Bill Text: ENROLLED HB 1219, Engrossed 1

ENROLLED HB 1219, Engrossed 1

2003 Legislature

A bill to be entitled

An act relating to the North Brevard County Hospital

District, a special taxing district in Brevard County;

codifying, reenacting, and amending the district’s

charter; providing purpose; providing boundaries;

establishing the North Brevard County Hospital District

Board; providing for membership, procedures, terms of

office, removal from office, and filling of vacancies;

providing for election of officers of the board; providing

for a depository of board funds; authorizing the issuance

of bonds; authorizing the establishment, construction,

equipping, operation, maintenance, repair, or lease of

facilities; providing for ad valorem taxation; authorizing

contracts; providing for a training school for nurses;

providing for public records; empowering the board to

adopt rules and regulations; designating the Parrish

Medical Center; providing for purchase of equipment;

providing for discharge of employees or agents; providing

for an employee retirement program; providing for use of

moneys received; providing for transfer of residual assets

in the event of dissolution of the district; providing for

the sale of hospital facilities under certain

circumstances; providing for lease of certain properties

to third parties under certain circumstances; providing

for disposition of surplus property; authorizing the board

to establish a not-for-profit support corporation;

providing for expenditure of funds therefor; providing for

public records and meetings; providing exceptions;

requiring an annual financial report; providing for

adoption of provisions relating to the support

corporation; providing for directors of the support

corporation; providing for terms and financial disclosure;

prohibiting certain acts of the support corporation;

providing for adoption of articles of incorporation;

providing for distribution of assets; prohibiting certain

use of funds of the district; providing severability;

providing for conflict; providing construction; repealing

chapters 28924 (1953), 61-1910, 63-1140, 69-870, 70-606,

72-478, 73-409, 77-503, 81-347, 87-435, 88-453, 90-489,

91-339, 92-226, and 95-502, Laws of Florida; providing an

effective date.

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

Section 1. Pursuant to section 189.429, Florida Statutes,

this act constitutes the codification of all special acts

relating to the North Brevard County Hospital District. It is

the intent of the Legislature in enacting this law to provide a

single, comprehensive special act charter for the district,

including all current legislative authority granted to the

district by its several legislative enactments and any

additional authority granted by this act.

Section 2. Chapters 28924 (1953), 61-1910, 63-1140, 69-

870, 70-606, 72-478, 73-409, 77-503, 81-347, 87-435, 88-453, 90-

489, 91-339, 92-226, and 95-502, Laws of Florida, pertaining to

the North Brevard County Hospital District, are amended,

codified, reenacted, and repealed as herein provided.

Section 3. The charter for the North Brevard County

Hospital District is re-created and reenacted to read:

Section 1. An independent special tax district is hereby

created and incorporated, as a political subdivision of the

state, to be known as the North Brevard County Hospital District

in Brevard County for the purpose of establishing, constructing,

equipping, operating and maintaining, repairing, or leasing a

hospital or hospitals and the district shall embrace and include

that portion of Brevard County described as follows, to wit:

Commencing at the Northwest corner of Brevard County,

Florida, same being the Northwest corner of Section 6,

Township 20 South, Range 34 East; go thence East along

the North boundary line of the County of Brevard, same

being the South boundary line of Volusia County,

Florida, to its intersection with the waters of the

Atlantic Ocean; thence Southeasterly along the waters

of the Atlantic Ocean to the North line of Section 6,

Township 23 South, Range 38 East; thence West to the

channel of the Banana River; thence go Northwesterly

to the Northeast corner of Section 22, Township 22

South, Range 37 East, to Banana Creek; thence Westerly

along the channel of Banana Creek to the channel of

the Indian River; thence Southerly along the channel

of the Indian River to a point on the North line of

Sections 19 and 20, Township 23 South, Range 36 East,

projected East; thence West along the North boundary

line of the Section 19, Township 23 South, Range 36

East, and Sections 19, 20, 21, 22, 23, 24, Township 23

South, Range 35 East, and Section 24, Township 23

South, Range 34 East to the waters of the St. Johns

River; thence along the West boundary line of Brevard

County, which is also the East boundary line of Orange

County, Florida, to a point in Section 1, Township 22

South, Range 33 East; where same intersects the South

boundary of Volusia County; thence East along the

South boundary line of Volusia County, Florida, to the

Southwest corner of Section 31, Township 21 South,

Range 34 East; thence North continuing along the West

boundary of Brevard County, Florida, which is the East

boundary line of Volusia County, Florida, to point of

beginning."

100

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Section 2. The governing body authority of the district

102

shall be known as the North Brevard County Hospital District

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Board. The board shall constitute a body politic and a body

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corporate; it may adopt and use a common seal; it may contract

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and be contracted with; and it may sue and be sued in its

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corporate name or in the corporate name of the district.

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The board shall be composed of nine members. The office of

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each member shall be designated specifically by number as member

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one through nine. The office of each member shall be for a term

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of 4 years beginning on the first day of January. Each member

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shall serve until his or her successor is appointed by the

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appropriate governing body as hereinafter provided. Any vacancy

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occurring in any office of a member shall be filled by the

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appropriate governing body in the manner provided herein for

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regular appointments for the remainder of the unexpired term of

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office. All board members shall reside within the boundaries of

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the district.

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Board members one, two, and three shall be appointed by the

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City Council of the City of Titusville.

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Board members four, five, and seven shall be appointed by

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the Board of County Commissioners of Brevard County.

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Board members six, eight, and nine shall be appointed by

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the Board of County Commissioners of Brevard County subject to

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confirmation by the City Council of the City of Titusville.

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In the event any board member ceases to reside within the

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boundaries of the district, the office of such member shall be

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deemed vacant as of the date of such change in residence.

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Any board member may be removed from office in the event a

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request for removal for violation of policies and procedures

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established by the board is approved by two-thirds of the

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membership of the board and in the event the majority of the

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governing body responsible for appointing such member approves

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of such removal without the necessity of any requirement of

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advice and consent as provided herein for an appointment.

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Section 3. The members of the board shall elect from their

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number a chair, vice chair, secretary, and treasurer, who shall

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each hold office for a period of not less than 1 year. The

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chair, vice chair, secretary, and treasurer shall each execute a

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bond in the amount of $2,000, endorsed by two good and

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sufficient sureties or a surety company authorized under the

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laws of the state, payable to the district board conditioned

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upon the faithful performance of the duties of the officers,

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which bonds shall be approved by the remaining members of the

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board and which shall be filed with the board of county

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commissioners. The premium of the bonds shall be paid by the

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board.

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Section 4. The board shall designate a depository for the

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funds of the board, and the funds deposited therein shall be

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withdrawn upon specific authorization as set forth in the

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minutes of any board meeting. Such funds shall be withdrawn by

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warrant signed by the chair and countersigned by the secretary,

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or their duly authorized alternates. The board may designate

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the administrator or business manager to sign warrants covering

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bills for all routine items having prior board approval in the

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current budget.

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Section 5. Members of the board shall receive no

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compensation for their services. A majority of the members of

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the board then holding office shall constitute a quorum of the

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board for the purpose of conducting its business and exercising

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its powers and for all other purposes. Action may be taken by

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the board only upon the affirmative vote of a majority of the

162

members of the board then holding office and present and

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constituting a quorum; provided, however, that any resolution

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authorizing the issuance of bonds, notes, or other obligations

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shall be adopted by the affirmative vote of not less than a

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majority of the members of the board then holding office. The

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board is authorized to construct, equip, operate, maintain,

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repair, or lease a hospital or hospitals in the district. The

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hospital or hospitals so established, constructed, equipped,

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operated, maintained, repaired, or leased will be for the

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preservation of public health and for public good, and for the

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use of the public of the district. The establishment,

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construction, equipping, operation, maintenance, repairing, or

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leasing of such hospital or hospitals within the district is

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hereby found and declared to be a public purpose and a necessity

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for the preservation of the public health and for the public use

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and for the welfare of the district and the inhabitants thereof.

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Section 6. It shall be the duty of the board, not later

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than July 15, to determine the amount required during the

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ensuing fiscal year for the purpose of establishing,

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constructing, equipping, operating, maintaining, repairing, or

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leasing of the hospital or hospitals, or for the payment of debt

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service and reserves on bonds, notes, or other obligations

184

issued by the district, or reserves therefor, or for any one or

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more of the above purposes. Such determination shall be by

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resolution of the board and it shall be the duty of the chair

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and the secretary of the board to certify to the Board of County

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Commissioners of Brevard County the amount required, which shall

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be provided by an ad valorem tax levied by the Board of County

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Commissioners of Brevard County on all taxable real and personal

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property in the district for the ensuing fiscal year for the

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hospital fund. The Board of County Commissioners of Brevard

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County, upon being furnished a certified copy of the resolution

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of the board regarding the amount required for its stated

195

purposes, shall levy the necessary ad valorem taxes on all the

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taxable real and personal property within the district to raise

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the required amount, provided such millage shall not exceed 5

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mills on the dollar of the assessed valuation of the taxable

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real and personal property situated in the district in Brevard

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County, less all such property exempt from taxation by the

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Florida Constitution; and further provided that the board, in

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issuing any bonds, notes, or other obligations as hereinafter

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provided, may covenant with the holders of such bonds, notes, or

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other obligations that such holders shall have a first lien on

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all such ad valorem taxes levied for the payment of such bonds,

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notes, or other obligations. The resolution of the board above

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shall be adopted and a certified copy thereof shall be filed

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with the Board of County Commissioners of Brevard County not

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less than 10 days prior to the time fixed by law for the levy of

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general county taxes.

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Section 7. Wherever in this section the word bonds is

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used, such word shall mean bonds, notes, or other obligations

213

issued by the district. The board shall have power to issue

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bonds, notes, or other obligations of the district for which the

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full faith and credit and taxing power of the district shall be

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pledged, within the limitations herein set forth, for the

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purpose of paying the cost or part of the cost of the

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construction, acquisition, extension, improvement, or repairing

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and equipping of any hospital or hospitals in the district.

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Such bonds shall be general obligations of the district and

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shall not be issued until the issuance thereof has been duly

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approved by the qualified electors residing within the district

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who are freeholders in the manner provided in the constitution

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and statutes of the state relating to bond elections. Such bond

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elections shall be held in the manner provided in the general

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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

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board of county commissioners of the county upon the request of

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the board.

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The board shall also have power to issue revenue bonds of

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the district for the purpose of paying all or part of the cost

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of the construction, acquisition, extension, improvement, or

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repairing and equipping of a hospital or hospitals in the

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district, and the issuance of any revenue bonds of the district

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payable solely from the revenues of a hospital or hospitals in

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the district, which may be a gross pledge or a net pledge of

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such revenues as the board shall in its discretion determine.

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Bonds issued which are payable solely from the revenues of a

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hospital or hospitals of the district shall not be or constitute

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an indebtedness of the district and no approval of the qualified

241

electors or the qualified electors who are freeholders of the

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district shall be required for the issuance of such bonds

243

payable solely from the revenues of such hospital or hospitals.

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The board may also issue bonds payable from the revenues

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derived from a hospital or hospitals of the district, which may

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be either a gross pledge or a net pledge of such revenues. Such

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may be additionally secured by the full faith and credit and

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taxing power of the district, within the limitations of and for

249

the purposes set forth above, to the full extent that the

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revenues derived from the district’s hospital or hospitals are

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insufficient for the payment of the principal and interest of,

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or reserves therefor, or other payments required by the

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proceedings authorizing the issuance of such bonds; provided,

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however, that any bonds pledging the full faith and credit of

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the district as additional security to the revenues derived from

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the hospital or hospitals of the district shall also be

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approved, prior to being issued, by the qualified electors

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residing in the district who are freeholders in the manner

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provided for general obligation bonds above and in the

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constitution and statutes of the state.

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In issuing the revenue bonds, or the combined revenue and

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general obligation bonds, the board may enter into covenants

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with the holders of such bonds relating to the fixing and

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collecting of fees, rentals, or other charges for the use of the

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services and facilities of the hospital or hospitals and the

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maintenance of sufficient fees or other charges to pay the debt

267

service and other payments required in the proceedings

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authorizing the issuance of such revenue bonds or combined

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revenue and general obligation bonds, the board may agree to the

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appointment of a trustee for bondholders, for a receiver of such

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hospital or hospitals upon defaults as provided in the bond

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proceedings. The board may provide for such other covenants,

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terms, and conditions as are necessary and customary in revenue

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bonds and which in the opinion of the board are necessary and

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desirable for the security of the holders of such bonds or the

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marketability of such bonds.

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All bonds issued pursuant to this act, whether general

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obligation bonds, revenue bonds, or combined revenue and general

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obligation bonds, may be authorized by resolution or resolutions

280

of the board, which may be adopted at the same meeting at which

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they are introduced by a majority of all the members of the

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board then in office and need not be published or posted;

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provided, however, that any general obligation bonds or combined

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revenue and general obligation bonds shall be approved by the

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qualified electors who are freeholders residing in the district.

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Bonds shall bear interest at the maximum legal interest rate

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provided by state law for the issue or reissue of bonds,

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certificates, or other obligations of any type or character

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authorized and issued by a county, municipality, district,

290

commission, authority, or any other public body or agency or

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political subdivision of the state; may be in one or more

292

series; may bear such date or dates; may mature at such time or

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times not exceeding 40 years from their respective dates; may be

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payable in such medium of payment, at such place or places

295

within or without the state; may carry such registration

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privileges; may be subject to such terms for prior redemption,

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with or without premium; may be executed in such manner; may

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contain such terms, covenants, and conditions; and may otherwise

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be in such form as such resolution or subsequent resolution

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shall provide. Such bonds may be sold or exchanged for

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refunding bonds, or delivered to contractors in payment for any

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part of the properties acquired or improvements financed by such

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bonds, or delivered and exchanged for any properties, either

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real, personal, or mixed, to be acquired in connection with such

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hospital or hospitals, all at one time or in blocks from time to

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time, in such manner as the board in its discretion shall

307

determine, and at such price or prices, computed according to

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standard tables of bond values, as will yield to the purchaser,

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or the holders of outstanding obligations surrendered in

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exchange for refunding bonds, or the contractors paid with such

311

bonds, or the owners of any properties exchanged for such bonds,

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income at a rate not exceeding the maximum legal interest rate

313

provided by state law for the issue or reissue of bonds,

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certificates or any obligations of any type or character

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authorized and issued by a county, municipality, district,

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commission, authority, or any other public body or agency or

317

political subdivision of the state to the stated maturity dates

318

of the bonds on the moneys paid for the bonds or the principal

319

amount of outstanding obligations exchanged for refunding bonds

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or the amount of any indebtedness to contractors paid with such

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bonds or the value of any properties exchanged for such bonds.

322

The board may also issue refunding bonds to fund or refund

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any bonds issued pursuant to this act or any other law, and such

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refunding bonds shall be subject to all the applicable

325

provisions of this section; provided, however, that no approval

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of the qualified electors who are freeholders residing in the

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district shall be required for the issuance of such refunding

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bonds, except in cases where such approval is required by the

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Constitution of the State of Florida.

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Pending the preparation of the definitive bonds, interim

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certificates or receipts or temporary bonds in such form and

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with such provisions as the board may determine may be issued to

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the purchasers of the bonds issued hereunder. Such bonds or

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interim certificates or receipts or temporary bonds shall be

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fully negotiable and shall be and constitute negotiable

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instruments within the meaning of and for all purposes of the

337

law of the State of Florida.

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Section 8. The board is hereby authorized and empowered to

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own and acquire property by purchase, lease, gift, grant, or

340

transfer, from the county, state, or federal government or any

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subdivision or agency thereof, any municipality, person,

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partnership, or corporation, and to establish, construct, equip,

343

operate, maintain, repair, or lease, hospital facilities in the

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district.

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Section 9. The district is authorized and empowered to

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contract with individuals, partnerships, corporations,

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municipalities, the county, the state, any subdivision or agency

348

thereof in the United States of America, or any subdivision or

349

agency thereof to carry out the purposes of this act, including

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participation in the joint provision with other hospitals and

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health care providers of all manner of inpatient and outpatient

352

facilities and health care services which provide benefit to

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those members of the public served by the hospital or hospitals

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of the district both within and beyond the boundaries of the

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North Brevard County Hospital District and to the extent such

356

participation is consistent with all restrictions contained in

357

the constitution and general laws of the state.

358

Section 10. The board is hereby authorized and empowered,

359

at any time, in its discretion, to establish and maintain, in

360

connection with the district’s hospital or hospitals, and as a

361

part thereof, a training school for nurses and, upon completion

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of a prescribed course of training, shall give to such nurses

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who have satisfactorily completed such training, a diploma. The

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board is also authorized and empowered to set up all rules and

365

regulations necessary for the operation of such nurses’ training

366

school, and to make all necessary expenditures in connection

367

therewith.

368

Section 11. The minutes and acts of the board shall be

369

open to public inspection at reasonable and convenient times at

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the hospital or hospitals of the district on demand of any

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taxpayer in the district. At least once a year the board shall

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cause the financial records and accounts of the district’s

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hospital or hospitals to be audited by a certified public

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accountant authorized to practice public accounting in the

375

state, and shall turn over to the Board of County Commissioners

376

of Brevard County a copy of the audit report.

377

Section 12. The board is empowered to and shall adopt all

378

necessary rules and regulations for the operation of the

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district’s hospital or hospitals, provide for the admission

380

thereto and treatment of such charity patients as apply therefor

381

and who are citizens of Florida and residents of Brevard County

382

for the last 2 preceding years, establish the fees and charges

383

to be made for the admission and treatment therein of other

384

patients, and to establish qualifications for the members of the

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medical profession to be entitled to practice therein.

386

Section 13. The hospital and other medical facilities

387

owned and operated by the board within the district are hereby

388

designated and named the Parrish Medical Center and the prior

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action of the board in adopting this name is hereby ratified and

390

confirmed.

391

Section 14. The board shall have the power to purchase any

392

and all equipment that may be needed for the operation of the

393

district’s hospital or hospitals and shall have the power to

394

appoint and hire such agent or agents, technical experts,

395

attorneys, and all other employees as are necessary for carrying

396

out the purposes of this act and to prescribe their salaries and

397

duties. The board shall have the power to discharge all

398

employees or agents when it shall be deemed by the board

399

necessary for carrying out the purposes of this act.

400

Section 15. The board shall have the power to provide a

401

retirement program for the district's employees, including

402

establishing qualifications for coverage; paying part or all of

403

the cost of such program; contracting with any insurance company

404

licensed to do business in Florida for the establishment and

405

operation of the program; charging its covered employees for the

406

employees' share of the cost of the program; taking such other

407

action as may be necessary to establish and operate the

408

retirement program; and withdrawing by resolution of the board,

409

from the State and County Officers and Employees’ Retirement

410

System of Florida, as established by chapter 122, Florida

411

Statutes. All general, special, or local laws or parts thereof

412

inconsistent herewith, are hereby declared to be inapplicable to

413

the provisions of this act, including specifically section

414

122.061, Florida Statutes, which shall not apply and which is

415

hereby amended insofar as it prohibits the withdrawal of the

416

district and its employees from the retirement system. In the

417

event that the board shall adopt a resolution by which the

418

district and its employees shall be withdrawn from the State and

419

County Officers and Employees’ Retirement System of Florida,

420

such withdrawal shall become effective on the first day of the

421

next month following the adoption of the resolution, and the

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board shall send a certified copy of the resolution to the

423

Secretary of Management Services. Beginning on the first day of

424

the next month following the adoption of the resolution, the

425

district shall not be required to contribute to the State and

426

County Officers and Employees’ Retirement System of Florida, and

427

its employees shall not thereafter be participants in the

428

system. Following the adoption of the resolution, each employee

429

of the district shall be entitled to a refund of 100 percent of

430

his or her contributions previously made to the state retirement

431

system, without interest, and the Department of Management

432

Services shall make such refund to each such employee upon

433

application therefor by each employee, notwithstanding any other

434

provisions of the general law relating to such refund.

435

Section 16. All revenue, profit income, and money received

436

from the conduct of the business or enterprise of the district

437

is to be used and employed in the furtherance of the business

438

for which it is organized.

439

No part of the net earnings of the district shall enure to

440

the benefit, or be distributable to, its members, trustees,

441

officers, or other private persons, except that it shall be

442

authorized and empowered to pay reasonable compensation for

443

services rendered and to make payments and distributions in

444

furtherance of its purposes as set forth in above.

445

No substantial part of the activities of the district shall

446

be carrying on propaganda or otherwise attempting to influence

447

the Legislature, and the North Brevard County Hospital District

448

shall not participate or intervene in any political campaign on

449

behalf of any candidate for public office (including the

450

publication or distribution of statements).

451

Notwithstanding any other provision of this act, the

452

district shall not carry on any other activities not permitted

453

to be carried on by:

454

(a) A corporation exempt from federal income tax under

455

Section 501(c)(3) of the Internal Revenue Code of 1986 (or any

456

other corresponding provisions of any future Internal Revenue

457

Law); or

458

(b) A corporation with respect to which contributions made

459

thereto are deductible under Section 170(c)(2) of the Internal

460

Revenue Code of 1986 (or any other corresponding provisions of

461

any future Internal Revenue Law).

462

Section 17. In the event of dissolution of the district,

463

the residual assets of the district may only be transferred to

464

one or more organizations which are exempt organizations as

465

described in Section 501(c)(3) or Section 170(c)(2) of the

466

Internal Revenue Code of 1986 (or any other corresponding

467

provisions of any future Internal Revenue Law) and which shall

468

have as their primary purpose those same health care

469

responsibilities as then performed by the district, together

470

with other public needs of the district, and shall be required

471

to provide the same annual percentage of charity care, indigent

472

care, and Medicaid care, based on gross revenues, that was

473

provided by the public hospital and reported to the Health Care

474

Cost Containment Board in its most recent reporting cycle, and

475

which shall be jointly approved by the district One (1)

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Commissioner of the Brevard County Board of County Commissioners

477

and four-fifths vote of the City Council of the City of

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Titusville.

479

Notwithstanding the foregoing, in no event shall the board

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sell the hospital facilities without first receiving the

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approval by a majority vote of the duly qualified electors who

482

reside within the district and who vote in the election. Prior

483

to any such sale, such qualified electors shall, by affirmative

484

vote, consent to such sale of the hospital facilities, which

485

consent must also approve the terms and conditions of the sale,

486

and the disposition of the sale proceeds. The vote on this

487

issue may be received at a general or special election to be

488

held within the district, which shall not be called until notice

489

thereof has been published in a newspaper of general circulation

490

within the district once a week for 4 consecutive weeks next

491

prior to the week during which the general or special election

492

will be held. If a majority of the electors who vote in the

493

general or special election vote in favor of the sale of the

494

hospital facilities and if they approve the terms and conditions

495

of the sale, then in that event, the board shall have the

496

authority to consummate the sale upon the terms and conditions

497

thus approved by the electors. In the event that the duly

498

qualified electors do not ratify and approve the sale along with

499

its terms and conditions, the board shall not have the authority

500

to consummate the sale of the hospital facilities.

501

Section 18. The board is hereby authorized and empowered

502

to lease such portions of its property and facilities to third

503

parties when it shall be deemed necessary by the board for

504

carrying out the purposes of this act.

505

Section 19. In the event the board enters into a lease

506

agreement as provided in section 18, the facility shall be

507

required to provide, on an annual basis, not less than the same

508

percentage of the hospital's gross revenues attributed to

509

charity care, indigent care, and Medicaid, previously provided

510

by that hospital as reported to the Hospital Cost Containment

511

Board prior to the execution of the agreement.

512

Section 20. The board is hereby authorized to dispose of

513

surplus real property owned by the district as described herein.

514

The board must hold a public hearing to determine that the real

515

property is not presently needed by the district for carrying

516

out the purposes of this act, that there is not a future need

517

for the property, and that the property should be declared

518

surplus. The public hearing must be held at either a regular

519

meeting or a special meeting called for such purpose after

520

publishing a notice in a newspaper of general circulation

521

specifically describing the real property proposed to be

522

declared surplus, which notice must be published at least 14

523

days prior to the holding of a special meeting. After the board

524

determines by resolution that real property is surplus, it must

525

obtain an appraisal of the property from an independent

526

appraiser. After receipt of the appraisal, the board may

527

negotiate an exchange of the surplus property for other property

528

needed by the district so long as the board obtains

529

consideration equivalent to the appraised value of the surplus

530

property. In the alternative, the board may sell the surplus

531

property after advertising the same for sale in a newspaper of

532

general circulation at least 14 days prior to the date of

533

receipt of bids. The board must require sealed bids, reserving

534

the right to reject all bids. The surplus property may be sold

535

only to the highest bidder for cash.

536

Section 21. The board is hereby authorized and empowered:

537

To the extent permitted by the constitution and laws of

538

this state, to establish, operate, and support a not-for-profit

539

support corporation to assist the board in fulfilling its

540

declared public purpose of provision for the health care needs

541

of the people of the district and the financial stability and

542

well-being of Parrish Medical Center through physician

543

recruitment, patient acquisition, and the providing of medical

544

goods and services and to accomplish such establishment,

545

operation, or support of such not-for-profit support corporation

546

by means of the lending of funds at reasonable rates of

547

interest, leases of real or personal property at reasonable

548

rental rates, grants of funds, or guarantees of indebtedness of

549

such not-for-profit support corporation. The establishment,

550

operation, or support of a not-for-profit support corporation is

551

hereby found and declared to be a public purpose and necessary

552

for the preservation of the public health and for a public use

553

and for the welfare of the board and people of the district. It

554

is the intent of the Legislature to authorize the formation of

555

the support corporation described in this section to further the

556

interests of the residents of the district in maintaining the

557

financial well-being of Parrish Medical Center by providing for

558

the delivery, financing, and support of hospital and nonhospital

559

health care services and related activities to the extent

560

consistent with the financial, patient acquisition, and

561

development needs of the district.

562

Notwithstanding the foregoing grant of authority and

563

powers, the board shall expend funds to the support corporation

564

of the North Brevard County Hospital District only in accordance

565

with the following provisions:

566

(a) That the disbursement of any funds by the district in

567

any form authorized by this act shall only be pursuant to a

568

resolution specifying the health care-related activity for which

569

such funds are to be applied and which is adopted at any regular

570

or special public meeting of the board.

571

(b) That the maximum allowable amount of funds which the

572

board shall be authorized to expend to or for the benefit of the

573

support corporation of the district either in the form of

574

grants, capital, or equity contributions, or loans at reasonable

575

rates of interest shall not exceed in any fiscal year the lesser

576

of the net revenue of the district for its preceding fiscal

577

year, or 2 1/2 percent of the gross revenue of the district for

578

its preceding fiscal year; provided further, that any public tax

579

revenue of the district shall be disregarded in the foregoing

580

formula and such tax revenue shall only be applied to indigent

581

care and the purchase of capital improvements or capital

582

equipment to be owned by the district.

583

584

consistent with the requirements of chapter 119, Florida

585

Statutes, submit to the board and for public inspection all

586

records, to the extent such records are not exempt from the

587

requirements of chapter 119, Florida Statutes, or except to the

588

extent that any private individual or organization having

589

contractual privity with such support corporation has prohibited

590

disclosure in order to maintain the confidentiality of

591

proprietary information of such private individual or

592

organization.

593

(d) That the support corporation of the district shall,

594

consistent with the requirements of chapter 286, Florida

595

Statutes, conduct all meetings open to the public except, and

596

only to the extent a meeting is scheduled and conducted in

597

executive session, in order to discuss the following:

598

1. Property acquisitions;

599

2. Strategic planning;

600

3. Pending or threatened litigation; or

601

4. Matters otherwise exempt by general or special law from

602

the public meeting requirements of chapter 286, Florida

603

Statutes.

604

(e) That the support corporation of the district shall, at

605

least annually, present a report to the City Council of the City

606

of Titusville and a report to the district One County

607

Commissioner of the Brevard County Board of County Commissioners

608

and conduct a public meeting to advise the general public as to

609

its activities in conjunction with and in support of the

610

district.

611

(f) That the support corporation of the district shall,

612

consistent with the procedures and requirements of section

613

11.45, Florida Statutes, submit to the board and for public

614

inspection an annual financial report certified by an

615

independent certified public accountant.

616

(g) That the support corporation of the district shall

617

adopt and maintain without amendment in its articles of

618

incorporation and corporation bylaws, the following express

619

provisions:

620

1. That the support corporation shall exist and conduct

621

its affairs solely to benefit and further the interests of the

622

district.

623

2. That membership in the support corporation shall

624

consist of the following seven voting and nonvoting directors

625

who shall hold office for a 2-year term and may be reappointed:

626

a. The chair of the district, or his or her designee who

627

is a member of the board.

628

b. The chair of the Jess Parrish Medical Foundation, Inc.,

629

Board of Directors, or his or her designee who is a member of

630

the Jess Parrish Medical Foundation, Inc., Board of Directors.

631

c. The chief executive officer of Parrish Medical Center.

632

d. Two residents of the district who shall be elected by a

633

majority vote of the other voting directors and who shall not be

634

members of the board or employees of Parrish Medical Center.

635

e. One ex officio nonvoting director appointed by the City

636

Council of the City of Titusville and who shall be a resident of

637

the City of Titusville and not a member of the board.

638

f. One ex officio nonvoting director appointed by the

639

district One (1) Commissioner of the Board of County

640

Commissioners of Brevard County who shall be a resident of

641

district One (1) and not a member of the board.

642

That the officers and the directors of the support

643

corporation shall comply with all the State of Florida

644

requirements for financial disclosure, provisions for voting on

645

conflicts, and reporting of gifts as is provided by chapters

646

112, 119, and 286, Florida Statutes, except as provided herein.

647

3. That the support corporation shall be expressly

648

prohibited from distributing or providing any financial benefit

649

to or for any director or officer other than reimbursement of

650

reasonable expenses incurred, except reasonable compensation for

651

services rendered by the executive director employed by the

652

support corporation.

653

4. That the support corporation shall be expressly

654

prohibited from employing or otherwise compensating in any

655

manner any current member of the board, or who has been a former

656

member thereof for a period of less than 3 years.

657

5. That the support corporation shall be expressly

658

prohibited from conducting or carrying on propaganda or

659

otherwise attempting to influence the Legislature, or

660

intervening in any political campaign on behalf of any candidate

661

for public office, or any other activity not permitted to be

662

carried on by a corporation exempt from federal income tax under

663

Section 501(c)(3) of the Internal Revenue Code of 1986 (or any

664

other corresponding provisions of any future Internal Revenue

665

Law).

666

(h) That the support corporation of the district shall not

667

in any event adopt any amendment to its articles of

668

incorporation or corporation bylaws inconsistent with the

669

provisions of paragraph (g) or adopt any amendment otherwise

670

permitted until a public notice of such amendment is published

671

in accordance with section 11.02, Florida Statutes, and shall

672

further not implement any such amendment in the event a public

673

referendum is initiated by the signed petition of at least 10

674

percent of the registered electors residing in the district

675

within such notice period and in accordance with the procedures

676

of section 100.371, Florida Statutes.

677

(i) That the support corporation of the district shall

678

adopt and maintain without amendment its articles of

679

incorporation and corporation bylaws, a provision that in the

680

event of the disposition of any surplus or abandoned property by

681

or dissolution of such support corporation, then such property

682

or residual assets shall revert back and be distributed to the

683

district or its lawful successor.

684

(j) To the extent of assets and other financial support

685

transferred or provided to the support corporation by the

686

district, the support corporation shall be required to provide

687

toward charity care, indigent care, and Medicaid not less than

688

the same percentage of such support corporation's financial

689

support as received from the district as equals the percentage

690

provided directly by the district, itself, toward charity care,

691

indigent care, and Medicaid.

692

Further and notwithstanding the foregoing grant of

693

authority and powers, nothing under any authorization granted by

694

this act shall authorize or permit any transfer or delegation by

695

the board of any ownership, lease, management, control, and

696

operating authority thereof to any subsidiary, affiliate, or

697

other entity, except as to assets transferred to the support

698

corporation, as provided for in this section, and any other such

699

transfer or delegation is expressly prohibited.

700

Section 22. The board is hereby authorized and empowered,

701

notwithstanding any language contained elsewhere in this act to

702

the contrary, to establish, construct, equip, operate, and

703

maintain both within and beyond the boundaries of the district

704

and in addition to hospitals, all manner of other health care

705

facilities and all manner of other health care services which

706

promote the public health and the health care needs of those

707

members of the public served by Parrish Medical Center.

708

Section 23. Notwithstanding any other provision of this

709

act which permits the joint participation with other hospitals

710

and health care providers or which permits the establishment or

711

providing of other health care facilities or services beyond the

712

boundaries of the district, the board shall be expressly

713

prohibited from using any funds derived from the assessment of

714

ad valorem taxes on property located within the district to

715

support any such joint participation or to establish or provide

716

any health care facility or health care service beyond the

717

boundaries of the district, it being the express intent of the

718

Legislature that any ad valorem tax funds be used solely toward

719

health care facilities or health care services within the

720

district.

721

Section 4. If any provision of this act or the application

722

thereof to any person or circumstance is held invalid, the

723

invalidity shall not affect the other provisions or applications

724

of the act which can be given effect without the invalid

725

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

726

act are declared severable.

727

Section 5. In the event of a conflict between the

728

provisions of this act and the provisions of any other existing

729

or future general law or special act pertaining to the sale or

730

lease of district facilities, the provisions of this act shall

731

control to the extent of such conflict.

732

Section 6. This act shall be construed as a remedial act

733

and shall be liberally construed to promote the purpose for

734

which it is intended.

735

Section 7. Chapters 28924(1953), 61-1910, 63-1140, 69-870,

736

70-606, 72-478, 73-409, 77-503, 81-347, 87-435, 88-453, 90-489,

737

91-339, 92-226, and 95-502, Laws of Florida, are repealed.

738

Section 8. This act shall take effect upon becoming a law.

739

740