ENROLLED HB 1219, Engrossed 1 2003 Legislature
   
1 A bill to be entitled
2          An act relating to the North Brevard County Hospital
3    District, a special taxing district in Brevard County;
4    codifying, reenacting, and amending the district’s
5    charter; providing purpose; providing boundaries;
6    establishing the North Brevard County Hospital District
7    Board; providing for membership, procedures, terms of
8    office, removal from office, and filling of vacancies;
9    providing for election of officers of the board; providing
10    for a depository of board funds; authorizing the issuance
11    of bonds; authorizing the establishment, construction,
12    equipping, operation, maintenance, repair, or lease of
13    facilities; providing for ad valorem taxation; authorizing
14    contracts; providing for a training school for nurses;
15    providing for public records; empowering the board to
16    adopt rules and regulations; designating the Parrish
17    Medical Center; providing for purchase of equipment;
18    providing for discharge of employees or agents; providing
19    for an employee retirement program; providing for use of
20    moneys received; providing for transfer of residual assets
21    in the event of dissolution of the district; providing for
22    the sale of hospital facilities under certain
23    circumstances; providing for lease of certain properties
24    to third parties under certain circumstances; providing
25    for disposition of surplus property; authorizing the board
26    to establish a not-for-profit support corporation;
27    providing for expenditure of funds therefor; providing for
28    public records and meetings; providing exceptions;
29    requiring an annual financial report; providing for
30    adoption of provisions relating to the support
31    corporation; providing for directors of the support
32    corporation; providing for terms and financial disclosure;
33    prohibiting certain acts of the support corporation;
34    providing for adoption of articles of incorporation;
35    providing for distribution of assets; prohibiting certain
36    use of funds of the district; providing severability;
37    providing for conflict; providing construction; repealing
38    chapters 28924 (1953), 61-1910, 63-1140, 69-870, 70-606,
39    72-478, 73-409, 77-503, 81-347, 87-435, 88-453, 90-489,
40    91-339, 92-226, and 95-502, Laws of Florida; providing an
41    effective date.
42         
43          Be It Enacted by the Legislature of the State of Florida:
44         
45          Section 1. Pursuant to section 189.429, Florida Statutes,
46    this act constitutes the codification of all special acts
47    relating to the North Brevard County Hospital District. It is
48    the intent of the Legislature in enacting this law to provide a
49    single, comprehensive special act charter for the district,
50    including all current legislative authority granted to the
51    district by its several legislative enactments and any
52    additional authority granted by this act.
53          Section 2. Chapters 28924 (1953), 61-1910, 63-1140, 69-
54    870, 70-606, 72-478, 73-409, 77-503, 81-347, 87-435, 88-453, 90-
55    489, 91-339, 92-226, and 95-502, Laws of Florida, pertaining to
56    the North Brevard County Hospital District, are amended,
57    codified, reenacted, and repealed as herein provided.
58          Section 3. The charter for the North Brevard County
59    Hospital District is re-created and reenacted to read:
60          Section 1. An independent special tax district is hereby
61    created and incorporated, as a political subdivision of the
62    state, to be known as the North Brevard County Hospital District
63    in Brevard County for the purpose of establishing, constructing,
64    equipping, operating and maintaining, repairing, or leasing a
65    hospital or hospitals and the district shall embrace and include
66    that portion of Brevard County described as follows, to wit:
67         
68          Commencing at the Northwest corner of Brevard County,
69    Florida, same being the Northwest corner of Section 6,
70    Township 20 South, Range 34 East; go thence East along
71    the North boundary line of the County of Brevard, same
72    being the South boundary line of Volusia County,
73    Florida, to its intersection with the waters of the
74    Atlantic Ocean; thence Southeasterly along the waters
75    of the Atlantic Ocean to the North line of Section 6,
76    Township 23 South, Range 38 East; thence West to the
77    channel of the Banana River; thence go Northwesterly
78    to the Northeast corner of Section 22, Township 22
79    South, Range 37 East, to Banana Creek; thence Westerly
80    along the channel of Banana Creek to the channel of
81    the Indian River; thence Southerly along the channel
82    of the Indian River to a point on the North line of
83    Sections 19 and 20, Township 23 South, Range 36 East,
84    projected East; thence West along the North boundary
85    line of the Section 19, Township 23 South, Range 36
86    East, and Sections 19, 20, 21, 22, 23, 24, Township 23
87    South, Range 35 East, and Section 24, Township 23
88    South, Range 34 East to the waters of the St. Johns
89    River; thence along the West boundary line of Brevard
90    County, which is also the East boundary line of Orange
91    County, Florida, to a point in Section 1, Township 22
92    South, Range 33 East; where same intersects the South
93    boundary of Volusia County; thence East along the
94    South boundary line of Volusia County, Florida, to the
95    Southwest corner of Section 31, Township 21 South,
96    Range 34 East; thence North continuing along the West
97    boundary of Brevard County, Florida, which is the East
98    boundary line of Volusia County, Florida, to point of
99    beginning."
100         
101          Section 2. The governing body authority of the district
102    shall be known as the North Brevard County Hospital District
103    Board. The board shall constitute a body politic and a body
104    corporate; it may adopt and use a common seal; it may contract
105    and be contracted with; and it may sue and be sued in its
106    corporate name or in the corporate name of the district.
107          The board shall be composed of nine members. The office of
108    each member shall be designated specifically by number as member
109    one through nine. The office of each member shall be for a term
110    of 4 years beginning on the first day of January. Each member
111    shall serve until his or her successor is appointed by the
112    appropriate governing body as hereinafter provided. Any vacancy
113    occurring in any office of a member shall be filled by the
114    appropriate governing body in the manner provided herein for
115    regular appointments for the remainder of the unexpired term of
116    office. All board members shall reside within the boundaries of
117    the district.
118          Board members one, two, and three shall be appointed by the
119    City Council of the City of Titusville.
120          Board members four, five, and seven shall be appointed by
121    the Board of County Commissioners of Brevard County.
122          Board members six, eight, and nine shall be appointed by
123    the Board of County Commissioners of Brevard County subject to
124    confirmation by the City Council of the City of Titusville.
125          In the event any board member ceases to reside within the
126    boundaries of the district, the office of such member shall be
127    deemed vacant as of the date of such change in residence.
128          Any board member may be removed from office in the event a
129    request for removal for violation of policies and procedures
130    established by the board is approved by two-thirds of the
131    membership of the board and in the event the majority of the
132    governing body responsible for appointing such member approves
133    of such removal without the necessity of any requirement of
134    advice and consent as provided herein for an appointment.
135          Section 3. The members of the board shall elect from their
136    number a chair, vice chair, secretary, and treasurer, who shall
137    each hold office for a period of not less than 1 year. The
138    chair, vice chair, secretary, and treasurer shall each execute a
139    bond in the amount of $2,000, endorsed by two good and
140    sufficient sureties or a surety company authorized under the
141    laws of the state, payable to the district board conditioned
142    upon the faithful performance of the duties of the officers,
143    which bonds shall be approved by the remaining members of the
144    board and which shall be filed with the board of county
145    commissioners. The premium of the bonds shall be paid by the
146    board.
147          Section 4. The board shall designate a depository for the
148    funds of the board, and the funds deposited therein shall be
149    withdrawn upon specific authorization as set forth in the
150    minutes of any board meeting. Such funds shall be withdrawn by
151    warrant signed by the chair and countersigned by the secretary,
152    or their duly authorized alternates. The board may designate
153    the administrator or business manager to sign warrants covering
154    bills for all routine items having prior board approval in the
155    current budget.
156          Section 5. Members of the board shall receive no
157    compensation for their services. A majority of the members of
158    the board then holding office shall constitute a quorum of the
159    board for the purpose of conducting its business and exercising
160    its powers and for all other purposes. Action may be taken by
161    the board only upon the affirmative vote of a majority of the
162    members of the board then holding office and present and
163    constituting a quorum; provided, however, that any resolution
164    authorizing the issuance of bonds, notes, or other obligations
165    shall be adopted by the affirmative vote of not less than a
166    majority of the members of the board then holding office. The
167    board is authorized to construct, equip, operate, maintain,
168    repair, or lease a hospital or hospitals in the district. The
169    hospital or hospitals so established, constructed, equipped,
170    operated, maintained, repaired, or leased will be for the
171    preservation of public health and for public good, and for the
172    use of the public of the district. The establishment,
173    construction, equipping, operation, maintenance, repairing, or
174    leasing of such hospital or hospitals within the district is
175    hereby found and declared to be a public purpose and a necessity
176    for the preservation of the public health and for the public use
177    and for the welfare of the district and the inhabitants thereof.
178          Section 6. It shall be the duty of the board, not later
179    than July 15, to determine the amount required during the
180    ensuing fiscal year for the purpose of establishing,
181    constructing, equipping, operating, maintaining, repairing, or
182    leasing of the hospital or hospitals, or for the payment of debt
183    service and reserves on bonds, notes, or other obligations
184    issued by the district, or reserves therefor, or for any one or
185    more of the above purposes. Such determination shall be by
186    resolution of the board and it shall be the duty of the chair
187    and the secretary of the board to certify to the Board of County
188    Commissioners of Brevard County the amount required, which shall
189    be provided by an ad valorem tax levied by the Board of County
190    Commissioners of Brevard County on all taxable real and personal
191    property in the district for the ensuing fiscal year for the
192    hospital fund. The Board of County Commissioners of Brevard
193    County, upon being furnished a certified copy of the resolution
194    of the board regarding the amount required for its stated
195    purposes, shall levy the necessary ad valorem taxes on all the
196    taxable real and personal property within the district to raise
197    the required amount, provided such millage shall not exceed 5
198    mills on the dollar of the assessed valuation of the taxable
199    real and personal property situated in the district in Brevard
200    County, less all such property exempt from taxation by the
201    Florida Constitution; and further provided that the board, in
202    issuing any bonds, notes, or other obligations as hereinafter
203    provided, may covenant with the holders of such bonds, notes, or
204    other obligations that such holders shall have a first lien on
205    all such ad valorem taxes levied for the payment of such bonds,
206    notes, or other obligations. The resolution of the board above
207    shall be adopted and a certified copy thereof shall be filed
208    with the Board of County Commissioners of Brevard County not
209    less than 10 days prior to the time fixed by law for the levy of
210    general county taxes.
211          Section 7. Wherever in this section the word bonds is
212    used, such word shall mean bonds, notes, or other obligations
213    issued by the district. The board shall have power to issue
214    bonds, notes, or other obligations of the district for which the
215    full faith and credit and taxing power of the district shall be
216    pledged, within the limitations herein set forth, for the
217    purpose of paying the cost or part of the cost of the
218    construction, acquisition, extension, improvement, or repairing
219    and equipping of any hospital or hospitals in the district.
220    Such bonds shall be general obligations of the district and
221    shall not be issued until the issuance thereof has been duly
222    approved by the qualified electors residing within the district
223    who are freeholders in the manner provided in the constitution
224    and statutes of the state relating to bond elections. Such bond
225    elections shall be held in the manner provided in the general
226    election laws of the state for bond elections in special tax
227    districts and shall be called to be held in the district by the
228    board of county commissioners of the county upon the request of
229    the board.
230          The board shall also have power to issue revenue bonds of
231    the district for the purpose of paying all or part of the cost
232    of the construction, acquisition, extension, improvement, or
233    repairing and equipping of a hospital or hospitals in the
234    district, and the issuance of any revenue bonds of the district
235    payable solely from the revenues of a hospital or hospitals in
236    the district, which may be a gross pledge or a net pledge of
237    such revenues as the board shall in its discretion determine.
238    Bonds issued which are payable solely from the revenues of a
239    hospital or hospitals of the district shall not be or constitute
240    an indebtedness of the district and no approval of the qualified
241    electors or the qualified electors who are freeholders of the
242    district shall be required for the issuance of such bonds
243    payable solely from the revenues of such hospital or hospitals.
244          The board may also issue bonds payable from the revenues
245    derived from a hospital or hospitals of the district, which may
246    be either a gross pledge or a net pledge of such revenues. Such
247    may be additionally secured by the full faith and credit and
248    taxing power of the district, within the limitations of and for
249    the purposes set forth above, to the full extent that the
250    revenues derived from the district’s hospital or hospitals are
251    insufficient for the payment of the principal and interest of,
252    or reserves therefor, or other payments required by the
253    proceedings authorizing the issuance of such bonds; provided,
254    however, that any bonds pledging the full faith and credit of
255    the district as additional security to the revenues derived from
256    the hospital or hospitals of the district shall also be
257    approved, prior to being issued, by the qualified electors
258    residing in the district who are freeholders in the manner
259    provided for general obligation bonds above and in the
260    constitution and statutes of the state.
261          In issuing the revenue bonds, or the combined revenue and
262    general obligation bonds, the board may enter into covenants
263    with the holders of such bonds relating to the fixing and
264    collecting of fees, rentals, or other charges for the use of the
265    services and facilities of the hospital or hospitals and the
266    maintenance of sufficient fees or other charges to pay the debt
267    service and other payments required in the proceedings
268    authorizing the issuance of such revenue bonds or combined
269    revenue and general obligation bonds, the board may agree to the
270    appointment of a trustee for bondholders, for a receiver of such
271    hospital or hospitals upon defaults as provided in the bond
272    proceedings. The board may provide for such other covenants,
273    terms, and conditions as are necessary and customary in revenue
274    bonds and which in the opinion of the board are necessary and
275    desirable for the security of the holders of such bonds or the
276    marketability of such bonds.
277          All bonds issued pursuant to this act, whether general
278    obligation bonds, revenue bonds, or combined revenue and general
279    obligation bonds, may be authorized by resolution or resolutions
280    of the board, which may be adopted at the same meeting at which
281    they are introduced by a majority of all the members of the
282    board then in office and need not be published or posted;
283    provided, however, that any general obligation bonds or combined
284    revenue and general obligation bonds shall be approved by the
285    qualified electors who are freeholders residing in the district.
286    Bonds shall bear interest at the maximum legal interest rate
287    provided by state law for the issue or reissue of bonds,
288    certificates, or other obligations of any type or character
289    authorized and issued by a county, municipality, district,
290    commission, authority, or any other public body or agency or
291    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
293    times not exceeding 40 years from their respective dates; may be
294    payable in such medium of payment, at such place or places
295    within or without the state; may carry such registration
296    privileges; may be subject to such terms for prior redemption,
297    with or without premium; may be executed in such manner; may
298    contain such terms, covenants, and conditions; and may otherwise
299    be in such form as such resolution or subsequent resolution
300    shall provide. Such bonds may be sold or exchanged for
301    refunding bonds, or delivered to contractors in payment for any
302    part of the properties acquired or improvements financed by such
303    bonds, or delivered and exchanged for any properties, either
304    real, personal, or mixed, to be acquired in connection with such
305    hospital or hospitals, all at one time or in blocks from time to
306    time, in such manner as the board in its discretion shall
307    determine, and at such price or prices, computed according to
308    standard tables of bond values, as will yield to the purchaser,
309    or the holders of outstanding obligations surrendered in
310    exchange for refunding bonds, or the contractors paid with such
311    bonds, or the owners of any properties exchanged for such bonds,
312    income at a rate not exceeding the maximum legal interest rate
313    provided by state law for the issue or reissue of bonds,
314    certificates or any obligations of any type or character
315    authorized and issued by a county, municipality, district,
316    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
320    or the amount of any indebtedness to contractors paid with such
321    bonds or the value of any properties exchanged for such bonds.
322          The board may also issue refunding bonds to fund or refund
323    any bonds issued pursuant to this act or any other law, and such
324    refunding bonds shall be subject to all the applicable
325    provisions of this section; provided, however, that no approval
326    of the qualified electors who are freeholders residing in the
327    district shall be required for the issuance of such refunding
328    bonds, except in cases where such approval is required by the
329    Constitution of the State of Florida.
330          Pending the preparation of the definitive bonds, interim
331    certificates or receipts or temporary bonds in such form and
332    with such provisions as the board may determine may be issued to
333    the purchasers of the bonds issued hereunder. Such bonds or
334    interim certificates or receipts or temporary bonds shall be
335    fully negotiable and shall be and constitute negotiable
336    instruments within the meaning of and for all purposes of the
337    law of the State of Florida.
338          Section 8. The board is hereby authorized and empowered to
339    own and acquire property by purchase, lease, gift, grant, or
340    transfer, from the county, state, or federal government or any
341    subdivision or agency thereof, any municipality, person,
342    partnership, or corporation, and to establish, construct, equip,
343    operate, maintain, repair, or lease, hospital facilities in the
344    district.
345          Section 9. The district is authorized and empowered to
346    contract with individuals, partnerships, corporations,
347    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
350    participation in the joint provision with other hospitals and
351    health care providers of all manner of inpatient and outpatient
352    facilities and health care services which provide benefit to
353    those members of the public served by the hospital or hospitals
354    of the district both within and beyond the boundaries of the
355    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
362    of a prescribed course of training, shall give to such nurses
363    who have satisfactorily completed such training, a diploma. The
364    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
370    the hospital or hospitals of the district on demand of any
371    taxpayer in the district. At least once a year the board shall
372    cause the financial records and accounts of the district’s
373    hospital or hospitals to be audited by a certified public
374    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
379    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
385    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
389    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
422    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)
476    Commissioner of the Brevard County Board of County Commissioners
477    and four-fifths vote of the City Council of the City of
478    Titusville.
479          Notwithstanding the foregoing, in no event shall the board
480    sell the hospital facilities without first receiving the
481    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          (c) That the support corporation of the district shall,
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