HB 1219 2003
1	CHAMBER ACTION
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6	The Committee on Local Government and Veterans' Affairs
7	recommends the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to the North Brevard County Hospital
13	District, a special taxing district in Brevard County;
14	codifying, reenacting, and amending the district’s
15	charter; providing purpose; providing boundaries;
16	establishing the North Broward County Hospital District
17	Board; providing for membership, procedures, terms of
18	office, removal from office, and filling of vacancies;
19	providing for election of officers of the board; providing
20	for a depository of board funds; authorizing the issuance
21	of bonds; authorizing the establishment, construction,
22	equipping, operation, maintenance, repair, or lease of
23	facilities; providing for ad valorem taxation; authorizing
24	contracts; providing for a training school for nurses;
25	providing for public records; empowering the board to
26	adopt rules and regulations; designating the Parrish
27	Medical Center; providing for purchase of equipment;
28	providing for discharge of employees or agents; providing
29	for an employee retirement program; providing for use of
30	moneys received; providing for transfer of residual assets
31	in the event of dissolution of the district; providing for
32	the sale of hospital facilities under certain
33	circumstances; providing for lease of certain properties
34	to third parties under certain circumstances; providing
35	for disposition of surplus property; authorizing the board
36	to establish a not-for-profit support corporation;
37	providing for expenditure of funds therefor; providing for
38	public records and meetings; providing exceptions;
39	requiring an annual financial report; providing for
40	adoption of provisions relating to the support
41	corporation; providing for directors of the support
42	corporation; providing for terms and financial disclosure;
43	prohibiting certain acts of the support corporation;
44	providing for adoption of articles of incorporation;
45	providing for distribution of assets; prohibiting certain
46	use of funds of the district; providing severability;
47	providing for conflict; providing construction; repealing
48	chapters 28924 (1953), 61-1910, 63-1140, 69-870, 70-606,
49	72-478, 73-409, 77-503, 81-347, 87-435, 88-453, 90-489,
50	91-339, 92-226, and 95-502, Laws of Florida; providing an
51	effective date.
52
53	Be It Enacted by the Legislature of the State of Florida:
54
55	Section 1. Pursuant to section 189.429, Florida Statutes,
56	this act constitutes the codification of all special acts
57	relating to the North Brevard County Hospital District. It is
58	the intent of the Legislature in enacting this law to provide a
59	single, comprehensive special act charter for the district,
60	including all current legislative authority granted to the
61	district by its several legislative enactments and any
62	additional authority granted by this act.
63	Section 2. Chapters 28924 (1953), 61-1910, 63-1140, 69-
64	870, 70-606, 72-478, 73-409, 77-503, 81-347, 87-435, 88-453, 90-
65	489, 91-339, 92-226, and 95-502, Laws of Florida, pertaining to
66	the North Brevard County Hospital District, are amended,
67	codified, reenacted, and repealed as herein provided.
68	Section 3. The charter for the North Brevard County
69	Hospital District is re-created and reenacted to read:
70	Section 1. An independent special tax district is hereby
71	created and incorporated, as a political subdivision of the
72	state, to be known as the North Brevard County Hospital District
73	in Brevard County for the purpose of establishing, constructing,
74	equipping, operating and maintaining, repairing, or leasing a
75	hospital or hospitals and the district shall embrace and include
76	that portion of Brevard County described as follows, to wit:
77
78	Commencing at the Northwest corner of Brevard County,
79	Florida, same being the Northwest corner of Section 6,
80	Township 20 South, Range 34 East; go thence East along
81	the North boundary line of the County of Brevard, same
82	being the South boundary line of Volusia County,
83	Florida, to its intersection with the waters of the
84	Atlantic Ocean; thence Southeasterly along the waters
85	of the Atlantic Ocean to the North line of Section 6,
86	Township 23 South, Range 38 East; thence West to the
87	channel of the Banana River; thence go Northwesterly
88	to the Northeast corner of Section 22, Township 22
89	South, Range 37 East, to Banana Creek; thence Westerly
90	along the channel of Banana Creek to the channel of
91	the Indian River; thence Southerly along the channel
92	of the Indian River to a point on the North line of
93	Sections 19 and 20, Township 23 South, Range 36 East,
94	projected East; thence West along the North boundary
95	line of the Section 19, Township 23 South, Range 36
96	East, and Sections 19, 20, 21, 22, 23, 24, Township 23
97	South, Range 35 East, and Section 24, Township 23
98	South, Range 34 East to the waters of the St. Johns
99	River; thence along the West boundary line of Brevard
100	County, which is also the East boundary line of Orange
101	County, Florida, to a point in Section 1, Township 22
102	South, Range 33 East; where same intersects the South
103	boundary of Volusia County; thence East along the
104	South boundary line of Volusia County, Florida, to the
105	Southwest corner of Section 31, Township 21 South,
106	Range 34 East; thence North continuing along the West
107	boundary of Brevard County, Florida, which is the East
108	boundary line of Volusia County, Florida, to point of
109	beginning."
110
111	Section 2. The governing body authority of the district
112	shall be known as the North Brevard County Hospital District
113	Board. The board shall constitute a body politic and a body
114	corporate; it may adopt and use a common seal; it may contract
115	and be contracted with; and it may sue and be sued in its
116	corporate name or in the corporate name of the district.
117	The board shall be composed of nine members. The office of
118	each member shall be designated specifically by number as member
119	one through nine. The office of each member shall be for a term
120	of 4 years beginning on the first day of January. Each member
121	shall serve until his or her successor is appointed by the
122	appropriate governing body as hereinafter provided. Any vacancy
123	occurring in any office of a member shall be filled by the
124	appropriate governing body in the manner provided herein for
125	regular appointments for the remainder of the unexpired term of
126	office. All board members shall reside within the boundaries of
127	the district.
128	Board members one, two, and three shall be appointed by the
129	City Council of the City of Titusville.
130	Board members four, five, and seven shall be appointed by
131	the Board of County Commissioners of Brevard County.
132	Board members six, eight, and nine shall be appointed by
133	the Board of County Commissioners of Brevard County subject to
134	confirmation by the City Council of the City of Titusville.
135	In the event any board member ceases to reside within the
136	boundaries of the district, the office of such member shall be
137	deemed vacant as of the date of such change in residence.
138	Any board member may be removed from office in the event a
139	request for removal for violation of policies and procedures
140	established by the board is approved by two-thirds of the
141	membership of the board and in the event the majority of the
142	governing body responsible for appointing such member approves
143	of such removal without the necessity of any requirement of
144	advice and consent as provided herein for an appointment.
145	Section 3. The members of the board shall elect from their
146	number a chair, vice chair, secretary, and treasurer, who shall
147	each hold office for a period of not less than 1 year. The
148	chair, vice chair, secretary, and treasurer shall each execute a
149	bond in the amount of $2,000, endorsed by two good and
150	sufficient sureties or a surety company authorized under the
151	laws of the state, payable to the district board conditioned
152	upon the faithful performance of the duties of the officers,
153	which bonds shall be approved by the remaining members of the
154	board and which shall be filed with the board of county
155	commissioners. The premium of the bonds shall be paid by the
156	board.
157	Section 4. The board shall designate a depository for the
158	funds of the board, and the funds deposited therein shall be
159	withdrawn upon specific authorization as set forth in the
160	minutes of any board meeting. Such funds shall be withdrawn by
161	warrant signed by the chair and countersigned by the secretary,
162	or their duly authorized alternates. The board may designate
163	the administrator or business manager to sign warrants covering
164	bills for all routine items having prior board approval in the
165	current budget.
166	Section 5. Members of the board shall receive no
167	compensation for their services. A majority of the members of
168	the board then holding office shall constitute a quorum of the
169	board for the purpose of conducting its business and exercising
170	its powers and for all other purposes. Action may be taken by
171	the board only upon the affirmative vote of a majority of the
172	members of the board then holding office and present and
173	constituting a quorum; provided, however, that any resolution
174	authorizing the issuance of bonds, notes, or other obligations
175	shall be adopted by the affirmative vote of not less than a
176	majority of the members of the board then holding office. The
177	board is authorized to construct, equip, operate, maintain,
178	repair, or lease a hospital or hospitals in the district. The
179	hospital or hospitals so established, constructed, equipped,
180	operated, maintained, repaired, or leased will be for the
181	preservation of public health and for public good, and for the
182	use of the public of the district. The establishment,
183	construction, equipping, operation, maintenance, repairing, or
184	leasing of such hospital or hospitals within the district is
185	hereby found and declared to be a public purpose and a necessity
186	for the preservation of the public health and for the public use
187	and for the welfare of the district and the inhabitants thereof.
188	Section 6. It shall be the duty of the board, not later
189	than July 15, to determine the amount required during the
190	ensuing fiscal year for the purpose of establishing,
191	constructing, equipping, operating, maintaining, repairing, or
192	leasing of the hospital or hospitals, or for the payment of debt
193	service and reserves on bonds, notes, or other obligations
194	issued by the district, or reserves therefor, or for any one or
195	more of the above purposes. Such determination shall be by
196	resolution of the board and it shall be the duty of the chair
197	and the secretary of the board to certify to the Board of County
198	Commissioners of Brevard County the amount required, which shall
199	be provided by an ad valorem tax levied by the Board of County
200	Commissioners of Brevard County on all taxable real and personal
201	property in the district for the ensuing fiscal year for the
202	hospital fund. The Board of County Commissioners of Brevard
203	County, upon being furnished a certified copy of the resolution
204	of the board regarding the amount required for its stated
205	purposes, shall levy the necessary ad valorem taxes on all the
206	taxable real and personal property within the district to raise
207	the required amount, provided such millage shall not exceed 5
208	mills on the dollar of the assessed valuation of the taxable
209	real and personal property situated in the district in Brevard
210	County, less all such property exempt from taxation by the
211	Florida Constitution; and further provided that the board, in
212	issuing any bonds, notes, or other obligations as hereinafter
213	provided, may covenant with the holders of such bonds, notes, or
214	other obligations that such holders shall have a first lien on
215	all such ad valorem taxes levied for the payment of such bonds,
216	notes, or other obligations. The resolution of the board above
217	shall be adopted and a certified copy thereof shall be filed
218	with the Board of County Commissioners of Brevard County not
219	less than 10 days prior to the time fixed by law for the levy of
220	general county taxes.
221	Section 7. Wherever in this section the word bonds is
222	used, such word shall mean bonds, notes, or other obligations
223	issued by the district. The board shall have power to issue
224	bonds, notes, or other obligations of the district for which the
225	full faith and credit and taxing power of the district shall be
226	pledged, within the limitations herein set forth, for the
227	purpose of paying the cost or part of the cost of the
228	construction, acquisition, extension, improvement, or repairing
229	and equipping of any hospital or hospitals in the district.
230	Such bonds shall be general obligations of the district and
231	shall not be issued until the issuance thereof has been duly
232	approved by the qualified electors residing within the district
233	who are freeholders in the manner provided in the constitution
234	and statutes of the state relating to bond elections. Such bond
235	elections shall be held in the manner provided in the general
236	election laws of the state for bond elections in special tax
237	districts and shall be called to be held in the district by the
238	board of county commissioners of the county upon the request of
239	the board.
240	The board shall also have power to issue revenue bonds of
241	the district for the purpose of paying all or part of the cost
242	of the construction, acquisition, extension, improvement, or
243	repairing and equipping of a hospital or hospitals in the
244	district, and the issuance of any revenue bonds of the district
245	payable solely from the revenues of a hospital or hospitals in
246	the district, which may be a gross pledge or a net pledge of
247	such revenues as the board shall in its discretion determine.
248	Bonds issued which are payable solely from the revenues of a
249	hospital or hospitals of the district shall not be or constitute
250	an indebtedness of the district and no approval of the qualified
251	electors or the qualified electors who are freeholders of the
252	district shall be required for the issuance of such bonds
253	payable solely from the revenues of such hospital or hospitals.
254	The board may also issue bonds payable from the revenues
255	derived from a hospital or hospitals of the district, which may
256	be either a gross pledge or a net pledge of such revenues. Such
257	may be additionally secured by the full faith and credit and
258	taxing power of the district, within the limitations of and for
259	the purposes set forth above, to the full extent that the
260	revenues derived from the district’s hospital or hospitals are
261	insufficient for the payment of the principal and interest of,
262	or reserves therefor, or other payments required by the
263	proceedings authorizing the issuance of such bonds; provided,
264	however, that any bonds pledging the full faith and credit of
265	the district as additional security to the revenues derived from
266	the hospital or hospitals of the district shall also be
267	approved, prior to being issued, by the qualified electors
268	residing in the district who are freeholders in the manner
269	provided for general obligation bonds above and in the
270	constitution and statutes of the state.
271	In issuing the revenue bonds, or the combined revenue and
272	general obligation bonds, the board may enter into covenants
273	with the holders of such bonds relating to the fixing and
274	collecting of fees, rentals, or other charges for the use of the
275	services and facilities of the hospital or hospitals and the
276	maintenance of sufficient fees or other charges to pay the debt
277	service and other payments required in the proceedings
278	authorizing the issuance of such revenue bonds or combined
279	revenue and general obligation bonds, the board may agree to the
280	appointment of a trustee for bondholders, for a receiver of such
281	hospital or hospitals upon defaults as provided in the bond
282	proceedings. The board may provide for such other covenants,
283	terms, and conditions as are necessary and customary in revenue
284	bonds and which in the opinion of the board are necessary and
285	desirable for the security of the holders of such bonds or the
286	marketability of such bonds.
287	All bonds issued pursuant to this act, whether general
288	obligation bonds, revenue bonds, or combined revenue and general
289	obligation bonds, may be authorized by resolution or resolutions
290	of the board, which may be adopted at the same meeting at which
291	they are introduced by a majority of all the members of the
292	board then in office and need not be published or posted;
293	provided, however, that any general obligation bonds or combined
294	revenue and general obligation bonds shall be approved by the
295	qualified electors who are freeholders residing in the district.
296	Bonds shall bear interest at the maximum legal interest rate
297	provided by state law for the issue or reissue of bonds,
298	certificates, or other obligations of any type or character
299	authorized and issued by a county, municipality, district,
300	commission, authority, or any other public body or agency or
301	political subdivision of the state; may be in one or more
302	series; may bear such date or dates; may mature at such time or
303	times not exceeding 40 years from their respective dates; may be
304	payable in such medium of payment, at such place or places
305	within or without the state; may carry such registration
306	privileges; may be subject to such terms for prior redemption,
307	with or without premium; may be executed in such manner; may
308	contain such terms, covenants, and conditions; and may otherwise
309	be in such form as such resolution or subsequent resolution
310	shall provide. Such bonds may be sold or exchanged for
311	refunding bonds, or delivered to contractors in payment for any
312	part of the properties acquired or improvements financed by such
313	bonds, or delivered and exchanged for any properties, either
314	real, personal, or mixed, to be acquired in connection with such
315	hospital or hospitals, all at one time or in blocks from time to
316	time, in such manner as the board in its discretion shall
317	determine, and at such price or prices, computed according to
318	standard tables of bond values, as will yield to the purchaser,
319	or the holders of outstanding obligations surrendered in
320	exchange for refunding bonds, or the contractors paid with such
321	bonds, or the owners of any properties exchanged for such bonds,
322	income at a rate not exceeding the maximum legal interest rate
323	provided by state law for the issue or reissue of bonds,
324	certificates or any obligations of any type or character
325	authorized and issued by a county, municipality, district,
326	commission, authority, or any other public body or agency or
327	political subdivision of the state to the stated maturity dates
328	of the bonds on the moneys paid for the bonds or the principal
329	amount of outstanding obligations exchanged for refunding bonds
330	or the amount of any indebtedness to contractors paid with such
331	bonds or the value of any properties exchanged for such bonds.
332	The board may also issue refunding bonds to fund or refund
333	any bonds issued pursuant to this act or any other law, and such
334	refunding bonds shall be subject to all the applicable
335	provisions of this section; provided, however, that no approval
336	of the qualified electors who are freeholders residing in the
337	district shall be required for the issuance of such refunding
338	bonds, except in cases where such approval is required by the
339	Constitution of the State of Florida.
340	Pending the preparation of the definitive bonds, interim
341	certificates or receipts or temporary bonds in such form and
342	with such provisions as the board may determine may be issued to
343	the purchasers of the bonds issued hereunder. Such bonds or
344	interim certificates or receipts or temporary bonds shall be
345	fully negotiable and shall be and constitute negotiable
346	instruments within the meaning of and for all purposes of the
347	law of the State of Florida.
348	Section 8. The board is hereby authorized and empowered to
349	own and acquire property by purchase, lease, gift, grant, or
350	transfer, from the county, state, or federal government or any
351	subdivision or agency thereof, any municipality, person,
352	partnership, or corporation, and to establish, construct, equip,
353	operate, maintain, repair, or lease, hospital facilities in the
354	district.
355	Section 9. The district is authorized and empowered to
356	contract with individuals, partnerships, corporations,
357	municipalities, the county, the state, any subdivision or agency
358	thereof in the United States of America, or any subdivision or
359	agency thereof to carry out the purposes of this act, including
360	participation in the joint provision with other hospitals and
361	health care providers of all manner of inpatient and outpatient
362	facilities and health care services which provide benefit to
363	those members of the public served by the hospital or hospitals
364	of the district both within and beyond the boundaries of the
365	North Brevard County Hospital District and to the extent such
366	participation is consistent with all restrictions contained in
367	the constitution and general laws of the state.
368	Section 10. The board is hereby authorized and empowered,
369	at any time, in its discretion, to establish and maintain, in
370	connection with the district’s hospital or hospitals, and as a
371	part thereof, a training school for nurses and, upon completion
372	of a prescribed course of training, shall give to such nurses
373	who have satisfactorily completed such training, a diploma. The
374	board is also authorized and empowered to set up all rules and
375	regulations necessary for the operation of such nurses’ training
376	school, and to make all necessary expenditures in connection
377	therewith.
378	Section 11. The minutes and acts of the board shall be
379	open to public inspection at reasonable and convenient times at
380	the hospital or hospitals of the district on demand of any
381	taxpayer in the district. At least once a year the board shall
382	cause the financial records and accounts of the district’s
383	hospital or hospitals to be audited by a certified public
384	accountant authorized to practice public accounting in the
385	state, and shall turn over to the Board of County Commissioners
386	of Brevard County a copy of the audit report.
387	Section 12. The board is empowered to and shall adopt all
388	necessary rules and regulations for the operation of the
389	district’s hospital or hospitals, provide for the admission
390	thereto and treatment of such charity patients as apply therefor
391	and who are citizens of Florida and residents of Brevard County
392	for the last 2 preceding years, establish the fees and charges
393	to be made for the admission and treatment therein of other
394	patients, and to establish qualifications for the members of the
395	medical profession to be entitled to practice therein.
396	Section 13. The hospital and other medical facilities
397	owned and operated by the board within the district are hereby
398	designated and named the Parrish Medical Center and the prior
399	action of the board in adopting this name is hereby ratified and
400	confirmed.
401	Section 14. The board shall have the power to purchase any
402	and all equipment that may be needed for the operation of the
403	district’s hospital or hospitals and shall have the power to
404	appoint and hire such agent or agents, technical experts,
405	attorneys, and all other employees as are necessary for carrying
406	out the purposes of this act and to prescribe their salaries and
407	duties. The board shall have the power to discharge all
408	employees or agents when it shall be deemed by the board
409	necessary for carrying out the purposes of this act.
410	Section 15. The board shall have the power to provide a
411	retirement program for the district's employees, including
412	establishing qualifications for coverage; paying part or all of
413	the cost of such program; contracting with any insurance company
414	licensed to do business in Florida for the establishment and
415	operation of the program; charging its covered employees for the
416	employees' share of the cost of the program; taking such other
417	action as may be necessary to establish and operate the
418	retirement program; and withdrawing by resolution of the board,
419	from the State and County Officers and Employees’ Retirement
420	System of Florida, as established by chapter 122, Florida
421	Statutes. All general, special, or local laws or parts thereof
422	inconsistent herewith, are hereby declared to be inapplicable to
423	the provisions of this act, including specifically section
424	122.061, Florida Statutes, which shall not apply and which is
425	hereby amended insofar as it prohibits the withdrawal of the
426	district and its employees from the retirement system. In the
427	event that the board shall adopt a resolution by which the
428	district and its employees shall be withdrawn from the State and
429	County Officers and Employees’ Retirement System of Florida,
430	such withdrawal shall become effective on the first day of the
431	next month following the adoption of the resolution, and the
432	board shall send a certified copy of the resolution to the
433	Secretary of Management Services. Beginning on the first day of
434	the next month following the adoption of the resolution, the
435	district shall not be required to contribute to the State and
436	County Officers and Employees’ Retirement System of Florida, and
437	its employees shall not thereafter be participants in the
438	system. Following the adoption of the resolution, each employee
439	of the district shall be entitled to a refund of 100 percent of
440	his or her contributions previously made to the state retirement
441	system, without interest, and the Department of Management
442	Services shall make such refund to each such employee upon
443	application therefor by each employee, notwithstanding any other
444	provisions of the general law relating to such refund.
445	Section 16. All revenue, profit income, and money received
446	from the conduct of the business or enterprise of the district
447	is to be used and employed in the furtherance of the business
448	for which it is organized.
449	No part of the net earnings of the district shall enure to
450	the benefit, or be distributable to, its members, trustees,
451	officers, or other private persons, except that it shall be
452	authorized and empowered to pay reasonable compensation for
453	services rendered and to make payments and distributions in
454	furtherance of its purposes as set forth in above.
455	No substantial part of the activities of the district shall
456	be carrying on propaganda or otherwise attempting to influence
457	the Legislature, and the North Brevard County Hospital District
458	shall not participate or intervene in any political campaign on
459	behalf of any candidate for public office (including the
460	publication or distribution of statements).
461	Notwithstanding any other provision of this act, the
462	district shall not carry on any other activities not permitted
463	to be carried on by:
464	(a) A corporation exempt from federal income tax under
465	Section 501(c)(3) of the Internal Revenue Code of 1986 (or any
466	other corresponding provisions of any future Internal Revenue
467	Law); or
468	(b) A corporation with respect to which contributions made
469	thereto are deductible under Section 170(c)(2) of the Internal
470	Revenue Code of 1986 (or any other corresponding provisions of
471	any future Internal Revenue Law).
472	Section 17. In the event of dissolution of the district,
473	the residual assets of the district may only be transferred to
474	one or more organizations which are exempt organizations as
475	described in Section 501(c)(3) or Section 170(c)(2) of the
476	Internal Revenue Code of 1986 (or any other corresponding
477	provisions of any future Internal Revenue Law) and which shall
478	have as their primary purpose those same health care
479	responsibilities as then performed by the district, together
480	with other public needs of the district, and shall be required
481	to provide the same annual percentage of charity care, indigent
482	care, and Medicaid care, based on gross revenues, that was
483	provided by the public hospital and reported to the Health Care
484	Cost Containment Board in its most recent reporting cycle, and
485	which shall be jointly approved by the district One (1)
486	Commissioner of the Brevard County Board of County Commissioners
487	and four-fifths vote of the City Council of the City of
488	Titusville.
489	Notwithstanding the foregoing, in no event shall the board
490	sell the hospital facilities without first receiving the
491	approval by a majority vote of the duly qualified electors who
492	reside within the district and who vote in the election. Prior
493	to any such sale, such qualified electors shall, by affirmative
494	vote, consent to such sale of the hospital facilities, which
495	consent must also approve the terms and conditions of the sale,
496	and the disposition of the sale proceeds. The vote on this
497	issue may be received at a general or special election to be
498	held within the district, which shall not be called until notice
499	thereof has been published in a newspaper of general circulation
500	within the district once a week for 4 consecutive weeks next
501	prior to the week during which the general or special election
502	will be held. If a majority of the electors who vote in the
503	general or special election vote in favor of the sale of the
504	hospital facilities and if they approve the terms and conditions
505	of the sale, then in that event, the board shall have the
506	authority to consummate the sale upon the terms and conditions
507	thus approved by the electors. In the event that the duly
508	qualified electors do not ratify and approve the sale along with
509	its terms and conditions, the board shall not have the authority
510	to consummate the sale of the hospital facilities.
511	Section 18. The board is hereby authorized and empowered
512	to lease such portions of its property and facilities to third
513	parties when it shall be deemed necessary by the board for
514	carrying out the purposes of this act.
515	Section 19. In the event the board enters into a lease
516	agreement as provided in section 18, the facility shall be
517	required to provide, on an annual basis, not less than the same
518	percentage of the hospital's gross revenues attributed to
519	charity care, indigent care, and Medicaid, previously provided
520	by that hospital as reported to the Hospital Cost Containment
521	Board prior to the execution of the agreement.
522	Section 20. The board is hereby authorized to dispose of
523	surplus real property owned by the district as described herein.
524	The board must hold a public hearing to determine that the real
525	property is not presently needed by the district for carrying
526	out the purposes of this act, that there is not a future need
527	for the property, and that the property should be declared
528	surplus. The public hearing must be held at either a regular
529	meeting or a special meeting called for such purpose after
530	publishing a notice in a newspaper of general circulation
531	specifically describing the real property proposed to be
532	declared surplus, which notice must be published at least 14
533	days prior to the holding of a special meeting. After the board
534	determines by resolution that real property is surplus, it must
535	obtain an appraisal of the property from an independent
536	appraiser. After receipt of the appraisal, the board may
537	negotiate an exchange of the surplus property for other property
538	needed by the district so long as the board obtains
539	consideration equivalent to the appraised value of the surplus
540	property. In the alternative, the board may sell the surplus
541	property after advertising the same for sale in a newspaper of
542	general circulation at least 14 days prior to the date of
543	receipt of bids. The board must require sealed bids, reserving
544	the right to reject all bids. The surplus property may be sold
545	only to the highest bidder for cash.
546	Section 21. The board is hereby authorized and empowered:
547	To the extent permitted by the constitution and laws of
548	this state, to establish, operate, and support a not-for-profit
549	support corporation to assist the board in fulfilling its
550	declared public purpose of provision for the health care needs
551	of the people of the district and the financial stability and
552	well-being of Parrish Medical Center through physician
553	recruitment, patient acquisition, and the providing of medical
554	goods and services and to accomplish such establishment,
555	operation, or support of such not-for-profit support corporation
556	by means of the lending of funds at reasonable rates of
557	interest, leases of real or personal property at reasonable
558	rental rates, grants of funds, or guarantees of indebtedness of
559	such not-for-profit support corporation. The establishment,
560	operation, or support of a not-for-profit support corporation is
561	hereby found and declared to be a public purpose and necessary
562	for the preservation of the public health and for a public use
563	and for the welfare of the board and people of the district. It
564	is the intent of the Legislature to authorize the formation of
565	the support corporation described in this section to further the
566	interests of the residents of the district in maintaining the
567	financial well-being of Parrish Medical Center by providing for
568	the delivery, financing, and support of hospital and nonhospital
569	health care services and related activities to the extent
570	consistent with the financial, patient acquisition, and
571	development needs of the district.
572	Notwithstanding the foregoing grant of authority and
573	powers, the board shall expend funds to the support corporation
574	of the North Brevard County Hospital District only in accordance
575	with the following provisions:
576	(a) That the disbursement of any funds by the district in
577	any form authorized by this act shall only be pursuant to a
578	resolution specifying the health care-related activity for which
579	such funds are to be applied and which is adopted at any regular
580	or special public meeting of the board.
581	(b) That the maximum allowable amount of funds which the
582	board shall be authorized to expend to or for the benefit of the
583	support corporation of the district either in the form of
584	grants, capital, or equity contributions, or loans at reasonable
585	rates of interest shall not exceed in any fiscal year the lesser
586	of the net revenue of the district for its preceding fiscal
587	year, or 2 1/2 percent of the gross revenue of the district for
588	its preceding fiscal year; provided further, that any public tax
589	revenue of the district shall be disregarded in the foregoing
590	formula and such tax revenue shall only be applied to indigent
591	care and the purchase of capital improvements or capital
592	equipment to be owned by the district.
593	(c) That the support corporation of the district shall,
594	consistent with the requirements of chapter 119, Florida
595	Statutes, submit to the board and for public inspection all
596	records, to the extent such records are not exempt from the
597	requirements of chapter 119, Florida Statutes, or except to the
598	extent that any private individual or organization having
599	contractual privity with such support corporation has prohibited
600	disclosure in order to maintain the confidentiality of
601	proprietary information of such private individual or
602	organization.
603	(d) That the support corporation of the district shall,
604	consistent with the requirements of chapter 286, Florida
605	Statutes, conduct all meetings open to the public except, and
606	only to the extent a meeting is scheduled and conducted in
607	executive session, in order to discuss the following:
608	1. Property acquisitions;
609	2. Strategic planning;
610	3. Pending or threatened litigation; or
611	4. Matters otherwise exempt by general or special law from
612	the public meeting requirements of chapter 286, Florida
613	Statutes.
614	(e) That the support corporation of the district shall, at
615	least annually, present a report to the City Council of the City
616	of Titusville and a report to the district One County
617	Commissioner of the Brevard County Board of County Commissioners
618	and conduct a public meeting to advise the general public as to
619	its activities in conjunction with and in support of the
620	district.
621	(f) That the support corporation of the district shall,
622	consistent with the procedures and requirements of section
623	11.45, Florida Statutes, submit to the board and for public
624	inspection an annual financial report certified by an
625	independent certified public accountant.
626	(g) That the support corporation of the district shall
627	adopt and maintain without amendment in its articles of
628	incorporation and corporation bylaws, the following express
629	provisions:
630	1. That the support corporation shall exist and conduct
631	its affairs solely to benefit and further the interests of the
632	district.
633	2. That membership in the support corporation shall
634	consist of the following seven voting and nonvoting directors
635	who shall hold office for a 2-year term and may be reappointed:
636	a. The chair of the district, or his or her designee who
637	is a member of the board.
638	b. The chair of the Jess Parrish Medical Foundation, Inc.,
639	Board of Directors, or his or her designee who is a member of
640	the Jess Parrish Medical Foundation, Inc., Board of Directors.
641	c. The chief executive officer of Parrish Medical Center.
642	d. Two residents of the district who shall be elected by a
643	majority vote of the other voting directors and who shall not be
644	members of the board or employees of Parrish Medical Center.
645	e. One ex officio nonvoting director appointed by the City
646	Council of the City of Titusville and who shall be a resident of
647	the City of Titusville and not a member of the board.
648	f. One ex officio nonvoting director appointed by the
649	district One (1) Commissioner of the Board of County
650	Commissioners of Brevard County who shall be a resident of
651	district One (1) and not a member of the board.
652	That the officers and the directors of the support
653	corporation shall comply with all the State of Florida
654	requirements for financial disclosure, provisions for voting on
655	conflicts, and reporting of gifts as is provided by chapters
656	112, 119, and 286, Florida Statutes, except as provided herein.
657	3. That the support corporation shall be expressly
658	prohibited from distributing or providing any financial benefit
659	to or for any director or officer other than reimbursement of
660	reasonable expenses incurred, except reasonable compensation for
661	services rendered by the executive director employed by the
662	support corporation.
663	4. That the support corporation shall be expressly
664	prohibited from employing or otherwise compensating in any
665	manner any current member of the board, or who has been a former
666	member thereof for a period of less than 3 years.
667	5. That the support corporation shall be expressly
668	prohibited from conducting or carrying on propaganda or
669	otherwise attempting to influence the Legislature, or
670	intervening in any political campaign on behalf of any candidate
671	for public office, or any other activity not permitted to be
672	carried on by a corporation exempt from federal income tax under
673	Section 501(c)(3) of the Internal Revenue Code of 1986 (or any
674	other corresponding provisions of any future Internal Revenue
675	Law).
676	(h) That the support corporation of the district shall not
677	in any event adopt any amendment to its articles of
678	incorporation or corporation bylaws inconsistent with the
679	provisions of paragraph (g) or adopt any amendment otherwise
680	permitted until a public notice of such amendment is published
681	in accordance with section 11.02, Florida Statutes, and shall
682	further not implement any such amendment in the event a public
683	referendum is initiated by the signed petition of at least 10
684	percent of the registered electors residing in the district
685	within such notice period and in accordance with the procedures
686	of section 100.371, Florida Statutes.
687	(i) That the support corporation of the district shall
688	adopt and maintain without amendment its articles of
689	incorporation and corporation bylaws, a provision that in the
690	event of the disposition of any surplus or abandoned property by
691	or dissolution of such support corporation, then such property
692	or residual assets shall revert back and be distributed to the
693	district or its lawful successor.
694	(j) To the extent of assets and other financial support
695	transferred or provided to the support corporation by the
696	district, the support corporation shall be required to provide
697	toward charity care, indigent care, and Medicaid not less than
698	the same percentage of such support corporation's financial
699	support as received from the district as equals the percentage
700	provided directly by the district, itself, toward charity care,
701	indigent care, and Medicaid.
702	Further and notwithstanding the foregoing grant of
703	authority and powers, nothing under any authorization granted by
704	this act shall authorize or permit any transfer or delegation by
705	the board of any ownership, lease, management, control, and
706	operating authority thereof to any subsidiary, affiliate, or
707	other entity, except as to assets transferred to the support
708	corporation, as provided for in this section, and any other such
709	transfer or delegation is expressly prohibited.
710	Section 22. The board is hereby authorized and empowered,
711	notwithstanding any language contained elsewhere in this act to
712	the contrary, to establish, construct, equip, operate, and
713	maintain both within and beyond the boundaries of the district
714	and in addition to hospitals, all manner of other health care
715	facilities and all manner of other health care services which
716	promote the public health and the health care needs of those
717	members of the public served by Parrish Medical Center.
718	Section 23. Notwithstanding any other provision of this
719	act which permits the joint participation with other hospitals
720	and health care providers or which permits the establishment or
721	providing of other health care facilities or services beyond the
722	boundaries of the district, the board shall be expressly
723	prohibited from using any funds derived from the assessment of
724	ad valorem taxes on property located within the district to
725	support any such joint participation or to establish or provide
726	any health care facility or health care service beyond the
727	boundaries of the district, it being the express intent of the
728	Legislature that any ad valorem tax funds be used solely toward
729	health care facilities or health care services within the
730	district.
731	Section 4. If any provision of this act or the application
732	thereof to any person or circumstance is held invalid, the
733	invalidity shall not affect the other provisions or applications
734	of the act which can be given effect without the invalid
735	provision or application, and to this end the provisions of this
736	act are declared severable.
737	Section 5. In the event of a conflict between the
738	provisions of this act and the provisions of any other existing
739	or future general law or special act pertaining to the sale or
740	lease of district facilities, the provisions of this act shall
741	control to the extent of such conflict.
742	Section 6. This act shall be construed as a remedial act
743	and shall be liberally construed to promote the purpose for
744	which it is intended.
745	Section 7. Chapters 28924(1953), 61-1910, 63-1140, 69-870,
746	70-606, 72-478, 73-409, 77-503, 81-347, 87-435, 88-453, 90-489,
747	91-339, 92-226, and 95-502, Laws of Florida, are repealed.
748	Section 8. This act shall take effect upon becoming a law.
749
750