," as used in this act,
354	shall be deemed to mean an inhabitant of Sarasota County who is
355	ill or injured and who requires treatment in a hospital as
356	prescribed and ordered by a physician and who is unable to
357	provide himself or herself with such necessary hospital services.
358	(10) To expend hospital funds and withhold employees' wages
359	in order to make payment (including any amount paid for insurance
360	and annuities, or into a fund, to provide for any such payment)
361	to or on behalf of an employee of the Hospital Board or any of
362	his or her dependents under any plan or system established by the
363	Hospital Board, when such payment is on account of (a)
364	retirement; (b) sickness or accident disability; (c) medical or
365	hospitalization expenses in connection with sickness or accident
366	disability; or (d) death.
367	(11) To expend funds and provide facilities and personnel
368	to conduct formal and informal courses of instruction,
369	demonstration, and education through hospitals under its
370	jurisdiction relating to hospital procedures, services, and care
371	and the operation and care of apparatus and equipment utilized in
372	connection with usual hospital functions, and to authorize the
373	participation in such courses with private or other governmental
374	agencies; and to award scholarship grants and make scholarship
375	loans to qualified students of nursing, X-ray technology, and
376	other hospital-related fields of study in consideration for the
377	promises of such students to enter the employment of said
378	Hospital Board and to meet other conditions and requirements to
379	be established by said Hospital Board from time to time.
380	(12) To provide hospital and other health care services
381	within the confines of facilities which are owned or operated by
382	the Board. Additionally, the Hospital Board is authorized to
383	provide hospital and other health care services within the
384	boundaries of the Hospital District but outside of facilities
385	which are owned or operated by the Board, provided that the
386	Hospital Board shall adopt a resolution or resolutions from time
387	to time defining the type and scope of hospital and other health
388	care services which the Hospital Board employees, agents, and
389	staff are authorized to render outside of the facilities of the
390	Board.
391	(13) To participate, to the extent permitted by the
392	constitution and laws of this state, as a shareholder in a
393	corporation, as a joint venturer in a joint venture, as a partner
394	in a limited partnership or a general partnership, or as a member
395	of any other lawful form of business organization which provides
396	health care or engages in activities related thereto; to make or
397	arrange for loans, contributions to capital, and other debt and
398	equity financing for the activities of such corporations, joint
399	ventures, partnerships, or other lawful forms of business
400	organization and to guarantee loans for such purposes; to elect
401	the boards of directors of its not-for-profit corporations; and
402	to utilize, for any lawful purpose, assets and resources of the
403	Hospital Board to the extent not needed for health care and
404	related activities.
405	(14) To establish a fund out of hospital revenues other
406	than those revenues derived from ad valorem taxation to promote
407	the activities of the facilities owned or operated by the
408	Hospital Board. The term "promote," as used in this subsection,
409	shall be defined in its broadest sense to include, but not be
410	limited to, advertising, the extension of hospitality or
411	entertainment, the use of news media, and the employment of
412	public relations methods. Expenditures from the fund shall be
413	limited to those determined by the Hospital Board to be
414	reasonable and necessary to encourage and develop support for the
415	facilities owned and operated by the Hospital Board. The
416	Hospital Board may adopt rules for the effective implementation
417	of this subsection.
418	(15) To compromise and settle any accounts receivable or
419	other claim for money due and owing to the hospital by persons
420	unable to pay on demand according to such terms and conditions as
421	the Hospital Board in its discretion may determine. The Hospital
422	Board is further authorized and empowered to sell, assign, or
423	convey to any person, financial institution, or organization the
424	right, title, and interest in any account receivable or judgment
425	owned by the Hospital Board by full or partial payment of such
426	account or judgments as the Hospital Board in its discretion may
427	determine.
428	(16) To establish, own, provide, or participate in health
429	maintenance organizations, in preferred provider organizations,
430	in food services, and in other health-care-related activities
431	using assets and resources of the Hospital Board to the extent
432	not needed for health care. Any of such activities may be
433	carried out by the Hospital Board through any of its forms of
434	organization authorized under this act.
435	(17) To the extent permitted by the constitution and laws
436	of this state, to establish, operate, or support subsidiaries and
437	affiliates, either for profit or not for profit, to assist the
438	Hospital Board in fulfilling its declared public purpose of
439	provision for the health care needs of the people of the
440	District; to establish or support nonaffiliated, not-for-profit
441	corporations which operate primarily within the District and
442	which have as their purposes the furtherance of the Hospital
443	Board's provision for the health care needs of the people of the
444	District; and to accomplish such establishment, operation, or
445	support of any such subsidiary, affiliate, or nonaffiliated, not-
446	for-profit corporation by means of loans of funds either interest
447	free or at low interest, leases of real or personal property
448	either rent free or for low rental, gifts and grants of funds, or
449	guarantees of indebtedness of such subsidiaries, affiliates, and
450	nonaffiliated, not-for-profit corporations. The establishment,
451	operation, or support of a subsidiary or affiliate corporation or
452	nonaffiliated, not-for-profit corporation is hereby found and
453	declared to be a public purpose and necessary for the
454	preservation of the public health and for a public use and for
455	the welfare of the Hospital Board and inhabitants of the
456	District. It is the intent of the Legislature to authorize the
457	formation of the entities described in this section to further
458	the interests of the residents of Sarasota County in maintaining
459	the financial well-being of Memorial Hospital of Sarasota by
460	providing, directly or indirectly, for the delivery, financing,
461	and support of hospital and nonhospital health care services and
462	related activities to the extent consistent with the financial,
463	patient acquisition, and development needs of Memorial Hospital
464	of Sarasota.
465	(18) In addition to any investment authorized by general
466	law, and to the extent permitted by the constitution of this
467	state, to invest any funds in its control or possession in the
468	following:
469	(a) Bankers' acceptances which are drawn upon and accepted
470	by a commercial bank which is a member bank of the Federal
471	Reserve System maintaining capital accounts in excess of 7.5
472	percent of total assets, and which member bank or its holding
473	company carries a credit rating in one of the two highest
474	alphabetical categories from at least two nationally recognized
475	debt rating agencies.
476	(b) Commercial paper of prime quality rated by at least two
477	nationally recognized debt rating agencies in the highest letter
478	and numerical rating of each agency. If not so rated, such prime
479	quality commercial paper may be purchased if secured by a letter
480	of credit provided by a commercial bank, which bank or its
481	holding company carries a credit rating in one of the two highest
482	alphabetical categories from at least two nationally recognized
483	debt rating agencies.
484	(c) Interest-bearing bonds, debentures, and other such
485	evidence of indebtedness with a fixed maturity of any domestic
486	corporation within the United States which is listed on any one
487	or more of the recognized national stock exchanges in the United
488	States and conforms with the periodic reporting requirements
489	under the Securities Exchange Act of 1934. Such obligation shall
490	either carry ratings in one of the two highest classifications of
491	at least two nationally recognized debt rating agencies or be
492	secured by a letter of credit provided by a commercial bank,
493	which bank or its holding company carries a credit rating in one
494	of the two highest alphabetical categories from at least two
495	nationally recognized debt rating agencies.
496	(d) Negotiable direct obligations of, or obligations the
497	principal and interest of which are unconditionally guaranteed
498	by, the United States Government at the then prevailing market
499	price for such securities; and obligations of the Federal Farm
500	Credit Banks, Federal Home Loan Mortgage Corporation, or Federal
501	Home Loan Bank or its district banks, including Federal Home Loan
502	Mortgage Corporation participation certificates, or obligations
503	guaranteed by the Government National Mortgage Association, or
504	obligations of such Federal Agencies and Government Sponsored
505	Enterprises which are qualified for purchase under paragraph (f);
506	which are purchased and sold under repurchase agreements and
507	reverse repurchase agreements. Repurchase agreements and reverse
508	repurchase agreements may be entered into only with a member bank
509	of the Federal Reserve System or primary dealer in U.S.
510	Government Securities, which member bank or primary dealer must
511	have $100 million in capital. Securities purchased or
512	repurchased by the Hospital Board shall be delivered to the
513	Hospital Board or its agent versus payment.
514	(e) Purchase of options so as to engage in bona fide
515	hedging activities for the purpose of protecting the asset value
516	of the underlying portfolio, provided the instruments for such
517	purpose are traded on a securities exchange or board of trade
518	regulated by the Securities Exchange Commission or the Commodity
519	Futures Trading Commission.
520	(f) Negotiable direct obligations of Federal Agencies or
521	Government Sponsored Enterprises (GSE) which meet each of the
522	following criteria:
523	1. seq level4 \h \r0 seq level5 \h \r0 seq level6 \h \r0 An agency or GSE with at least $10 billion in
524	outstanding debt.
525	2. A rating of at least an AA by a nationally recognized
526	securities rating agency.
527	3. A selling group of at least three nationally recognized
528	securities dealers.
529	4. Chartered by or pursuant to an Act of Congress.
530	5. Bonds issued under authority of, or pursuant to, an Act
531	of Congress.
532	6. Accepted as security for fiduciary, trust, and public
533	funds under control of the United States Government.
534	7. Eligible as collateral for Federal Reserve Bank discount
535	window transactions.
536	8. Eligible as collateral for Treasury Tax and Loan
537	accounts.
538	9. Eligible for National Bank purchase without regard to
539	statutory limitations and restrictions generally applicable to
540	investment securities.
541	10. Authority to borrow from the United States Treasury.
542	(19) In addition to other power and authority conferred by
543	this act or by general law, the Hospital Board is vested with the
544	following powers for issuance of revenue bonds of the District:
545	(a) The Hospital Board is hereby authorized to provide by
546	resolution at one time or from time to time for the issuance of
547	revenue bonds of the District for the purpose of paying all or a
548	part of the cost of acquisition, construction, planning,
549	leasing, repairing, extensions to, additions, equipping, and
550	reconstruction of any hospital buildings and facilities of the
551	District. The bonds of each issue shall be dated, shall bear
552	interest at such rate or rates not exceeding 7 percent per
553	annum, shall mature at such time or times, not exceeding 40
554	years from their date or dates, as may be determined by the
555	Hospital Board, and may be made redeemable before maturity, at
556	the option of the Hospital Board, at such price or prices and
557	under such terms and conditions as may be fixed by the Hospital
558	Board prior to the issuance of the bonds. The Hospital Board
559	shall determine the form of the bonds, including any interest
560	coupons to be attached thereto, and the manner of execution of
561	the bonds and coupons, and shall fix the denominations of the
562	bonds and the place or places of payment of principal and
563	interest, which may be at any bank or trust company within or
564	without the state. In case any officer whose signature or a
565	facsimile of whose signature shall appear on any bonds or
566	coupons shall cease to be such officer before the delivery of
567	such bonds, such signature or such facsimile shall nevertheless
568	be valid and sufficient for all purposes the same as if he or
569	she had remained in office until such delivery. All bonds
570	issued under the provisions of this act shall have and are
571	hereby declared to have all the qualities and incidents of
572	negotiable instruments under the negotiable instruments laws of
573	the state. The bonds may be issued in coupon or in registered
574	form, or both, as the Hospital Board may determine, and
575	provisions may be made for the registration of any coupon bonds
576	as to the principal alone and also as to both principal and
577	interest, and for the reconversion into coupon bonds of any
578	bonds registered as to both principal and interest. The issuance
579	of such bonds shall not be subject to any limitations or
580	conditions contained in any other law, and the Hospital Board
581	may sell bonds in such manner at public or private sale and for
582	such price as it may determine to be for the best interest of
583	the Hospital Board, but no such sale shall be made at a price so
584	low as to require the payment of interest on the money received
585	therefor at more than 7 percent per annum, computed with
586	relation to the absolute maturity of the bonds in accordance
587	with standard tables of bond values, excluding, however, from
588	such computations the amount of any premium to be paid on
589	redemption of any bonds prior to maturity. Prior to the
590	preparation of definitive bonds, the Hospital Board may, under
591	like restrictions, issue interim receipts or temporary bonds
592	with or without coupons, exchangeable for definitive bonds when
593	such bonds have been executed and are available for delivery.
594	The Hospital Board may also provide for the replacement of any
595	bonds which shall be mutilated, destroyed, or lost.
596	(b) Bonds may be issued under the provisions of this act
597	without obtaining the consent of any commission, board, bureau,
598	or agency of the state or county and without any other
599	proceedings or the happening of any other condition or thing than
600	those proceedings, conditions, or things which are specifically
601	required by this act.
602	(c) No approval of the issuance of the revenue bonds herein
603	authorized at an election of the freeholders who are qualified
604	electors residing in the District shall be necessary unless such
605	election is required by the Constitution of the State of Florida;
606	then, and only in such event, such election shall be called,
607	noticed, and conducted and the results thereof determined and
608	declared as may be required by the general laws of the state.
609	(d) The proceeds of the bonds shall be used solely for the
610	payment of the cost of the hospital facilities for which such
611	bonds shall have been authorized and shall be disbursed in the
612	manner provided in the resolution or in the trust agreement
613	authorizing the issuance of such bonds. If the proceeds of the
614	bonds of any issue shall exceed the amount required for the
615	purpose for which the same shall have been issued, the surplus
616	shall be set aside and used only for the payment of the cost of
617	additional hospital facilities or shall be deposited in the
618	sinking fund for such bonds. In the event that the actual cost
619	of the hospital facilities exceeds the estimated cost, the
620	Hospital Board may issue additional bonds to cover the
621	deficiency, subject to the same restrictions as required for the
622	original issue.
623	(e) The Hospital Board is authorized and empowered to fix,
624	charge, and collect rates, fees, and charges for the use of and
625	for the services furnished or to be furnished by any hospital
626	facilities under the supervision, operation, and control of the
627	Hospital Board in amounts sufficient, with any other funds
628	legally available therefor, first to pay the principal of and the
629	interest on any revenue bonds issued under the provisions of this
630	act, including reserves therefor, and second to pay the cost of
631	operating and maintaining such hospital facilities.
632	(f) Revenue bonds issued under the provisions of this act
633	may be payable from the revenues derived from the operation of
634	any hospital facility or combination of hospital facilities of
635	the District under the supervision, operation, and control of the
636	Hospital Board and from any other funds legally available
637	therefor. The issuance of such revenue bonds shall not directly,
638	indirectly, or contingently obligate the state, Sarasota County,
639	the Hospital Board, or the District to levy any ad valorem taxes
640	or to make any appropriations for their payment or for the
641	operation and maintenance of the hospital facilities of the
642	District.
643	(g) The Hospital Board shall not convey or mortgage any
644	hospital facility or any part thereof as security for the payment
645	of the revenue bonds.
646	(h) In the discretion of the Hospital Board, each or any
647	issue of such revenue bonds may be secured by a trust agreement
648	by and between the Hospital Board and a corporate trustee, which
649	may be any trust company or bank having the powers of a trust
650	company within or without the state. Such trust agreement may
651	pledge or assign the revenues to be received by the Hospital
652	Board. The resolution providing for the issuance of revenue
653	bonds or such trust agreement may contain such provisions for
654	protecting and enforcing the rights and remedies of the
655	bondholders as may be reasonable, proper, and not in violation of
656	law, including covenants setting forth the duties of the Hospital
657	Board in relation to the acquisition, construction, improvement,
658	maintenance, operation, repair, equipping, and insurance of the
659	hospital facilities, and the custody, safeguarding, and
660	application of all moneys. It shall be lawful for any bank or
661	trust company incorporated under the laws of this state to act as
662	such depository and to furnish such indemnifying bonds or to
663	pledge such securities as may be required by the Hospital Board.
664	Such resolution or such trust agreement may restrict the
665	individual right of action by bondholders as is customary in
666	trust agreements securing similar securities. In addition to the
667	foregoing, such resolution or such trust agreement may contain
668	such other provisions as the Hospital Board may deem reasonable
669	and proper for the security of the bondholders. Except as in
670	this act otherwise provided, the Hospital Board may provide, by
671	resolution or by trust agreement, for the payment of the proceeds
672	of the sale of the revenue bonds and the revenues of the
673	facilities to such officer, board, or depository as it may
674	determine for the custody thereof, and for the method of
675	disbursement thereof, with such safeguards and restrictions as it
676	may determine. All expenses incurred in carrying out such trust
677	agreement may be treated as a part of the cost of operation of
678	the facilities affected by such trust agreement.
679	(i) The resolution or trust agreement providing for the
680	issuance of the revenue bonds may also contain such limitations
681	upon the issuance of additional revenue bonds as the Hospital
682	Board may deem proper, and such additional bonds shall be issued
683	under such restrictions or limitations as may be prescribed by
684	such resolution or trust agreement.
685	(j) The Hospital Board is hereby authorized to provide by
686	resolution for the issuance of refunding revenue bonds for the
687	purpose of refunding any revenue bonds, respectively, then
688	outstanding and issued under the provisions of this act. The
689	Hospital Board is further authorized to provide by resolution for
690	the issuance of revenue bonds for the combined purpose of paying
691	the cost of any acquisition, construction, planning, leasing,
692	extension to, addition, improving, equipping, or reconstruction
693	of a facility or facilities of the District and refunding revenue
694	bonds of the District which shall theretofore have been issued
695	under the provisions of this act and shall then be outstanding.
696	The issuance of such bonds, the maturities and other details
697	thereof, the right and remedies of the holders thereof, and the
698	rights, powers, privileges, duties, and obligations of the
699	District with respect to the same shall be governed by the
700	foregoing provisions of this act insofar as the same may be
701	applicable.
702	Section 9. seq level1 \h \r0 seq level2 \h \r0 seq level3 \h \r0 seq level4 \h \r0 If the Hospital Board and the owners of the
703	property desired by said Hospital Board for hospital purposes
704	cannot agree as to the price to be paid therefor, said Hospital
705	Board is empowered to bring condemnation proceedings against said
706	property for the purpose of condemning said property for public
707	hospital purposes, and said Hospital Board is hereby authorized
708	and empowered to employ an attorney or attorneys to prosecute
709	said condemnation proceedings. The said Hospital Board is hereby
710	given and granted the same powers as the counties of this state
711	so far as condemnation of property is concerned and the same
712	procedure shall be followed. The right of eminent domain hereby
713	granted shall be exercised in accordance with the provisions of
714	chapter 74, Florida Statutes, in the same manner as therein
715	provided for the acquiring of right-of-way for the state highway
716	system and to take title to lands in fee simple absolute or such
717	lesser estate as may be specified in the declaration of taking,
718	upon the deposit of such sum as the court shall determine will
719	fully secure and fully compensate the persons lawfully entitled
720	to compensation.
721	Section 10. Any hospital established under this act shall
722	be for the benefit of the inhabitants of said territory, but said
723	hospital may extend the privileges and use of said hospital for
724	persons residing outside of said District, upon such terms and
725	conditions as the Hospital Board may from time to time by its
726	rules and regulations prescribe. Every such person or inhabitant
727	who is not a pauper shall pay said Hospital Board a reasonable
728	compensation for occupancy, nursing, care, medicine, and
729	attendance according to the rules and regulations prescribed by
730	said Hospital Board. Each municipal corporation situated within
731	the District shall be liable to said Hospital Board for
732	occupancy, nursing, care, medicine, and attendance for prisoners
733	in the custody of any such municipal corporation who are admitted
734	to any hospital operated by said Hospital Board. Said hospital
735	always shall be subject to such rules as such Hospital Board may
736	adopt from time to time in order for said hospital to render the
737	greatest benefit to the greatest number, and said Hospital Board
738	may exclude from treatment and care any indigent or paying case
739	having a communicable or contagious disease when such disease may
740	be a detriment to the best interests of such hospital or a source
741	of contagion or infection to the patients in its care, unless a
742	separate building or ward has been established for the special
743	treatment and care of patients having communicable or contagious
744	diseases and it can properly and with safety to the other
745	patients retain such communicable cases in such separate building
746	or ward.
747	Section 11. When such hospital or hospitals are
748	established, the physicians, nurses, attendants, the persons sick
749	therein, and all other persons approaching or coming within the
750	limits of same, and all furniture or other articles used or
751	brought there, shall be subject to such rules and regulations as
752	said Hospital Board may prescribe.
753	Section 12. The Hospital Board shall organize a staff of
754	physicians and dentists, and the Hospital Board is authorized to
755	give, grant, or revoke staff membership and privileges of the
756	medical staff members for practice in the hospital or hospitals
757	maintained under this act so that the welfare and health of
758	patients and the best interests of the hospital may, at all
759	times, be best served. Membership on the medical staff of the
760	hospital or hospitals owned by the Hospital Board shall be
761	restricted to persons with the following qualifications:
762	(1) Graduates of:
763	(a) Recognized medical schools approved and accredited by
764	the American Medical Association;
765	(b) Recognized dental schools approved and accredited by
766	the American Dental Association;
767	(c) An accredited college of osteopathy who have
768	successfully completed an internship or residency for at least 1
769	academic year of supervised clinical training in a hospital
770	affiliated with a medical school approved by the Council of
771	Medical Education of the American Medical Association, or who
772	have successfully completed any equivalent program established by
773	or relating to the American Osteopathic Association; or
774	(d) A foreign medical school who meet the qualifications
775	for licensure prescribed by section 458.311 or section 458.313,
776	Florida Statutes; and
777	(2) seq level5 \h \r0 Who are legally licensed to practice medicine,
778	osteopathy, or dentistry in the State of Florida and who are
779	qualified for membership in the Sarasota County Medical Society
780	or the Sarasota County Dental Society, and who are regularly
781	practicing physicians or dentists in the territory in which that
782	hospital or hospitals are located, and who are competent to
783	perform the work required of physicians or dentists with similar
784	privileges on the hospital staff.
785	The term "physician," as used herein, includes only
786	physicians licensed to practice medicine under the Florida
787	Medical Practice Act, chapter 458, Florida Statutes, and
788	physicians licensed to practice osteopathic medicine under
789	chapter 459, Florida Statutes.
790	Medical staff membership or professional privileges shall
791	not be denied to any applicant solely because the applicant is
792	licensed as a doctor of medicine under chapter 458, Florida
793	Statutes, as a doctor of osteopathy under chapter 459, Florida
794	Statutes, nor shall professional privileges be denied to an
795	applicant solely because the applicant is licensed as a doctor of
796	podiatry under chapter 461, Florida Statutes.
797	Any patient shall have the right to employ at his or her
798	expense his or her own physician or dentist, provided such
799	physician or dentist shall have been accorded privileges in the
800	hospital. A physician or dentist, when employed by the patient,
801	shall have exclusive charge of the care and treatment of such
802	patient, subject always to such general rules and regulations as
803	shall be established by the Hospital Board under the provisions
804	of this act. It shall be the duty of the medical staff to
805	organize in the manner prescribed by the said Hospital Board.
806	The Hospital Board is further authorized and empowered to
807	set up rules and regulations for the control of all professional
808	and nonprofessional employees of the hospital, which terms shall
809	include nurses on general duty or on private duty attending
810	patients, and all parties in the hospital, either as employees or
811	in any manner in attendance of patients.
812	Section 13. seq level1 \h \r0 seq level2 \h \r0 seq level3 \h \r0 seq level4 \h \r0 The millage necessary for the maintenance of
813	said Hospital District shall not exceed a maximum of 2 mills per
814	annum. The millage necessary to pay the interest and provide a
815	sinking fund on bonded indebtedness shall be levied separately
816	from the millage necessary for maintenance of the hospital or
817	hospitals to be constructed or purchased under the provisions of
818	this act, and the Board of County Commissioners of Sarasota
819	County shall make said levy pursuant to the provisions of section
820	14 of this act.
821	Section 14. (1) The County Property Appraiser of Sarasota
822	County, immediately after said Hospital Board shall have been
823	appointed, shall report in writing to said Hospital Board the
824	assessed valuation on all taxable property within the limits of
825	said District as assessed valuation for taxation by said Hospital
826	Board, and said report shall be made by said Property Appraiser
827	each year thereafter immediately after the tax assessment of said
828	District for that year shall have been reviewed and equalized by
829	the Board of County Commissioners of Sarasota County. Said
830	Hospital Board shall present each year, determined by resolution,
831	the total amount to be raised by taxation upon said taxable
832	property located within said hospital district for such year.
833	The amount necessary to pay the interest for sinking fund or
834	bonded or other secured indebtedness, and the amount necessary
835	for the operation, maintenance, repair, alteration, and addition,
836	shall be stated separately. Said Hospital Board shall thereupon
837	determine the rate of taxation which, when levied upon the
838	assessed valuations of all taxable property within said District,
839	will raise the sums of money theretofore determined by
840	resolutions, as the total amount to be raised for such year by
841	taxation, and shall by resolution levy and fix the rate of
842	taxation on all property in said District, the rate to be levied
843	for operation, maintenance, repair, alteration, and addition to
844	be fixed separately, and the rate for such operation,
845	maintenance, repair, alteration, and addition not to exceed 2
846	mills per annum.
847	A certified copy of said Tax Resolution, executed by the
848	chair of said Hospital Board and attested by the secretary of
849	said Hospital Board, under its corporate seal, shall be made and
850	delivered to the Board of County Commissioners of Sarasota County
851	on or before August 1 of each year, or within 15 days after
852	receipt of the tax assessment roll from the County Property
853	Appraiser. It shall be the mandatory duty of said Board of
854	County Commissioners of Sarasota County to order and direct the
855	County Property Appraiser of Sarasota County to assess and levy,
856	and to order and direct the County Tax Collector of said county
857	to collect, the tax at the rate fixed and determined by said
858	resolution of the said Hospital Board, upon all taxable property
859	located within said District, and the said levies and assessments
860	shall be included in the tax roll and warrant of said Property
861	Appraiser of said county for each fiscal year thereafter. The
862	said Tax Collector shall collect said taxes in the same manner
863	and at the same time as state and county taxes are collected and
864	shall pay and remit the same upon the collection thereof to the
865	said Hospital Board.
866	(2) In the event the millage authorized herein be reduced
867	in the year of a revaluation as provided in section 193.03,
868	Florida Statutes, 1965, then in each and every year thereafter
869	the millage to be levied may be increased (a) by not more than 10
870	percent of what it was in the preceding year, or (b) by no more
871	than that which is required for a 10-percent increase in the
872	amount which was yielded by millage levied for such Hospital
873	District in the year immediately preceding such revaluation,
874	whichever is greater, provided that nothing herein shall be
875	construed to alter the 2-mill limitation imposed by section 13
876	hereof.
877	Section 15. The Hospital Board shall have power to
878	determine whether or not persons presented to said public
879	hospital for treatment are subject to charity and shall fix
880	charges for occupancy, nursing, care, medicine, and attendance,
881	other than medical or surgical attendance, for these persons able
882	to pay for same, as the Hospital Board may deem just and proper,
883	and all receipts therefor shall be deposited to the credit of the
884	Hospital Board.
885	Section 16. Any person or persons, firms, organizations,
886	corporations, or societies desiring to make donations of money,
887	personal property, or real estate for the benefit of any hospital
888	or hospitals erected under this act shall have the right to vest
889	title of the money, personal property, or real estate so donated
890	in said Hospital Board, to be controlled when accepted by said
891	Hospital Board, according to the terms of the bequests, devises,
892	or gifts pertaining to such property.
893	Section 17. The Hospital Board shall have the right to
894	operate or participate in a nonprofit hospital service plan
895	whereby hospital care may be furnished by the said corporation or
896	by any hospital or hospitals established by said Hospital Board,
897	and said Hospital Board may agree with the subscribers to certain
898	hospital care, and said Hospital Board and those persons with
899	whom it deals on the nonprofit hospital service plan shall be
900	exempt from provisions of the insurance laws of the State of
901	Florida pertaining to insurance which may in any way conflict
902	with the hospital service plan of said Hospital Board. When a
903	contract for hospital service has been executed, the Hospital
904	Board shall be required to render the service set forth in said
905	contract and the other party to the contract shall be required to
906	fully comply with his or her parts of said agreement.
907	Section 18. The purposes for which any hospital created
908	under the provisions of this act shall be used are hereby
909	declared to be for public purposes.
910	Section 19. When this act has been adopted by the
911	Legislature and approved by the Governor, or passed without the
912	approval in accordance with the Constitution of the State of
913	Florida, it shall be the duty of the County Commissioners of
914	Sarasota County within 6 months from the date of the passage of
915	this act to call an election in the territory affected by the
916	terms of this act in Sarasota County of all the qualified
917	electors to determine whether or not the people wish to accept
918	the terms and conditions of this act. Notice of such election
919	shall be given by publishing a notice of the same in a newspaper
920	of general circulation in Sarasota County once a week for 4
921	consecutive weeks prior to said election, and such notice shall
922	set out the proposed act verbatim. The ballot submitted to the
923	qualified electors participating in said election shall state
924	this proposed act verbatim and shall provide a space and under
925	this shall state "For the Sarasota County Public Hospital Board
926	Act" and a space for a cross; following and below "Against the
927	Sarasota County Public Hospital Board Act" and a space for a
928	cross. If a majority of those participating in said election
929	shall approve the act, then the provisions hereof shall be and
930	become of full force and effect at noon on the 3rd day after such
931	election is held; otherwise this act shall be null and void. The
932	electors participating in said election shall vote in the
933	precinct in which they reside according to the registration books
934	of the Supervisor of Registration of Sarasota County.
935	Section 20. The term "mill," as used in subsection (8) of
936	section 8 of this act and as used in sections 13 and 14 of
937	chapter 26468 (1949), Laws of Florida, as amended, shall be
938	deemed to mean 1/10th part of a cent, and that the application of
939	the rate of 1 mill to each $1,000 of assessed valuation of
940	property shall yield $1.
941	Section 21. The Hospital Board shall be empowered to
942	destroy any of its records together with any of the records of
943	the hospital or hospitals owned and operated by the Hospital
944	Board, provided that such records are photographed or microfilmed
945	prior to their destruction.
946	Section 22. Sarasota County Public Hospital Board is
947	authorized to construct, maintain, operate, and lease parking
948	facilities for hospital agents, employees, patients, staff
949	members, patient guests, business invitees, and the visiting
950	public in conjunction with hospitals which are under the
951	jurisdiction of the Hospital Board upon real property which is
952	presently owned or which may be subsequently acquired by the
953	Hospital Board. The Hospital Board may enter into lease or
954	franchise agreements with private persons or corporations as
955	tenants or operators of such facilities upon such terms and for
956	such periods of time as the Board may deem appropriate. The
957	Hospital Board shall hold a public hearing, after the publication
958	of a notice of such meeting in a newspaper of general circulation
959	in Sarasota County at least one time no less than 10 nor more
960	than 25 days prior to such hearing: (1) to consider the
961	establishment of rates or fees, if any, which shall be charged to
962	motorists who utilize any such hospital parking facility and (2)
963	to consider any subsequent revisions therein which increase the
964	rates or fees which shall be charged to motorists who utilize the
965	hospital parking facility. The Hospital Board is authorized to
966	pledge the income and revenues derived from such leases and
967	franchise agreements as security for the repayment of loans
968	extended to the Hospital Board as the Hospital Board may deem
969	necessary or desirable from time to time. All real property used
970	for such hospital purposes, either by the Hospital Board or by
971	its licensees and franchisees, shall be exempt from ad valorem
972	taxes of Sarasota County and of any municipality in which such
973	real estate may be located.
974	Section seq level0 \h \r0 seq level1 \h \r0 seq level2 \h \r0 seq level3 \h \r0 seq level4 \h \r0 seq level5 \h \r0 seq level6 \h \r0 seq level7 \h \r0 23. The Tax Collector of Sarasota County shall
975	issue a special beverage license authorizing the Hospital Board
976	to sell intoxicating beverages for medicinal purposes only in
977	quantities not in excess of 2 ounces per sale, provided such
978	sales are made only to inpatients of any hospital operated by the
979	Hospital Board and only upon the prescription of a duly licensed
980	physician. The special license shall authorize the Hospital
981	Board to purchase alcoholic beverages from any duly licensed
982	manufacturer or distributor of alcoholic beverages as defined in
983	chapter 561, Florida Statutes, and all such manufacturers and
984	distributors have authority to sell alcoholic beverages to the
985	Hospital Board for resale within the limitations of its special
986	license. The Hospital shall be exempt from the payment of a fee
987	for the special license, which shall be renewed annually by
988	filing with the Tax Collector a resolution by the Hospital Board
989	requesting the renewal of the license.
990	Section seq level0 \h \r0 seq level1 \h \r0 seq level2 \h \r0 seq level3 \h \r0 seq level4 \h \r0 seq level5 \h \r0 seq level6 \h \r0 seq level7 \h \r0 24. Every individual, partnership, firm,
991	association, corporation, institution, governmental district, or
992	other governmental unit, and every combination of any of the
993	foregoing, operating a hospital or hospitals in the County of
994	Sarasota shall be entitled to and is hereby given a lien as
995	herein provided for all reasonable charges for hospital care,
996	treatment, and maintenance of ill or injured persons and the
997	charges for test, laboratory work, X rays, drugs, and other items
998	incident to such care and treatment supplied by or charged to the
999	hospital for the benefit of such ill or injured persons, the
1000	total or unpaid part of which is hereafter called hospital bill,
1001	which lien shall be and is hereby declared upon all causes of
1002	action, suits, claims, counterclaims, and demands accruing to the
1003	person or persons to or for whom such care, treatment, or
1004	maintenance is furnished, or accruing to the legal
1005	representatives of such persons or to the person or persons
1006	incurring or liable for the hospital bill, and such lien is also
1007	hereby given upon the amounts due or payable under
1008	hospitalization insurance, hospital or medical expenses due and
1009	payable under public liability policies, or other indemnity, and
1010	upon all judgments, settlements, and settlement agreements and
1011	the sums payable thereunder rendered or entered into by virtue
1012	thereof, on account of illness or injuries giving rise to such
1013	causes of action, suits, claims, counterclaims, demands,
1014	judgments, settlements, or settlement agreements and which
1015	necessitated or shall have necessitated or have directly
1016	contributed to the necessity for such hospital care, treatment,
1017	and maintenance, and upon proceeds of such insurance or indemnity
1018	agreements as above specified, whether the illness or injury be
1019	the result of tort or otherwise. The term "hospital care," as
1020	used in this section, shall be broadly construed to include all
1021	hospital and nonhospital health care services and related
1022	activities which are rendered through any hospital or other
1023	health care facility owned or operated by the Hospital Board or
1024	its subsidiaries or affiliates or nonaffiliated, not-for-profit
1025	corporations.
1026	(1) In order to perfect such lien, an executive officer,
1027	controller, or agent of a hospital, before or within 30 days
1028	after such person shall have been discharged from such hospital,
1029	shall file in the office of the Clerk of the Circuit Court of
1030	Sarasota County a verified claim in writing setting forth the
1031	following: (a) the name and address of such patient, as it shall
1032	appear on the records of such hospital, and if the patient is a
1033	minor, it shall contain the name of the parents or guardian of
1034	such minor patient, (b) the name and location of such hospital,
1035	(c) the dates of admission to and discharge of such patient
1036	therefrom, (d) the amount claimed to be due for such hospital
1037	care, treatment, and maintenance, and (e) to the best knowledge
1038	of the person signing such claim, the names and addresses, if the
1039	same be known, of all persons, firms, or corporations claimed by
1040	such ill or injured person or his or her legal representative to
1041	be liable on hospital or other indemnity insurance if known to
1042	claimant; such claimant shall also, within 1 day after the filing
1043	of such claim of lien, mail a copy thereof by registered or
1044	certified mail with return receipt requested, postage prepaid, to
1045	each person, firm, or corporation so claimed to be liable on
1046	account of such illness or injuries at the address so given in
1047	such statement filed by the hospital claimant. The filing of
1048	such claim shall constitute notice thereof to all persons, firms,
1049	or corporations who may be liable on account of such illness or
1050	injuries, whether or not they are named in such claim, and
1051	whether or not a copy of such claim shall have been received by
1052	them. Such statement shall not constitute a lien upon anything
1053	other than causes of action, suits, claims, counterclaims,
1054	demands, and insurance and indemnity proceeds specified in this
1055	section, and this is not a general lien upon the property of the
1056	persons named in such statement.
1057	(2) The clerk of the circuit court shall endorse on each
1058	such claim the date and hour of filing in the official records of
1059	Sarasota County or may provide a hospital lien book with proper
1060	index in which he or she shall record such claims, and shall show
1061	therein the date and hour of such filing. The clerk shall be
1062	paid by the claimant, as his or her fee for filing and recording
1063	of each claim, the same amount he or she is authorized to charge
1064	for recording mortgages.
1065	(3) The clerk shall record any satisfaction which is
1066	executed and acknowledged under oath by the lien claimant, or its
1067	executive officer, comptroller, or agent, in the official records
1068	of Sarasota County at the same filing fees which are required by
1069	the clerk for recording satisfactions of mortgages. It shall be
1070	the duty of the hospital lien claimant to furnish the patient
1071	with a properly executed satisfaction upon payment or discharge
1072	of the lien.
1073	(4) No release or satisfaction of any action, suit, claim,
1074	counterclaim, demand, judgment, settlement, or settlement
1075	agreement shall be valid or effectual as against such lien unless
1076	such lienholder shall join therein or execute a release of such
1077	lien.
1078	(5) Any acceptance of a release or satisfaction of any such
1079	cause of action, suit, claim, counterclaim, demand, or judgment
1080	and any settlement of any of the foregoing in the absence of a
1081	release or satisfaction of the lien referred to in this act shall
1082	prima facie constitute an impairment of such lien, and the
1083	lienholder shall be entitled to an action at law for damages on
1084	account of such impairment, and in such action may recover from
1085	the one accepting such release or satisfaction or making such
1086	settlement the reasonable cost of such hospital care, treatment,
1087	and maintenance. Satisfaction of any judgment rendered in favor
1088	of the lienholder in any such action shall operate as a
1089	satisfaction of the lien. Any action by the lienholder shall be
1090	brought in the court having jurisdiction of the amount of the
1091	lienholder's claim. If the lienholder shall prevail in such
1092	action, the lienholder shall be entitled to recover from the
1093	defendant all costs allowed by law, together with reasonable
1094	attorney's fees to the lienholder's attorney for handling the
1095	action. If the plaintiff or counterclaimant shall have employed
1096	an attorney for the collection of the claims or damages,
1097	including the hospital expenses, on account of or resulting from
1098	the illness or injury of said plaintiff or counterclaimant or on
1099	account of or resulting from the illness, injury, or death of a
1100	deceased patient, the court costs shall first be paid and the
1101	attorney representing such plaintiff or counterclaimant shall
1102	receive his or her fees or compensation out of the judgment or
1103	settlement proceeds and the hospital lien provided for in this
1104	act shall next be fully paid to the hospital, and the balance of
1105	the proceeds of any such settlement or judgment, if any, shall
1106	then be paid to the plaintiff or counterclaimant.
1107	(6) Upon suit being filed by the patient or on the
1108	patient's behalf, the owner or operator of the hospital, as the
1109	case may be, may also file in the suit a notice of nonpayment of
1110	hospital bill, which said notice shall be recorded and the same
1111	shall constitute a lien upon any judgment recovered or settlement
1112	made to the extent that the court may determine the hospital's
1113	pro rata share for unpaid hospital bill, based upon such
1114	equitable distribution of the amount recovered as the court may
1115	determine, less its pro rata share of all court costs expended by
1116	the plaintiff in the prosecution of the suit and less the
1117	reasonable attorney's fees for the plaintiff's attorney, such
1118	proration to be made by the judge of the trial court upon
1119	application therefor and notice to the adverse party. Such
1120	notice shall be served upon all parties to the suit, and their
1121	attorneys of record, by registered or certified mail.
1122	(7) If the hospital has given such written notice of its
1123	lien and rights against an alleged tortfeasor, a party to said
1124	suit, and thereafter settlement of any such claim or action at
1125	law is made either before or after suit is filed and the parties
1126	fail to agree on the proportion to be paid to each, the court in
1127	which the action is pending shall determine the amount to be paid
1128	to the hospital in accordance with the provisions of this law.
1129	(8) The provisions of this act shall not be applicable to
1130	accidents or injuries within the purview of the Workers'
1131	Compensation Act of this state.
1132	(9) No hospital lien provided by this act shall continue
1133	for a longer period than 5 years after the claim of lien provided
1134	for under subsections (2) and (3) has been filed, unless within
1135	that time an action has been commenced in a court of competent
1136	jurisdiction by or on behalf of the person to whom the hospital
1137	care, treatment, or maintenance was rendered to collect on
1138	account or for the illness or injuries necessitating such
1139	hospitalization; and in the event that any such action has been
1140	commenced within such 5-year period, then such hospital lien
1141	shall continue, unless otherwise satisfied, for the duration of
1142	any judgment entered in favor of the party claiming damages for
1143	the hospital care, treatment, or maintenance, and shall attach to
1144	any settlement proceeds made pendente lite and shall continue for
1145	3 years after the date of any such settlement pendente lite.
1146	(10) The acceptance of hospital care shall be deemed and
1147	construed as a determination that hospitalization insurance was
1148	taken out for the benefit of the hospital and as an equitable
1149	assignment of the proceeds to the hospital. Unless the policy or
1150	policies are endorsed or assigned to the hospital, the hospital
1151	may write or stamp upon every statement rendered that it claims a
1152	lien upon the proceeds of all hospitalization insurance, and such
1153	legend shall be notice to any corporation into whose possession
1154	the statement comes that the hospital has a lien. In this event,
1155	payment to policyholder without settlement direct to the hospital
1156	by the insurance company will make the insurance company liable
1157	to the hospital for the amount of the bill or so much thereof as
1158	the policy indemnifies.
1159	Section 25. Notwithstanding any other provisions of law,
1160	all operations of the hospital established under the provisions
1161	of chapter 26468 (1949), Laws of Florida, shall remain under the
1162	direct control and administration of the Hospital Board
1163	established by referendum pursuant to section 21 of said chapter.
1164	The Hospital Board shall not take any action which would result
1165	in the termination of such direct control and administration
1166	unless such action is approved by the electors of Sarasota County
1167	at a referendum called for that purpose; however, for purposes of
1168	this section, the term "operations of the hospital" does not
1169	include:
1170	seq level0 \h \r0 seq level1 \h \r0 seq level2 \h \r0 seq level3 \h \r0 seq level4 \h \r0 seq level5 \h \r0 seq level6 \h \r0 seq level7 \h \r0 (1) The operation of nonhospital health care services or
1171	related activities, which services or activities may be
1172	controlled and administered by subsidiaries or affiliates of the
1173	Hospital Board or nonaffiliated, not-for-profit corporations
1174	operating primarily within the territory of the Hospital Board;
1175	or
1176	(2) The operation and provision of hospital services
1177	through any form of shared service arrangement approved by
1178	resolution of the said Hospital Board adopted in public session
1179	and wherein the Hospital Board shall be represented by two or
1180	more Hospital Board members on the governing body of such entity.
1181	Section 26. In order to secure and promote the provision of
1182	quality medical services to the public, the authority provided
1183	for herein is found by the Legislature to be within the public
1184	policy of this state. The Hospital Board is authorized to
1185	exercise all the powers granted in this act, and those granted in
1186	the Hospital Board's enabling legislation, as amended, in such
1187	manner as it may determine to be consistent with the purposes of
1188	such enabling legislation.
1189	Section 4. Chapter 26468 (1949), Laws of Florida, which
1190	was approved by Sarasota County electors in referendum held on
1191	January 10, 1950, is hereby repealed except that, in order not
1192	to abrogate the ad valorem taxing power which vested in the
1193	Sarasota County Public Hospital Board under such act and
1194	referendum, the provisions of sections 14 and 15 of such act,
1195	which granted taxing authority to the Hospital Board, are not
1196	repealed and are preserved. Chapters 27888 (1951), 31262
1197	(1955), 57-1838, 59-1839, 61-2807, 61-2855, 61-2868, 63-1893,
1198	63-1895, 63-1896, 63-1913, 65-2226, 65-2227, 65-2232, 67-2047,
1199	69-1583, 69-1593, 71-907, 83-525, 84-530, 85-501, 86-373, 87-
1200	526, 88-534, 90-411, 90-422, 95-507, and 2000-400, Laws of
1201	Florida, are repealed. Chapter 69-1583, Laws of Florida, which
1202	was approved by Sarasota County electors in referendum conducted
1203	pursuant to such act on November 4, 1969, is reenacted, except
1204	for requirements of referendum to approve the act, and all
1205	actions heretofore taken by the Sarasota County Public Hospital
1206	District and the Sarasota County Public Hospital Board pursuant
1207	to the authority and powers conferred by chapter 69-1583, Laws
1208	of Florida, are ratified and confirmed.
1209	Section 5. If any section, paragraph, sentence, clause,
1210	phrase, or other part of this act shall be declared
1211	unconstitutional, or if this act should be declared unapplicable
1212	in any case, such declaration shall not affect the remainder of
1213	this act or the applicability thereof in any other case.
1214	Section 6. This act shall be construed as remedial and
1215	shall be liberally construed to promote the purpose for which it
1216	is intended.
1217	Section 7. This act shall take effect upon becoming a law.