HB 1219 2003
1	A bill to be entitled
2	An act relating to the North Brevard County Hospital
3	District, a special taxing district in Brevard County;
4	codifying, reenacting, and amending the district’s
5	charter; providing purpose; providing boundaries;
6	establishing the North Broward County Hospital District
7	Board; providing for membership, procedures, terms of
8	office, removal from office, and filling of vacancies;
9	providing for election of officers of the board; providing
10	for a depository of board funds; authorizing the issuance
11	of bonds; authorizing the establishment, construction,
12	equipping, operation, maintenance, repair, or lease of
13	facilities; providing for ad valorem taxation; authorizing
14	contracts; providing for a training school for nurses;
15	providing for public records; empowering the board to
16	adopt rules and regulations; designating the Parrish
17	Medical Center; providing for purchase of equipment;
18	providing for discharge of employees or agents; providing
19	for an employee retirement program; providing for use of
20	moneys received; providing for transfer of residual assets
21	in the event of dissolution of the district; providing for
22	the sale of hospital facilities under certain
23	circumstances; providing for lease of certain properties
24	to third parties under certain circumstances; providing
25	for disposition of surplus property; authorizing the board
26	to establish a not-for-profit support corporation;
27	providing for expenditure of funds therefor; providing for
28	public records and meetings; providing exceptions;
29	requiring an annual financial report; providing for
30	adoption of provisions relating to the support
31	corporation; providing for directors of the support
32	corporation; providing for terms and financial disclosure;
33	prohibiting certain acts of the support corporation;
34	providing for adoption of articles of incorporation;
35	providing for distribution of assets; prohibiting certain
36	use of funds of the district; providing severability;
37	providing for conflict; providing construction; repealing
38	chapters 28924 (1953), 61-1910, 63-1140, 69-870, 70-606,
39	72-478, 73-409, 77-503, 81-347, 87-435, 88-453, 90-489,
40	91-339, 92-226, and 95-502, Laws of Florida; providing an
41	effective date.
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1. Pursuant to section 189.429, Florida Statutes,
46	this act constitutes the codification of all special acts
47	relating to the North Brevard County Hospital District. It is
48	the intent of the Legislature in enacting this law to provide a
49	single, comprehensive special act charter for the district,
50	including all current legislative authority granted to the
51	district by its several legislative enactments and any
52	additional authority granted by this act.
53	Section 2. Chapters 28924 (1953), 61-1910, 63-1140, 69-
54	870, 70-606, 72-478, 73-409, 77-503, 81-347, 87-435, 88-453, 90-
55	489, 91-339, 92-226, and 95-502, Laws of Florida, pertaining to
56	the North Brevard County Hospital District, are amended,
57	codified, reenacted, and repealed as herein provided.
58	Section 3. The charter for the North Brevard County
59	Hospital District is re-created and reenacted to read:
60	Section 1. An independent special tax district is hereby
61	created and incorporated, as a political subdivision of the
62	state, to be known as the North Brevard County Hospital District
63	in Brevard County for the purpose of establishing, constructing,
64	equipping, operating and maintaining, repairing, or leasing a
65	hospital or hospitals and the district shall embrace and include
66	that portion of Brevard County described as follows, to wit:
67
68	Commencing at the Northwest corner of Brevard County,
69	Florida, same being the Northwest corner of Section 6,
70	Township 20 South, Range 34 East; go thence East along
71	the North boundary line of the County of Brevard, same
72	being the South boundary line of Volusia County,
73	Florida, to its intersection with the waters of the
74	Atlantic Ocean; thence Southeasterly along the waters
75	of the Atlantic Ocean to the North line of Section 6,
76	Township 23 South, Range 38 East; thence West to the
77	channel of the Banana River; thence go Northwesterly
78	to the Northeast corner of Section 22, Township 22
79	South, Range 37 East, to Banana Creek; thence Westerly
80	along the channel of Banana Creek to the channel of
81	the Indian River; thence Southerly along the channel
82	of the Indian River to a point on the North line of
83	Sections 19 and 20, Township 23 South, Range 36 East,
84	projected East; thence West along the North boundary
85	line of the Section 19, Township 23 South, Range 36
86	East, and Sections 19, 20, 21, 22, 23, 24, Township 23
87	South, Range 35 East, and Section 24, Township 23
88	South, Range 34 East to the waters of the St. Johns
89	River; thence along the West boundary line of Brevard
90	County, which is also the East boundary line of Orange
91	County, Florida, to a point in Section 1, Township 22
92	South, Range 33 East; where same intersects the South
93	boundary of Volusia County; thence East along the
94	South boundary line of Volusia County, Florida, to the
95	Southwest corner of Section 31, Township 21 South,
96	Range 34 East; thence North continuing along the West
97	boundary of Brevard County, Florida, which is the East
98	boundary line of Volusia County, Florida, to point of
99	beginning."
100
101	Section 2. The governing body authority of the district
102	shall be known as the North Brevard County Hospital District
103	Board. The board shall constitute a body politic and a body
104	corporate; it may adopt and use a common seal; it may contract
105	and be contracted with; and it may sue and be sued in its
106	corporate name or in the corporate name of the district.
107	The board shall be composed of nine members. The office of
108	each member shall be designated specifically by number as member
109	one through nine. The office of each member shall be for a term
110	of 4 years beginning on the first day of January. Each member
111	shall serve until his or her successor is appointed by the
112	appropriate governing body as hereinafter provided. Any vacancy
113	occurring in any office of a member shall be filled by the
114	appropriate governing body in the manner provided herein for
115	regular appointments for the remainder of the unexpired term of
116	office. All board members shall reside within the boundaries of
117	the district.
118	Board members one, two, and three shall be appointed by the
119	City Council of the City of Titusville.
120	Board members four, five, and seven shall be appointed by
121	the Board of County Commissioners of Brevard County.
122	Board members six, eight, and nine shall be appointed by
123	the Board of County Commissioners of Brevard County subject to
124	confirmation by the City Council of the City of Titusville.
125	In the event any board member ceases to reside within the
126	boundaries of the district, the office of such member shall be
127	deemed vacant as of the date of such change in residence.
128	Any board member may be removed from office in the event a
129	request for removal for violation of policies and procedures
130	established by the board is approved by two-thirds of the
131	membership of the board and in the event the majority of the
132	governing body responsible for appointing such member approves
133	of such removal without the necessity of any requirement of
134	advice and consent as provided herein for an appointment.
135	Section 3. The members of the board shall elect from their
136	number a chair, vice chair, secretary, and treasurer, who shall
137	each hold office for a period of not less than 1 year. The
138	chair, vice chair, secretary, and treasurer shall each execute a
139	bond in the amount of $2,000, endorsed by two good and
140	sufficient sureties or a surety company authorized under the
141	laws of the state, payable to the district board conditioned
142	upon the faithful performance of the duties of the officers,
143	which bonds shall be approved by the remaining members of the
144	board and which shall be filed with the board of county
145	commissioners. The premium of the bonds shall be paid by the
146	board.
147	Section 4. The board shall designate a depository for the
148	funds of the board, and the funds deposited therein shall be
149	withdrawn upon specific authorization as set forth in the
150	minutes of any board meeting. Such funds shall be withdrawn by
151	warrant signed by the chair and countersigned by the secretary,
152	or their duly authorized alternates. The board may designate
153	the administrator or business manager to sign warrants covering
154	bills for all routine items having prior board approval in the
155	current budget.
156	Section 5. Members of the board shall receive no
157	compensation for their services. A majority of the members of
158	the board then holding office shall constitute a quorum of the
159	board for the purpose of conducting its business and exercising
160	its powers and for all other purposes. Action may be taken by
161	the board only upon the affirmative vote of a majority of the
162	members of the board then holding office and present and
163	constituting a quorum; provided, however, that any resolution
164	authorizing the issuance of bonds, notes, or other obligations
165	shall be adopted by the affirmative vote of not less than a
166	majority of the members of the board then holding office. The
167	board is authorized to construct, equip, operate, maintain,
168	repair, or lease a hospital or hospitals in the district. The
169	hospital or hospitals so established, constructed, equipped,
170	operated, maintained, repaired, or leased will be for the
171	preservation of public health and for public good, and for the
172	use of the public of the district. The establishment,
173	construction, equipping, operation, maintenance, repairing, or
174	leasing of such hospital or hospitals within the district is
175	hereby found and declared to be a public purpose and a necessity
176	for the preservation of the public health and for the public use
177	and for the welfare of the district and the inhabitants thereof.
178	Section 6. It shall be the duty of the board, not later
179	than July 15, to determine the amount required during the
180	ensuing fiscal year for the purpose of establishing,
181	constructing, equipping, operating, maintaining, repairing, or
182	leasing of the hospital or hospitals, or for the payment of debt
183	service and reserves on bonds, notes, or other obligations
184	issued by the district, or reserves therefor, or for any one or
185	more of the above purposes. Such determination shall be by
186	resolution of the board and it shall be the duty of the chair
187	and the secretary of the board to certify to the Board of County
188	Commissioners of Brevard County the amount required, which shall
189	be provided by an ad valorem tax levied by the Board of County
190	Commissioners of Brevard County on all taxable real and personal
191	property in the district for the ensuing fiscal year for the
192	hospital fund. The Board of County Commissioners of Brevard
193	County, upon being furnished a certified copy of the resolution
194	of the board regarding the amount required for its stated
195	purposes, shall levy the necessary ad valorem taxes on all the
196	taxable real and personal property within the district to raise
197	the required amount, provided such millage shall not exceed 5
198	mills on the dollar of the assessed valuation of the taxable
199	real and personal property situated in the district in Brevard
200	County, less all such property exempt from taxation by the
201	Florida Constitution; and further provided that the board, in
202	issuing any bonds, notes, or other obligations as hereinafter
203	provided, may covenant with the holders of such bonds, notes, or
204	other obligations that such holders shall have a first lien on
205	all such ad valorem taxes levied for the payment of such bonds,
206	notes, or other obligations. The resolution of the board above
207	shall be adopted and a certified copy thereof shall be filed
208	with the Board of County Commissioners of Brevard County not
209	less than 10 days prior to the time fixed by law for the levy of
210	general county taxes.
211	Section 7. Wherever in this section the word bonds is
212	used, such word shall mean bonds, notes, or other obligations
213	issued by the district. The board shall have power to issue
214	bonds, notes, or other obligations of the district for which the
215	full faith and credit and taxing power of the district shall be
216	pledged, within the limitations herein set forth, for the
217	purpose of paying the cost or part of the cost of the
218	construction, acquisition, extension, improvement, or repairing
219	and equipping of any hospital or hospitals in the district.
220	Such bonds shall be general obligations of the district and
221	shall not be issued until the issuance thereof has been duly
222	approved by the qualified electors residing within the district
223	who are freeholders in the manner provided in the constitution
224	and statutes of the state relating to bond elections. Such bond
225	elections shall be held in the manner provided in the general
226	election laws of the state for bond elections in special tax
227	districts and shall be called to be held in the district by the
228	board of county commissioners of the county upon the request of
229	the board.
230	The board shall also have power to issue revenue bonds of
231	the district for the purpose of paying all or part of the cost
232	of the construction, acquisition, extension, improvement, or
233	repairing and equipping of a hospital or hospitals in the
234	district, and the issuance of any revenue bonds of the district
235	payable solely from the revenues of a hospital or hospitals in
236	the district, which may be a gross pledge or a net pledge of
237	such revenues as the board shall in its discretion determine.
238	Bonds issued which are payable solely from the revenues of a
239	hospital or hospitals of the district shall not be or constitute
240	an indebtedness of the district and no approval of the qualified
241	electors or the qualified electors who are freeholders of the
242	district shall be required for the issuance of such bonds
243	payable solely from the revenues of such hospital or hospitals.
244	The board may also issue bonds payable from the revenues
245	derived from a hospital or hospitals of the district, which may
246	be either a gross pledge or a net pledge of such revenues. Such
247	may be additionally secured by the full faith and credit and
248	taxing power of the district, within the limitations of and for
249	the purposes set forth above, to the full extent that the
250	revenues derived from the district’s hospital or hospitals are
251	insufficient for the payment of the principal and interest of,
252	or reserves therefor, or other payments required by the
253	proceedings authorizing the issuance of such bonds; provided,
254	however, that any bonds pledging the full faith and credit of
255	the district as additional security to the revenues derived from
256	the hospital or hospitals of the district shall also be
257	approved, prior to being issued, by the qualified electors
258	residing in the district who are freeholders in the manner
259	provided for general obligation bonds above and in the
260	constitution and statutes of the state.
261	In issuing the revenue bonds, or the combined revenue and
262	general obligation bonds, the board may enter into covenants
263	with the holders of such bonds relating to the fixing and
264	collecting of fees, rentals, or other charges for the use of the
265	services and facilities of the hospital or hospitals and the
266	maintenance of sufficient fees or other charges to pay the debt
267	service and other payments required in the proceedings
268	authorizing the issuance of such revenue bonds or combined
269	revenue and general obligation bonds, the board may agree to the
270	appointment of a trustee for bondholders, for a receiver of such
271	hospital or hospitals upon defaults as provided in the bond
272	proceedings. The board may provide for such other covenants,
273	terms, and conditions as are necessary and customary in revenue
274	bonds and which in the opinion of the board are necessary and
275	desirable for the security of the holders of such bonds or the
276	marketability of such bonds.
277	All bonds issued pursuant to this act, whether general
278	obligation bonds, revenue bonds, or combined revenue and general
279	obligation bonds, may be authorized by resolution or resolutions
280	of the board, which may be adopted at the same meeting at which
281	they are introduced by a majority of all the members of the board
282	then in office and need not be published or posted; provided,
283	however, that any general obligation bonds or combined revenue
284	and general obligation bonds shall be approved by the qualified
285	electors who are freeholders residing in the district. Bonds
286	shall bear interest at the maximum legal interest rate provided
287	by state law for the issue or reissue of bonds, certificates, or
288	other obligations of any type or character authorized and issued
289	by a county, municipality, district, commission, authority, or
290	any other public body or agency or political subdivision of the
291	state; may be in one or more series; may bear such date or dates;
292	may mature at such time or times not exceeding 40 years from
293	their respective dates; may be payable in such medium of payment,
294	at such place or places within or without the state; may carry
295	such registration privileges; may be subject to such terms for
296	prior redemption, with or without premium; may be executed in
297	such manner; may contain such terms, covenants, and conditions;
298	and may otherwise be in such form as such resolution or
299	subsequent resolution shall provide. Such bonds may be sold or
300	exchanged for refunding bonds, or delivered to contractors in
301	payment for any part of the properties acquired or improvements
302	financed by such bonds, or delivered and exchanged for any
303	properties, either real, personal, or mixed, to be acquired in
304	connection with such hospital or hospitals, all at one time or in
305	blocks from time to time, in such manner as the board in its
306	discretion shall determine, and at such price or prices, computed
307	according to standard tables of bond values, as will yield to the
308	purchaser, or the holders of outstanding obligations surrendered
309	in exchange for refunding bonds, or the contractors paid with
310	such bonds, or the owners of any properties exchanged for such
311	bonds, income at a rate not exceeding the maximum legal interest
312	rate provided by state law for the issue or reissue of bonds,
313	certificates or any obligations of any type or character
314	authorized and issued by a county, municipality, district,
315	commission, authority, or any other public body or agency or
316	political subdivision of the state to the stated maturity dates
317	of the bonds on the moneys paid for the bonds or the principal
318	amount of outstanding obligations exchanged for refunding bonds
319	or the amount of any indebtedness to contractors paid with such
320	bonds or the value of any properties exchanged for such bonds.
321	The board may also issue refunding bonds to fund or refund
322	any bonds issued pursuant to this act or any other law, and such
323	refunding bonds shall be subject to all the applicable
324	provisions of this section; provided, however, that no approval
325	of the qualified electors who are freeholders residing in the
326	district shall be required for the issuance of such refunding
327	bonds, except in cases where such approval is required by the
328	Constitution of the State of Florida.
329	Pending the preparation of the definitive bonds, interim
330	certificates or receipts or temporary bonds in such form and
331	with such provisions as the board may determine may be issued to
332	the purchasers of the bonds issued hereunder. Such bonds or
333	interim certificates or receipts or temporary bonds shall be
334	fully negotiable and shall be and constitute negotiable
335	instruments within the meaning of and for all purposes of the
336	law of the State of Florida.
337	Section 8. The board is hereby authorized and empowered to
338	own and acquire property by purchase, lease, gift, grant, or
339	transfer, from the county, state, or federal government or any
340	subdivision or agency thereof, any municipality, person,
341	partnership, or corporation, and to establish, construct, equip,
342	operate, maintain, repair, or lease, hospital facilities in the
343	district.
344	Section 9. The district is authorized and empowered to
345	contract with individuals, partnerships, corporations,
346	municipalities, the county, the state, any subdivision or agency
347	thereof in the United States of America, or any subdivision or
348	agency thereof to carry out the purposes of this act, including
349	participation in the joint provision with other hospitals and
350	health care providers of all manner of inpatient and outpatient
351	facilities and health care services which provide benefit to
352	those members of the public served by the hospital or hospitals
353	of the district both within and beyond the boundaries of the
354	North Brevard County Hospital District and to the extent such
355	participation is consistent with all restrictions contained in
356	the constitution and general laws of the state.
357	Section 10. The board is hereby authorized and empowered,
358	at any time, in its discretion, to establish and maintain, in
359	connection with the district’s hospital or hospitals, and as a
360	part thereof, a training school for nurses and, upon completion
361	of a prescribed course of training, shall give to such nurses who
362	have satisfactorily completed such training, a diploma. The
363	board is also authorized and empowered to set up all rules and
364	regulations necessary for the operation of such nurses’ training
365	school, and to make all necessary expenditures in connection
366	therewith.
367	Section 11. The minutes and acts of the board shall be open
368	to public inspection at reasonable and convenient times at the
369	hospital or hospitals of the district on demand of any taxpayer
370	in the district. At least once a year the board shall cause the
371	financial records and accounts of the district’s hospital or
372	hospitals to be audited by a certified public accountant
373	authorized to practice public accounting in the state, and shall
374	turn over to the Board of County Commissioners of Brevard County
375	a copy of the audit report.
376	Section 12. The board is empowered to and shall adopt all
377	necessary rules and regulations for the operation of the
378	district’s hospital or hospitals, provide for the admission
379	thereto and treatment of such charity patients as apply therefor
380	and who are citizens of Florida and residents of Brevard County
381	for the last 2 preceding years, establish the fees and charges
382	to be made for the admission and treatment therein of other
383	patients, and to establish qualifications for the members of the
384	medical profession to be entitled to practice therein.
385	Section 13. The hospital and other medical facilities
386	owned and operated by the board within the district are hereby
387	designated and named the Parrish Medical Center and the prior
388	action of the board in adopting this name is hereby ratified and
389	confirmed.
390	Section 14. The board shall have the power to purchase any
391	and all equipment that may be needed for the operation of the
392	district’s hospital or hospitals and shall have the power to
393	appoint and hire such agent or agents, technical experts,
394	attorneys, and all other employees as are necessary for carrying
395	out the purposes of this act and to prescribe their salaries and
396	duties. The board shall have the power to discharge all
397	employees or agents when it shall be deemed by the board
398	necessary for carrying out the purposes of this act.
399	Section 15. The board shall have the power to provide a
400	retirement program for the district's employees, including
401	establishing qualifications for coverage; paying part or all of
402	the cost of such program; contracting with any insurance company
403	licensed to do business in Florida for the establishment and
404	operation of the program; charging its covered employees for the
405	employees' share of the cost of the program; taking such other
406	action as may be necessary to establish and operate the
407	retirement program; and withdrawing by resolution of the board,
408	from the State and County Officers and Employees’ Retirement
409	System of Florida, as established by chapter 122, Florida
410	Statutes. All general, special, or local laws or parts thereof
411	inconsistent herewith, are hereby declared to be inapplicable to
412	the provisions of this act, including specifically section
413	122.061, Florida Statutes, which shall not apply and which is
414	hereby amended insofar as it prohibits the withdrawal of the
415	district and its employees from the retirement system. In the
416	event that the board shall adopt a resolution by which the
417	district and its employees shall be withdrawn from the State and
418	County Officers and Employees’ Retirement System of Florida,
419	such withdrawal shall become effective on the first day of the
420	next month following the adoption of the resolution, and the
421	board shall send a certified copy of the resolution to the
422	Secretary of Management Services. Beginning on the first day of
423	the next month following the adoption of the resolution, the
424	district shall not be required to contribute to the State and
425	County Officers and Employees’ Retirement System of Florida, and
426	its employees shall not thereafter be participants in the
427	system. Following the adoption of the resolution, each employee
428	of the district shall be entitled to a refund of 100 percent of
429	his or her contributions previously made to the state retirement
430	system, without interest, and the Department of Management
431	Services shall make such refund to each such employee upon
432	application therefor by each employee, notwithstanding any other
433	provisions of the general law relating to such refund.
434	Section 16. All revenue, profit income, and money received
435	from the conduct of the business or enterprise of the district
436	is to be used and employed in the furtherance of the business
437	for which it is organized.
438	No part of the net earnings of the district shall enure to
439	the benefit, or be distributable to, its members, trustees,
440	officers, or other private persons, except that it shall be
441	authorized and empowered to pay reasonable compensation for
442	services rendered and to make payments and distributions in
443	furtherance of its purposes as set forth in above.
444	No substantial part of the activities of the district shall
445	be carrying on propaganda or otherwise attempting to influence
446	the Legislature, and the North Brevard County Hospital District
447	shall not participate or intervene in any political campaign on
448	behalf of any candidate for public office (including the
449	publication or distribution of statements).
450	Notwithstanding any other provision of this act, the
451	district shall not carry on any other activities not permitted
452	to be carried on by:
453	(a) A corporation exempt from federal income tax under
454	Section 501(c)(3) of the Internal Revenue Code of 1986 (or any
455	other corresponding provisions of any future Internal Revenue
456	Law); or
457	(b) A corporation with respect to which contributions made
458	thereto are deductible under Section 170(c)(2) of the Internal
459	Revenue Code of 1986 (or any other corresponding provisions of
460	any future Internal Revenue Law).
461	Section 17. In the event of dissolution of the district,
462	the residual assets of the district may only be transferred to
463	one or more organizations which are exempt organizations as
464	described in Section 501(c)(3) or Section 170(c)(2) of the
465	Internal Revenue Code of 1986 (or any other corresponding
466	provisions of any future Internal Revenue Law) and which shall
467	have as their primary purpose those same health care
468	responsibilities as then performed by the district, together with
469	other public needs of the district, and shall be required to
470	provide the same annual percentage of charity care, indigent
471	care, and Medicaid care, based on gross revenues, that was
472	provided by the public hospital and reported to the Health Care
473	Cost Containment Board in its most recent reporting cycle, and
474	which shall be jointly approved by the district One (1)
475	Commissioner of the Brevard County Board of County Commissioners
476	and four-fifths vote of the City Council of the City of
477	Titusville.
478	Notwithstanding the foregoing, in no event shall the board
479	sell the hospital facilities without first receiving the approval
480	by a majority vote of the duly qualified electors who reside
481	within the district and who vote in the election. Prior to any
482	such sale, such qualified electors shall, by affirmative vote,
483	consent to such sale of the hospital facilities, which consent
484	must also approve the terms and conditions of the sale, and the
485	disposition of the sale proceeds. The vote on this issue may be
486	received at a general or special election to be held within the
487	district, which shall not be called until notice thereof has been
488	published in a newspaper of general circulation within the
489	district once a week for 4 consecutive weeks next prior to the
490	week during which the general or special election will be held.
491	If a majority of the electors who vote in the general or special
492	election vote in favor of the sale of the hospital facilities and
493	if they approve the terms and conditions of the sale, then in
494	that event, the board shall have the authority to consummate the
495	sale upon the terms and conditions thus approved by the electors.
496	In the event that the duly qualified electors do not ratify and
497	approve the sale along with its terms and conditions, the board
498	shall not have the authority to consummate the sale of the
499	hospital facilities.
500	Section 18. The board is hereby authorized and empowered to
501	lease such portions of its property and facilities to third
502	parties when it shall be deemed necessary by the board for
503	carrying out the purposes of this act.
504	Section 19. In the event the board enters into a lease
505	agreement as provided in section 18, the facility shall be
506	required to provide, on an annual basis, not less than the same
507	percentage of the hospital's gross revenues attributed to charity
508	care, indigent care, and Medicaid, previously provided by that
509	hospital as reported to the Hospital Cost Containment Board prior
510	to the execution of the agreement.
511	Section 20. The board is hereby authorized to dispose of
512	surplus real property owned by the district as described herein.
513	The board must hold a public hearing to determine that the real
514	property is not presently needed by the district for carrying out
515	the purposes of this act, that there is not a future need for the
516	property, and that the property should be declared surplus. The
517	public hearing must be held at either a regular meeting or a
518	special meeting called for such purpose after publishing a notice
519	in a newspaper of general circulation specifically describing the
520	real property proposed to be declared surplus, which notice must
521	be published at least 14 days prior to the holding of a special
522	meeting. After the board determines by resolution that real
523	property is surplus, it must obtain an appraisal of the property
524	from an independent appraiser. After receipt of the appraisal,
525	the board may negotiate an exchange of the surplus property for
526	other property needed by the district so long as the board
527	obtains consideration equivalent to the appraised value of the
528	surplus property. In the alternative, the board may sell the
529	surplus property after advertising the same for sale in a
530	newspaper of general circulation at least 14 days prior to the
531	date of receipt of bids. The board must require sealed bids,
532	reserving the right to reject all bids. The surplus property may
533	be sold only to the highest bidder for cash.
534	Section 21. The board is hereby authorized and empowered:
535	To the extent permitted by the constitution and laws of
536	this state, to establish, operate, and support a not-for-profit
537	support corporation to assist the board in fulfilling its
538	declared public purpose of provision for the health care needs
539	of the people of the district and the financial stability and
540	well-being of Parrish Medical Center through physician
541	recruitment, patient acquisition, and the providing of medical
542	goods and services and to accomplish such establishment,
543	operation, or support of such not-for-profit support corporation
544	by means of the lending of funds at reasonable rates of
545	interest, leases of real or personal property at reasonable
546	rental rates, grants of funds, or guarantees of indebtedness of
547	such not-for-profit support corporation. The establishment,
548	operation, or support of a not-for-profit support corporation is
549	hereby found and declared to be a public purpose and necessary
550	for the preservation of the public health and for a public use
551	and for the welfare of the board and people of the district. It
552	is the intent of the Legislature to authorize the formation of
553	the support corporation described in this section to further the
554	interests of the residents of the district in maintaining the
555	financial well-being of Parrish Medical Center by providing for
556	the delivery, financing, and support of hospital and nonhospital
557	health care services and related activities to the extent
558	consistent with the financial, patient acquisition, and
559	development needs of the district.
560	Notwithstanding the foregoing grant of authority and
561	powers, the board shall expend funds to the support corporation
562	of the North Brevard County Hospital District only in accordance
563	with the following provisions:
564	(a) That the disbursement of any funds by the district in
565	any form authorized by this act shall only be pursuant to a
566	resolution specifying the health care-related activity for which
567	such funds are to be applied and which is adopted at any regular
568	or special public meeting of the board.
569	(b) That the maximum allowable amount of funds which the
570	board shall be authorized to expend to or for the benefit of the
571	support corporation of the district either in the form of
572	grants, capital, or equity contributions, or loans at reasonable
573	rates of interest shall not exceed in any fiscal year the lesser
574	of the net revenue of the district for its preceding fiscal
575	year, or 2 1/2 percent of the gross revenue of the district for
576	its preceding fiscal year; provided further, that any public tax
577	revenue of the district shall be disregarded in the foregoing
578	formula and such tax revenue shall only be applied to indigent
579	care and the purchase of capital improvements or capital
580	equipment to be owned by the district.
581	(c) That the support corporation of the district shall,
582	consistent with the requirements of chapter 119, Florida
583	Statutes, submit to the board and for public inspection all
584	records, to the extent such records are not exempt from the
585	requirements of chapter 119, Florida Statutes, or except to the
586	extent that any private individual or organization having
587	contractual privity with such support corporation has prohibited
588	disclosure in order to maintain the confidentiality of
589	proprietary information of such private individual or
590	organization.
591	(d) That the support corporation of the district shall,
592	consistent with the requirements of chapter 286, Florida
593	Statutes, conduct all meetings open to the public except, and
594	only to the extent a meeting is scheduled and conducted in
595	executive session, in order to discuss the following:
596	1. Property acquisitions;
597	2. Strategic planning;
598	3. Pending or threatened litigation; or
599	4. Matters otherwise exempt by general or special law from
600	the public meeting requirements of chapter 286, Florida
601	Statutes.
602	(e) That the support corporation of the district shall, at
603	least annually, present a report to the City Council of the City
604	of Titusville and a report to the district One County
605	Commissioner of the Brevard County Board of County Commissioners
606	and conduct a public meeting to advise the general public as to
607	its activities in conjunction with and in support of the
608	district.
609	(f) That the support corporation of the district shall,
610	consistent with the procedures and requirements of section
611	11.45, Florida Statutes, submit to the board and for public
612	inspection an annual financial report certified by an
613	independent certified public accountant.
614	(g) That the support corporation of the district shall
615	adopt and maintain without amendment in its articles of
616	incorporation and corporation bylaws, the following express
617	provisions:
618	1. That the support corporation shall exist and conduct
619	its affairs solely to benefit and further the interests of the
620	district.
621	2. That membership in the support corporation shall
622	consist of the following seven voting and nonvoting directors
623	who shall hold office for a 2-year term and may be reappointed:
624	a. The chair of the district, or his or her designee who
625	is a member of the board.
626	b. The chair of the Jess Parrish Medical Foundation, Inc.,
627	Board of Directors, or his or her designee who is a member of
628	the Jess Parrish Medical Foundation, Inc., Board of Directors.
629	c. The chief executive officer of Parrish Medical Center.
630	d. Two residents of the district who shall be elected by a
631	majority vote of the other voting directors and who shall not be
632	members of the board or employees of Parrish Medical Center.
633	e. One ex officio nonvoting director appointed by the City
634	Council of the City of Titusville and who shall be a resident of
635	the City of Titusville and not a member of the board.
636	f. One ex officio nonvoting director appointed by the
637	district One (1) Commissioner of the Board of County
638	Commissioners of Brevard County who shall be a resident of
639	district One (1) and not a member of the board.
640	That the officers and the directors of the support
641	corporation shall comply with all the State of Florida
642	requirements for financial disclosure, provisions for voting on
643	conflicts, and reporting of gifts as is provided by chapters
644	112, 119, and 286, Florida Statutes, except as provided herein.
645	3. That the support corporation shall be expressly
646	prohibited from distributing or providing any financial benefit
647	to or for any director or officer other than reimbursement of
648	reasonable expenses incurred, except reasonable compensation for
649	services rendered by the executive director employed by the
650	support corporation.
651	4. That the support corporation shall be expressly
652	prohibited from employing or otherwise compensating in any
653	manner any current member of the board, or who has been a former
654	member thereof for a period of less than 3 years.
655	5. That the support corporation shall be expressly
656	prohibited from conducting or carrying on propaganda or
657	otherwise attempting to influence the Legislature, or
658	intervening in any political campaign on behalf of any candidate
659	for public office, or any other activity not permitted to be
660	carried on by a corporation exempt from federal income tax under
661	Section 501(c)(3) of the Internal Revenue Code of 1986 (or any
662	other corresponding provisions of any future Internal Revenue
663	Law).
664	(h) That the support corporation of the district shall not
665	in any event adopt any amendment to its articles of
666	incorporation or corporation bylaws inconsistent with the
667	provisions of paragraph (g) or adopt any amendment otherwise
668	permitted until a public notice of such amendment is published
669	in accordance with section 11.02, Florida Statutes, and shall
670	further not implement any such amendment in the event a public
671	referendum is initiated by the signed petition of at least 10
672	percent of the registered electors residing in the district
673	within such notice period and in accordance with the procedures
674	of section 100.371, Florida Statutes.
675	(i) That the support corporation of the district shall
676	adopt and maintain without amendment its articles of
677	incorporation and corporation bylaws, a provision that in the
678	event of the disposition of any surplus or abandoned property by
679	or dissolution of such support corporation, then such property
680	or residual assets shall revert back and be distributed to the
681	district or its lawful successor.
682	(j) To the extent of assets and other financial support
683	transferred or provided to the support corporation by the
684	district, the support corporation shall be required to provide
685	toward charity care, indigent care, and Medicaid not less than
686	the same percentage of such support corporation's financial
687	support as received from the district as equals the percentage
688	provided directly by the district, itself, toward charity care,
689	indigent care, and Medicaid.
690	Further and notwithstanding the foregoing grant of
691	authority and powers, nothing under any authorization granted by
692	this act shall authorize or permit any transfer or delegation by
693	the board of any ownership, lease, management, control, and
694	operating authority thereof to any subsidiary, affiliate, or
695	other entity, except as to assets transferred to the support
696	corporation, as provided for in this section, and any other such
697	transfer or delegation is expressly prohibited.
698	Section 22. The board is hereby authorized and empowered,
699	notwithstanding any language contained elsewhere in this act to
700	the contrary, to establish, construct, equip, operate, and
701	maintain both within and beyond the boundaries of the district
702	and in addition to hospitals, all manner of other health care
703	facilities and all manner of other health care services which
704	promote the public health and the health care needs of those
705	members of the public served by Parrish Medical Center.
706	Section 23. Notwithstanding any other provision of this
707	act which permits the joint participation with other hospitals
708	and health care providers or which permits the establishment or
709	providing of other health care facilities or services beyond the
710	boundaries of the district, the board shall be expressly
711	prohibited from using any funds derived from the assessment of
712	ad valorem taxes on property located within the district to
713	support any such joint participation or to establish or provide
714	any health care facility or health care service beyond the
715	boundaries of the district, it being the express intent of the
716	Legislature that any ad valorem tax funds be used solely toward
717	health care facilities or health care services within the
718	district.
719	Section 4. If any provision of this act or the application
720	thereof to any person or circumstance is held invalid, the
721	invalidity shall not affect the other provisions or applications
722	of the act which can be given effect without the invalid
723	provision or application, and to this end the provisions of this
724	act are declared severable.
725	Section 5. In the event of a conflict between the
726	provisions of the act and the provisions of any other act
727	pertaining to the district, the provisions of this act shall
728	control to the extent of such conflict.
729	Section 6. This act shall be construed as a remedial act
730	and shall be liberally construed to promote the purpose for
731	which it is intended.
732	Section 7. Chapters 28924(1953), 61-1910, 63-1140, 69-870,
733	70-606, 72-478, 73-409, 77-503, 81-347, 87-435, 88-453, 90-489,
734	91-339, 92-226, and 95-502, Laws of Florida, are repealed.
735	Section 8. This act shall take effect upon becoming a law.