HB 1223 2003
1	A bill to be entitled
2	An act relating to Jackson County Hospital District,
3	Jackson County; codifying special laws relating to the
4	district; amending, codifying, and reenacting all special
5	acts relating to the Jackson County Hospital District as a
6	single act; repealing all prior special acts related to
7	Jackson County Hospital Corporation; renaming the
8	corporation the Jackson County Hospital District;
9	providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Pursuant to section 189.429, Florida Statutes,
14	this act constitutes the codification of all special acts
15	relating to the Jackson County Hospital Corporation. It is the
16	intent of the Legislature in enacting this act to provide a
17	single comprehensive special act charter for the district,
18	including all current authority granted to the district by its
19	several legislative enactments.
20	Section 2. Chapters 19901 (1939), 21312 (1941), 57-1420,
21	61-2289, 69-1165, 71-689, 71-690, 76-389, and 79-483, Laws of
22	Florida, are amended, codified, reenacted, and repealed as
23	provided in this act.
24	Section 3. The charter for the Jackson County Hospital
25	District is re-created and reenacted to read:
26	Section 1. Boundaries of the district.–-This act may be
27	cited as the “Jackson County Hospital District,” which shall
28	comprise and include all the territory within Jackson County,
29	less and except the following described portion thereof:
30	Begin at the SE corner of Section 34, Township 5
31	North, Range 12 West, thence West to the SW corner of
32	Section 31, Township 5 North, Range 12 West; thence
33	North to the NW corner of Section19, Township 5 North,
34	Range 12 West; thence West to the intersection of the
35	South line of Section 13, Township 5 North, Range
36	14West and the center line of Holmes Creek; thence
37	Northeasterly meandering along the center line of
38	Holmes Creek to its intersection with the North line
39	of Section 23, Township 7 North, Range 13 West (being
40	the boundary line between the States of Florida and
41	Alabama); thence East along the boundary line between
42	the states of Florida and Alabama to the intersection
43	of said line with the center line of Marshall Creek in
44	Section 22, Township 7 North, Range 11 West; thence
45	Southeasterly, meandering along the center line of
46	Marshall Creek and the West line of the Chipola River
47	to the intersection of the West line of the Chipola
48	River and the Southline of Section 32, Township 6
49	North, Range 10 West; thence West to the Southwest
50	corner of Section 34, Township 6 North, Range 12 West;
51	thence South to the SE corner of Section 16, Township
52	5 North, Range 12 West; thence East to the NE Corner
53	of Section 22, Township 5 North, Range 12 West; thence
54	South to the SE corner of Section 34, Township 5
55	North, Range 12 West and the Point of Beginning (the
56	excepted property constituting the geographic area of
57	the Campbellton-Graceville Hospital District as
58	established by Section 1 of Chapter 61-2290, Laws of
59	Florida, 1961).
60	Section 2. Purpose of district.–-There is hereby created a
61	public, non-profit independent special district, which is hereby
62	designated as Jackson County Hospital District, for the purposes
63	of erecting, building, equipping, maintaining, and operating at
64	or near Marianna, within the Jackson County Hospital District, a
65	public hospital for the providing of health care services to the
66	citizens and residents of the District and others seeking
67	medical care and treatment at the hospital, to be known as
68	Jackson Hospital. The District is hereby granted authority to
69	erect, build, equip, maintain, and operate the public hospital
70	and related facilities. The number of beds, services, and
71	facilities of the hospital may from time to time be increased,
72	decreased, enlarged, extended, or expanded at the discretion of
73	the District and in compliance with other applicable laws. The
74	purposes of the District in its exercise of the authorities
75	granted in this act are hereby declared to be public purposes.
76	Section 3. Membership and organization of the governing
77	board of the district.--
78	(1) The affairs of the District shall be managed and
79	governed by a board of nine trustees who shall be directors of
80	the District, appointed as hereinafter provided. Each of the
81	trustees shall be a citizen and resident of the Jackson County
82	Hospital District. The trustees named, qualified, and serving
83	shall continue to be trustees for and during the term of their
84	present commission and until their successors shall be named,
85	appointed, and have qualified. The term of office of each
86	successor trustee shall be 4 years. Upon the death,
87	resignation, or removal of any trustee, his or her unexpired
88	term shall be filled by appointment. All trustees of the
89	District shall be appointed by the Governor.
90	(2) The members of the board of trustees, the officers,
91	and the employees of the District having authority to receive
92	and disburse funds belonging to the District shall give bond,
93	payable to the District, conditioned upon their faithful
94	handling and accounting of all such funds received or disbursed
95	by them. The bond shall be in an amount approved by the board
96	of trustees, sufficient to indemnify the District against all
97	losses occasioned by any violation of its terms. The premium
98	for such bond shall be paid by the District.
99	(3) The members of the board of trustees shall serve
100	without compensation but shall be reimbursed for their
101	reasonable and necessary expenses incurred in attending to the
102	affairs and business of the District.
103	(4) The board of trustees shall elect one of its members
104	as chair of the board, who shall preside over meetings thereof
105	and exercise such additional powers as may be authorized in the
106	bylaws of the District.
107	(5) A majority of the members of the board of trustees
108	shall at any regular or called meeting constitute a quorum; and
109	they shall have power to adopt by-laws, and rules and
110	regulations for the government of the District.
111	(6) The provisions of chapter 120, Florida Statutes, shall
112	not apply to the District.
113	(7) The District shall be afforded all the privileges and
114	immunities of section 768.28, Florida Statutes, or its successor
115	in function.
116	Section 4. Powers of the district and its governing
117	body.--
118	(1) The District shall:
119	(a) Have perpetual existence.
120	(b) Be a non-profit organization, its net earnings to be
121	placed in a reserve fund and used and expended only for public
122	hospital and health care purposes or for related charitable,
123	scientific, or educational purposes.
124	(c) Issue no stock or shares and pay no dividends.
125	(2) The board of trustees of the District shall have all
126	of the powers of a body corporate, including, but not limited to
127	the power:
128	(a) To sue and be sued under the name of Jackson County
129	Hospital District, without waiving any privilege or immunity of
130	section 768.28, Florida Statutes.
131	(b) To adopt and use a common corporate seal and to alter
132	the same.
133	(c) To contract and be contracted with; purchase, take,
134	receive, lease, take by gift, grant, devise, or otherwise
135	acquire, own, hold, improve, use, or otherwise deal in and with
136	real or personal property, or any interest therein, wherever
137	situated.
138	(d) To incur liabilities, borrow money at such rates of
139	interest as the District may determine, issue its notes, bonds,
140	or other obligations, and secure any of its obligations by
141	mortgage, pledge, or assignment of all or any of its property,
142	franchises, or income.
143	(e) To sell, convey, mortgage, pledge, lease, exchange,
144	transfer, or otherwise dispose of all or any part of its
145	property and assets.
146	(f) To purchase, take, receive, subscribe for, or
147	otherwise acquire, own, hold, vote, use, employ, sell, mortgage,
148	lend, pledge or otherwise dispose of and otherwise use and deal
149	in and with, shares and other interests in, or obligations of,
150	other domestic or foreign corporations, whether for profit or
151	not for profit, obligations of the United States, or of any
152	other government, state, territory, governmental district,
153	municipality, or of any instrumentality thereof.
154	(g) To lend money for its corporate purposes, invest and
155	reinvest its funds, and take and hold real and personal property
156	as security for the payment of funds so loaned or invested; to
157	make donations for the public welfare or for charitable,
158	scientific, educational, or other similar purposes.
159	(h) To establish, construct, equip, operate, and maintain
160	hospitals and related facilities for limited medical care as, in
161	its opinion, shall be necessary for the use of the citizens and
162	residents of the District and for the public good, the location
163	of such hospitals and related facilities for limited medical
164	care to be determined by the board.
165	(i) To have and exercise all powers necessary, incidental
166	or convenient to effect any or all of the purposes for which the
167	District is organized under the provisions of this act.
168	Provided, however, that any mortgage of the real property of the
169	District shall first be approved by the Board of County
170	Commissioners of Jackson County.
171	(3) The board shall provide for the operation and
172	maintenance of all health care facilities owned, operated, or
173	maintained by the District.
174	(4) The board shall employ and discharge all persons who
175	may be employed by the District or its health care facilities
176	and to fix their salaries. The board may provide for the
177	reimbursement of reasonable and necessary expenses of employees
178	and physicians incurred in attending to the affairs and business
179	of the District. The board may recruit employees and pay
180	reasonable expenses incurred therewith as determined by the
181	board. The board may also grant scholarships to students upon
182	such reasonable terms as determined by the board.
183	(5) The board shall make all appointments to the
184	professional staff and shall grant practice privileges to
185	physicians, dentists, and other appropriate persons. No person
186	shall be appointed to the professional staff or granted
187	privileges to practice at Jackson Hospital unless duly licensed
188	by the appropriate examining agency of the state. The board of
189	trustees shall adopt by laws and rules and regulations
190	promulgating such additional qualifications and criteria with
191	which applicants for privileges and appointment to the
192	professional staff shall be required to comply; providing for
193	delineation, restriction, suspension, and revocation of
194	privileges; and providing for periodic review and reappointment
195	of staff members. Applications for privileges and staff
196	membership shall be submitted in writing, in a manner and form
197	approved by the board. The board shall grant privileges and
198	make appointments only after review of the application and
199	consideration of recommendations from the professional staff.
200	Upon a grant of privileges and appointment to the professional
201	staff, a practitioner shall be entitled to utilize the
202	facilities of the District for the care and treatment of his or
203	her patients, but only in accordance with the by-laws and rules
204	and regulations adopted by the board of trustees and in
205	accordance with the laws of the state.
206	(6) The board shall have power and authority to receive
207	and disburse for the purposes herein authorized all public
208	moneys appropriated to and paid over to the District, as well as
209	other funds received by or on behalf of the District.
210	(7) The board shall further have authority to provide for
211	the prescription of rules and regulations for the treatment and
212	admission of all patients; to prescribe rates, fees, and charges
213	to be made to patients for services provided by the District,
214	and to charge and modify the same from time to time; to
215	determine classes of patients who shall be treated or admitted
216	as free patients or otherwise entitled to uncompensated
217	services, and to adopt statements of policy relating thereto; to
218	sue for and collect all amounts that may reasonably be charged
219	to patients, their families, or other persons legally
220	responsible for such charges rendered in connection with the
221	treatment of patients.
222	(8) The board is hereby authorized, in connection with its
223	activities of constructing, equipping, operating, and
224	maintaining a public hospital and related health care
225	facilities, to enter into such contracts and agreements with
226	governmental agencies, federal, state or local, other hospitals
227	and health care facilities, and other individuals, partnerships,
228	and corporations, whether organized for profit or not for profit
229	as in the opinion of the board of trustees are necessary or
230	appropriate to the accomplishment of the purposes of this act.
231	Any such agreement may provide for the association of the
232	District with one or more agencies, hospitals, or health care
233	facilities for joint participation in acquiring, purchasing, or
234	providing of services, materials, supplies, or facilities
235	necessary or incidental to the purposes of the District.
236	Section 5. Authorization for Jackson County Board of
237	County Commissioners to fund hospitals; source of funds.--
238	(1) The Board of County Commissioners of Jackson County
239	and their successors are hereby charged with the duty of
240	providing revenue for the erection, building, equipping, and
241	maintenance and operation of the aforesaid Jackson Hospital,
242	from year to year, such revenue or moneys representing same to
243	be paid over to the Trustees of said Jackson County Hospital
244	District by, or upon the order of, the Board of County
245	Commissioners of Jackson County, Florida and their successors:
246	Provided, however, that not more than 5 mills on the dollar of
247	ad valorem taxes shall be levied in any given year for the
248	purposes aforesaid.
249	(2) For the purposes of erecting, building, equipment,
250	maintenance, and operation of the said Jackson Hospital, or any
251	of such purposes, there is hereby appropriated to the District
252	$12,000 annually from the funds that are authorized for Jackson
253	County pursuant to section 212.20(6)(d)7., Florida Statutes, or
254	its successor in function.
255	Section 6. Bonds pledging ad valorem taxes.--
256	(1) The governing body of Jackson County is authorized to
257	issue bonds payable from ad valorem taxation and to levy or
258	cause to be levied an ad valorem tax not to exceed 2 mills per
259	annum on all property not otherwise exempt in the hospital
260	district over and above all other taxes authorized or limited by
261	law, sufficient to pay the principal and interest as the same
262	become due on such bonds, which shall be in such form and
263	denomination, bearing an interest rate that does not exceed that
264	authorized by general law. The Board of County Commissioners is
265	authorized to refund any or all such bonds heretofore or
266	hereafter issued for any and all lawful hospital purposes.
267	(2) All bonds of the Jackson County Hospital District,
268	payable from ad valorem taxation and maturing more than 12
269	months after issuance, may be issued only when approved by vote
270	of the electors. The election shall be called and held by the
271	governing body of Jackson County subject to the provisions of
272	general law. In the event it is determined by the Board of
273	Trustees to hold such an election, the governing body of Jackson
274	County shall by resolution order such election to be held in the
275	District, and shall give notice of said election by publication
276	in a newspaper of general circulation within the District. The
277	costs of the election shall be paid by the District, which is
278	hereby authorized to pay or reimburse the governing body of
279	Jackson County for the costs of any election or elections as
280	required by this act.
281	(3) The procedure provided in general law shall govern the
282	calling and conduct of such election.
283	(4) The form of such bonds shall be fixed by resolution of
284	the governing body of Jackson County and the bonds shall be
285	signed by the Chairman of the Board and countersigned by the
286	secretary of the Board under the seal of the District. The
287	coupons, if any, shall be executed by the facsimile signatures
288	of said officers. The delivery, at any subsequent date, of any
289	bond and coupon so executed shall be valid, although before the
290	date of delivery the person signing such bonds or coupons shall
291	cease to hold office.
292	(5) The bonds may be issued in the form and manner as
293	determined by the Board of the District not inconsistent with
294	general law. This act shall be construed to provide complete
295	authority to issue debt in any reasonable form and manner as
296	determined by the Board of the District that are not
297	inconsistent with general law.
298	(6) No resolution or proceeding in respect to the issuance
299	of bonds hereunder shall be necessary, except such as is
300	required by this section and general law.
301	Section 7. District tax exemption.--All property which may
302	be acquired or owned by the said District shall be exempt from
303	taxation of every kind, except that this exemption shall not
304	apply to interest earnings subject to taxation under chapter
305	220, Florida Statutes.
306	Section 8. Liens.--
307	(1) Every individual, partnership, firm, association,
308	corporation, institution, and governmental unit, and every
309	combination of any of the foregoing operating a hospital in
310	Jackson County, shall be entitled to a lien for all reasonable
311	charges for hospital care, treatment, and maintenance of ill or
312	injured persons upon any and all causes of action, suits,
313	claims, counterclaims, and demands accruing to the persons to
314	whom such care, treatment, or maintenance are furnished, or
315	accruing to the legal representatives of such persons, and upon
316	all judgments, settlements, and settlement agreements rendered
317	or entered into by virtue thereof, on account of illness or
318	injuries giving rise to such causes of action, suits, claims,
319	counterclaims, demands, judgments, settlement, or settlement
320	agreements and which necessitated or shall have necessitated
321	such hospital care, treatment, and maintenance.
322	(2) In order to perfect such lien, the executive officer
323	or agent of a hospital, before or within 10 days after any such
324	person shall have been discharged from such hospital, shall file
325	in the office of the clerk of the circuit court of Jackson
326	County a certified claim in writing setting forth the name and
327	address of such patient, as it shall appear on the records of
328	such hospital, the name and location of such hospital, and the
329	name and address of the executive officer or agent of such
330	hospital, the date of admission to and discharge of such patient
331	therefrom, the amount claimed to be due for such hospital care,
332	treatment, and maintenance, and, to the best knowledge of the
333	person signing such claim, the names and addresses of all
334	persons, firms, or corporations claimed by such ill or injured
335	person or by the legal representative of such person, to be
336	liable on account of such illness or injuries; such claimant
337	shall also, within one day after the filing of such claim or
338	lien, mail a copy thereof by registered or certified mail,
339	postage prepaid, to each person, firm or corporation so claimed
340	to be liable on account of such illness or injuries, at the
341	address so given in such statement. The filing of such claim
342	shall be notice thereof to all persons, for injuries, whether or
343	not they are named in such claim or lien, and whether or not a
344	copy of such claim shall have been received by them.
345	(3) The clerk of the circuit court of Jackson County shall
346	endorse on such claim the date and hour of filing, shall provide
347	a hospital lien book with proper index in which he or she shall
348	record such claim, and shall show therein the date and hour of
349	such filing. He or she shall be paid by the claimant as his or
350	her fee for such filing and recording of each claim the sum of
351	$1.50.
352	(4) No release or satisfaction of any action, suit, claim,
353	counterclaim, demand, judgment, settlement, or settlement
354	agreement, or of any of them, shall be valid or effectual as
355	against such lien unless such lienholder shall join therein or
356	execute a release of such lien. Any acceptance of a release or
357	satisfaction of any such cause of action, suit, claim,
358	counterclaim, demand, or judgment and any settlement of any of
359	the foregoing in the absence of a release or satisfaction of the
360	lien referred to in this section shall prima facie constitute an
361	impairment of such lien, and the lienholder shall be entitled to
362	an action at law for damages on account of such impairment, and
363	in such action may recover from the one accepting such release
364	or satisfaction or making such settlement the reasonable cost of
365	such hospital care, treatment, and maintenance. Satisfaction of
366	any judgment rendered in favor of the lienholder in any such
367	action shall operate as a satisfaction of the lien. Any action
368	by the lienholder shall be brought in the court having
369	jurisdiction of the amount of the lienholder's claim and may be
370	brought and maintained in the county wherein the lienholder has
371	his or her, its, or their residence or place of business. If
372	the lienholder shall prevail in such action, the lienholder
373	shall be entitled to recover from the defendant, in addition to
374	costs otherwise allowed by law, all reasonable attorney's fees
375	and expenses incident to the matter.
376	(5) No person shall be entitled to recover or receive
377	damages on account of hospital care, treatment, and maintenance
378	unless he or she shall affirmatively show that he or she has
379	paid the cost thereof. Provided, however, that in any action,
380	suit, or counterclaim brought on account of illness or injury,
381	the plaintiff or counterclaimant may include as an item of
382	damage the cost of such hospital care, treatment, and
383	maintenance, if prior to the trial of the action he or she shall
384	have notified the lienholder referred to in this section of the
385	pendency of such action or counterclaim; whereupon such
386	lienholder shall have the right, without leave of court, to
387	intervene in the case and prove the reasonable cost of such
388	hospital care, treatment, and maintenance. Any verdict that may
389	be rendered in favor of the plaintiff or counterclaimant shall
390	set forth the amount the jury finds to be due the lienholder for
391	such hospital care, treatment, and maintenance and the name of
392	such lienholder. Any judgment rendered in the case in favor of
393	the plaintiff or counterclaimant shall also be in favor of the
394	lienholder in the amount set forth by the jury's verdict. The
395	provisions of this section shall not be applicable to accidents
396	or injuries within the purview of the workers compensation act
397	of this state.
398	Section 9. Financial disclosure; the board.--
399	(1) Requirements for financial disclosure, meeting
400	notices, reporting, and public records, shall be as set forth in
401	chapters 119, 189, 286,and 395, Florida Statutes, as they may be
402	amended from time to time.
403	Section 10. Preparation of budget.--The board of trustees
404	shall provide for the preparation of an annual budget in
405	accordance with generally accepted accounting principles.
406	Section 11. Amendment and dissolution of the
407	district.--The District may be dissolved only by action of the
408	Legislature. This act may not be amended except by action of
409	the Legislature.
410	Section 12. Comprehensive planning.--Except as may
411	otherwise be required by general law, comprehensive planning is
412	not required by this act.
413	Section 4. Notice.--It is found and determined that the
414	notice of intention to apply for this legislation was given in
415	the time, form, and manner required by the Constitution and Laws
416	of the state. Said notice is found to be sufficient and is
417	hereby validated and approved.
418	Section 5. If any provision of this act or its application
419	to any person or circumstance is held invalid, the invalidity
420	does not affect other provisions or applications of the act
421	which can be given effect without the invalid provision or
422	application, and to this end the provisions of this act are
423	declared severable.
424	Section 6. In the event of a conflict of the provisions of
425	this act with the provisions of any other act, the provisions of
426	this act shall control to the extent of such conflict. Except
427	as specifically provided herein, the provisions of this act
428	shall control over the provisions of any other special act or
429	general law.
430	Section 7. Chapters 19901, 21312, 57-1420, 61-2289, 69-
431	1165, 71-689, 71-690, 76-389, and 79-483, Laws of Florida, are
432	repealed.
433	Section 8. This act shall take effect upon becoming a law.