HB 1223 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to Jackson County Hospital District,
12	Jackson County; codifying special laws relating to the
13	district; amending, codifying, and reenacting all special
14	acts relating to the Jackson County Hospital District as a
15	single act; repealing all prior special acts related to
16	Jackson County Hospital Corporation; renaming the
17	corporation the Jackson County Hospital District;
18	providing an effective date.
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20	Be It Enacted by the Legislature of the State of Florida:
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22	Section 1. Pursuant to section 189.429, Florida Statutes,
23	this act constitutes the codification of all special acts
24	relating to the Jackson County Hospital Corporation. It is the
25	intent of the Legislature in enacting this act to provide a
26	single comprehensive special act charter for the district,
27	including all current authority granted to the district by its
28	several legislative enactments.
29	Section 2. Chapters 19901 (1939), 21312 (1941), 57-1420,
30	61-2289, 69-1165, 71-689, 71-690, 76-389, and 79-483, Laws of
31	Florida, are amended, codified, reenacted, and repealed as
32	provided in this act.
33	Section 3. The charter for the Jackson County Hospital
34	District is re-created and reenacted to read:
35	Section 1. Boundaries of the district.--This act may be
36	cited as the “Jackson County Hospital District,” which shall
37	comprise and include all the territory within Jackson County,
38	less and except the following described portion thereof:
39	Begin at the SE corner of Section 34, Township 5
40	North, Range 12 West, thence West to the SW corner of
41	Section 31, Township 5 North, Range 12 West; thence
42	North to the NW corner of Section19, Township 5 North,
43	Range 12 West; thence West to the intersection of the
44	South line of Section 13, Township 5 North, Range
45	14West and the center line of Holmes Creek; thence
46	Northeasterly meandering along the center line of
47	Holmes Creek to its intersection with the North line
48	of Section 23, Township 7 North, Range 13 West (being
49	the boundary line between the States of Florida and
50	Alabama); thence East along the boundary line between
51	the states of Florida and Alabama to the intersection
52	of said line with the center line of Marshall Creek in
53	Section 22, Township 7 North, Range 11 West; thence
54	Southeasterly, meandering along the center line of
55	Marshall Creek and the West line of the Chipola River
56	to the intersection of the West line of the Chipola
57	River and the Southline of Section 32, Township 6
58	North, Range 10 West; thence West to the Southwest
59	corner of Section 34, Township 6 North, Range 12 West;
60	thence South to the SE corner of Section 16, Township
61	5 North, Range 12 West; thence East to the NE Corner
62	of Section 22, Township 5 North, Range 12 West; thence
63	South to the SE corner of Section 34, Township 5
64	North, Range 12 West and the Point of Beginning (the
65	excepted property constituting the geographic area of
66	the Campbellton-Graceville Hospital District as
67	established by Section 1 of Chapter 61-2290, Laws of
68	Florida, 1961).
69	Section 2. Purpose of district.--There is hereby created a
70	public, non-profit independent special district, which is hereby
71	designated as Jackson County Hospital District, for the purposes
72	of erecting, building, equipping, maintaining, and operating at
73	or near Marianna, within the Jackson County Hospital District, a
74	public hospital for the providing of health care services to the
75	citizens and residents of the District and others seeking
76	medical care and treatment at the hospital, to be known as
77	Jackson Hospital. The District is hereby granted authority to
78	erect, build, equip, maintain, and operate the public hospital
79	and related facilities. The number of beds, services, and
80	facilities of the hospital may from time to time be increased,
81	decreased, enlarged, extended, or expanded at the discretion of
82	the District and in compliance with other applicable laws. The
83	purposes of the District in its exercise of the authorities
84	granted in this act are hereby declared to be public purposes.
85	Section 3. Membership and organization of the governing
86	board of the district.--
87	(1) The affairs of the District shall be managed and
88	governed by a board of nine trustees who shall be directors of
89	the District, appointed as hereinafter provided. Each of the
90	trustees shall be a citizen and resident of the Jackson County
91	Hospital District. The trustees named, qualified, and serving
92	shall continue to be trustees for and during the term of their
93	present commission and until their successors shall be named,
94	appointed, and have qualified. The term of office of each
95	successor trustee shall be 4 years. Upon the death,
96	resignation, or removal of any trustee, his or her unexpired
97	term shall be filled by appointment. All trustees of the
98	District shall be appointed by the Governor.
99	(2) The members of the board of trustees, the officers,
100	and the employees of the District having authority to receive
101	and disburse funds belonging to the District shall give bond,
102	payable to the District, conditioned upon their faithful
103	handling and accounting of all such funds received or disbursed
104	by them. The bond shall be in an amount approved by the board
105	of trustees, sufficient to indemnify the District against all
106	losses occasioned by any violation of its terms. The premium
107	for such bond shall be paid by the District.
108	(3) The members of the board of trustees shall serve
109	without compensation but shall be reimbursed for their
110	reasonable and necessary expenses incurred in attending to the
111	affairs and business of the District.
112	(4) The board of trustees shall elect one of its members
113	as chair of the board, who shall preside over meetings thereof
114	and exercise such additional powers as may be authorized in the
115	bylaws of the District.
116	(5) A majority of the members of the board of trustees
117	shall at any regular or called meeting constitute a quorum; and
118	they shall have power to adopt by-laws, and rules and
119	regulations for the government of the District.
120	(6) The provisions of chapter 120, Florida Statutes, shall
121	not apply to the District.
122	(7) The District shall be afforded all the privileges and
123	immunities of section 768.28, Florida Statutes, or its successor
124	in function.
125	Section 4. Powers of the district and its governing
126	body.--
127	(1) The District shall:
128	(a) Have perpetual existence.
129	(b) Be a non-profit organization, its net earnings to be
130	placed in a reserve fund and used and expended only for public
131	hospital and health care purposes or for related charitable,
132	scientific, or educational purposes.
133	(c) Issue no stock or shares and pay no dividends.
134	(2) The board of trustees of the District shall have all
135	of the powers of a body corporate, including, but not limited to
136	the power:
137	(a) To sue and be sued under the name of Jackson County
138	Hospital District, without waiving any privilege or immunity of
139	section 768.28, Florida Statutes.
140	(b) To adopt and use a common corporate seal and to alter
141	the same.
142	(c) To contract and be contracted with; purchase, take,
143	receive, lease, take by gift, grant, devise, or otherwise
144	acquire, own, hold, improve, use, or otherwise deal in and with
145	real or personal property, or any interest therein, wherever
146	situated.
147	(d) To incur liabilities, borrow money at such rates of
148	interest as the District may determine, issue its notes, bonds,
149	or other obligations, and secure any of its obligations by
150	mortgage, pledge, or assignment of all or any of its property,
151	franchises, or income.
152	(e) To sell, convey, mortgage, pledge, lease, exchange,
153	transfer, or otherwise dispose of all or any part of its
154	property and assets.
155	(f) To purchase, take, receive, subscribe for, or
156	otherwise acquire, own, hold, vote, use, employ, sell, mortgage,
157	lend, pledge or otherwise dispose of and otherwise use and deal
158	in and with, shares and other interests in, or obligations of,
159	other domestic or foreign corporations, whether for profit or
160	not for profit, obligations of the United States, or of any
161	other government, state, territory, governmental district,
162	municipality, or of any instrumentality thereof.
163	(g) To lend money for its corporate purposes, invest and
164	reinvest its funds, and take and hold real and personal property
165	as security for the payment of funds so loaned or invested; to
166	make donations for the public welfare or for charitable,
167	scientific, educational, or other similar purposes.
168	(h) To establish, construct, equip, operate, and maintain
169	hospitals and related facilities for limited medical care as, in
170	its opinion, shall be necessary for the use of the citizens and
171	residents of the District and for the public good, the location
172	of such hospitals and related facilities for limited medical
173	care to be determined by the board.
174	(i) To have and exercise all powers necessary, incidental
175	or convenient to effect any or all of the purposes for which the
176	District is organized under the provisions of this act.
177	Provided, however, that any mortgage of the real property of the
178	District shall first be approved by the Board of County
179	Commissioners of Jackson County.
180	(3) The board shall provide for the operation and
181	maintenance of all health care facilities owned, operated, or
182	maintained by the District.
183	(4) The board shall employ and discharge all persons who
184	may be employed by the District or its health care facilities
185	and to fix their salaries. The board may provide for the
186	reimbursement of reasonable and necessary expenses of employees
187	and physicians incurred in attending to the affairs and business
188	of the District. The board may recruit employees and pay
189	reasonable expenses incurred therewith as determined by the
190	board. The board may also grant scholarships to students upon
191	such reasonable terms as determined by the board.
192	(5) The board shall make all appointments to the
193	professional staff and shall grant practice privileges to
194	physicians, dentists, and other appropriate persons. No person
195	shall be appointed to the professional staff or granted
196	privileges to practice at Jackson Hospital unless duly licensed
197	by the appropriate examining agency of the state. The board of
198	trustees shall adopt by laws and rules and regulations
199	promulgating such additional qualifications and criteria with
200	which applicants for privileges and appointment to the
201	professional staff shall be required to comply; providing for
202	delineation, restriction, suspension, and revocation of
203	privileges; and providing for periodic review and reappointment
204	of staff members. Applications for privileges and staff
205	membership shall be submitted in writing, in a manner and form
206	approved by the board. The board shall grant privileges and
207	make appointments only after review of the application and
208	consideration of recommendations from the professional staff.
209	Upon a grant of privileges and appointment to the professional
210	staff, a practitioner shall be entitled to utilize the
211	facilities of the District for the care and treatment of his or
212	her patients, but only in accordance with the by-laws and rules
213	and regulations adopted by the board of trustees and in
214	accordance with the laws of the state.
215	(6) The board shall have power and authority to receive
216	and disburse for the purposes herein authorized all public
217	moneys appropriated to and paid over to the District, as well as
218	other funds received by or on behalf of the District.
219	(7) The board shall further have authority to provide for
220	the prescription of rules and regulations for the treatment and
221	admission of all patients; to prescribe rates, fees, and charges
222	to be made to patients for services provided by the District,
223	and to charge and modify the same from time to time; to
224	determine classes of patients who shall be treated or admitted
225	as free patients or otherwise entitled to uncompensated
226	services, and to adopt statements of policy relating thereto; to
227	sue for and collect all amounts that may reasonably be charged
228	to patients, their families, or other persons legally
229	responsible for such charges rendered in connection with the
230	treatment of patients.
231	(8) The board is hereby authorized, in connection with its
232	activities of constructing, equipping, operating, and
233	maintaining a public hospital and related health care
234	facilities, to enter into such contracts and agreements with
235	governmental agencies, federal, state or local, other hospitals
236	and health care facilities, and other individuals, partnerships,
237	and corporations, whether organized for profit or not for profit
238	as in the opinion of the board of trustees are necessary or
239	appropriate to the accomplishment of the purposes of this act.
240	Any such agreement may provide for the association of the
241	District with one or more agencies, hospitals, or health care
242	facilities for joint participation in acquiring, purchasing, or
243	providing of services, materials, supplies, or facilities
244	necessary or incidental to the purposes of the District.
245	Section 5. Authorization for Jackson County Board of
246	County Commissioners to fund hospitals; source of funds.--
247	(1) The Board of County Commissioners of Jackson County
248	and their successors are hereby charged with the duty of
249	providing revenue for the erection, building, equipping, and
250	maintenance and operation of the aforesaid Jackson Hospital,
251	from year to year, such revenue or moneys representing same to
252	be paid over to the Trustees of said Jackson County Hospital
253	District by, or upon the order of, the Board of County
254	Commissioners of Jackson County, Florida and their successors:
255	Provided, however, that not more than 5 mills on the dollar of
256	ad valorem taxes shall be levied in any given year for the
257	purposes aforesaid.
258	(2) For the purposes of erecting, building, equipment,
259	maintenance, and operation of the said Jackson Hospital, or any
260	of such purposes, there is hereby appropriated to the District
261	$12,000 annually from the funds that are authorized for Jackson
262	County pursuant to section 212.20(6)(d)7., Florida Statutes, or
263	its successor in function.
264	Section 6. Bonds.--
265	(1) The governing body of Jackson County is authorized to
266	issue bonds payable from ad valorem taxation or from other
267	legally available revenues of the county or the district and to
268	pledge therefor, and to levy or cause to be levied an ad valorem
269	tax not to exceed 2 mills per annum on all property not
270	otherwise exempt in the hospital district over and above all
271	other taxes authorized or limited by law, sufficient to pay the
272	principal and interest as the same become due on such bonds,
273	which shall be in such form and denomination, bearing an
274	interest rate that does not exceed that authorized by general
275	law. The Board of County Commissioners is authorized to refund
276	any or all such bonds heretofore or hereafter issued for any and
277	all lawful hospital purposes.
278	(2) All bonds of the Jackson County Hospital District,
279	payable from ad valorem taxation and maturing more than 12
280	months after issuance, may be issued only when approved by vote
281	of the electors. The election shall be called and held by the
282	governing body of Jackson County subject to the provisions of
283	general law. In the event it is determined by the Board of
284	Trustees to hold such an election, the governing body of Jackson
285	County shall by resolution order such election to be held in the
286	District, and shall give notice of said election by publication
287	in a newspaper of general circulation within the District. The
288	costs of the election shall be paid by the District, which is
289	hereby authorized to pay or reimburse the governing body of
290	Jackson County for the costs of any election or elections as
291	required by this act.
292	(3) The procedure provided in general law shall govern the
293	calling and conduct of such election.
294	(4) The form of such bonds shall be fixed by resolution of
295	the governing body of Jackson County and the bonds shall be
296	signed by the Chairman of the Board and countersigned by the
297	secretary of the Board under the seal of the District. The
298	coupons, if any, shall be executed by the facsimile signatures
299	of said officers. The delivery, at any subsequent date, of any
300	bond and coupon so executed shall be valid, although before the
301	date of delivery the person signing such bonds or coupons shall
302	cease to hold office.
303	(5) The bonds may be issued in the form and manner as
304	determined by the Board of the District not inconsistent with
305	general law. This act shall be construed to provide complete
306	authority to issue debt in any reasonable form and manner as
307	determined by the Board of the District that are not
308	inconsistent with general law.
309	(6) No resolution or proceeding in respect to the issuance
310	of bonds hereunder shall be necessary, except such as is
311	required by this section and general law.
312	Section 7. District tax exemption.--All property which may
313	be acquired or owned by the said District shall be exempt from
314	taxation of every kind, except that this exemption shall not
315	apply to interest earnings subject to taxation under chapter
316	220, Florida Statutes.
317	Section 8. Liens.--
318	(1) Every individual, partnership, firm, association,
319	corporation, institution, and governmental unit, and every
320	combination of any of the foregoing operating a hospital in
321	Jackson County, shall be entitled to a lien for all reasonable
322	charges for hospital care, treatment, and maintenance of ill or
323	injured persons upon any and all causes of action, suits,
324	claims, counterclaims, and demands accruing to the persons to
325	whom such care, treatment, or maintenance are furnished, or
326	accruing to the legal representatives of such persons, and upon
327	all judgments, settlements, and settlement agreements rendered
328	or entered into by virtue thereof, on account of illness or
329	injuries giving rise to such causes of action, suits, claims,
330	counterclaims, demands, judgments, settlement, or settlement
331	agreements and which necessitated or shall have necessitated
332	such hospital care, treatment, and maintenance.
333	(2) In order to perfect such lien, the executive officer
334	or agent of a hospital, before or within 10 days after any such
335	person shall have been discharged from such hospital, shall file
336	in the office of the clerk of the circuit court of Jackson
337	County a certified claim in writing setting forth the name and
338	address of such patient, as it shall appear on the records of
339	such hospital, the name and location of such hospital, and the
340	name and address of the executive officer or agent of such
341	hospital, the date of admission to and discharge of such patient
342	therefrom, the amount claimed to be due for such hospital care,
343	treatment, and maintenance, and, to the best knowledge of the
344	person signing such claim, the names and addresses of all
345	persons, firms, or corporations claimed by such ill or injured
346	person or by the legal representative of such person, to be
347	liable on account of such illness or injuries; such claimant
348	shall also, within one day after the filing of such claim or
349	lien, mail a copy thereof by registered or certified mail,
350	postage prepaid, to each person, firm or corporation so claimed
351	to be liable on account of such illness or injuries, at the
352	address so given in such statement. The filing of such claim
353	shall be notice thereof to all persons, for injuries, whether or
354	not they are named in such claim or lien, and whether or not a
355	copy of such claim shall have been received by them.
356	(3) The clerk of the circuit court of Jackson County shall
357	endorse on such claim the date and hour of filing, shall provide
358	a hospital lien book with proper index in which he or she shall
359	record such claim, and shall show therein the date and hour of
360	such filing. He or she shall be paid by the claimant as his or
361	her fee for such filing and recording of each claim the sum of
362	$1.50.
363	(4) No release or satisfaction of any action, suit, claim,
364	counterclaim, demand, judgment, settlement, or settlement
365	agreement, or of any of them, shall be valid or effectual as
366	against such lien unless such lienholder shall join therein or
367	execute a release of such lien. Any acceptance of a release or
368	satisfaction of any such cause of action, suit, claim,
369	counterclaim, demand, or judgment and any settlement of any of
370	the foregoing in the absence of a release or satisfaction of the
371	lien referred to in this section shall prima facie constitute an
372	impairment of such lien, and the lienholder shall be entitled to
373	an action at law for damages on account of such impairment, and
374	in such action may recover from the one accepting such release
375	or satisfaction or making such settlement the reasonable cost of
376	such hospital care, treatment, and maintenance. Satisfaction of
377	any judgment rendered in favor of the lienholder in any such
378	action shall operate as a satisfaction of the lien. Any action
379	by the lienholder shall be brought in the court having
380	jurisdiction of the amount of the lienholder's claim and may be
381	brought and maintained in the county wherein the lienholder has
382	his or her, its, or their residence or place of business. If
383	the lienholder shall prevail in such action, the lienholder
384	shall be entitled to recover from the defendant, in addition to
385	costs otherwise allowed by law, all reasonable attorney's fees
386	and expenses incident to the matter.
387	(5) No person shall be entitled to recover or receive
388	damages on account of hospital care, treatment, and maintenance
389	unless he or she shall affirmatively show that he or she has
390	paid the cost thereof. Provided, however, that in any action,
391	suit, or counterclaim brought on account of illness or injury,
392	the plaintiff or counterclaimant may include as an item of
393	damage the cost of such hospital care, treatment, and
394	maintenance, if prior to the trial of the action he or she shall
395	have notified the lienholder referred to in this section of the
396	pendency of such action or counterclaim; whereupon such
397	lienholder shall have the right, without leave of court, to
398	intervene in the case and prove the reasonable cost of such
399	hospital care, treatment, and maintenance. Any verdict that may
400	be rendered in favor of the plaintiff or counterclaimant shall
401	set forth the amount the jury finds to be due the lienholder for
402	such hospital care, treatment, and maintenance and the name of
403	such lienholder. Any judgment rendered in the case in favor of
404	the plaintiff or counterclaimant shall also be in favor of the
405	lienholder in the amount set forth by the jury's verdict. The
406	provisions of this section shall not be applicable to accidents
407	or injuries within the purview of the workers compensation act
408	of this state.
409	Section 9. Financial disclosure; the board.--
410	(1) Requirements for financial disclosure, meeting
411	notices, reporting, and public records, shall be as set forth in
412	chapters 119, 189, 286,and 395, Florida Statutes, as they may be
413	amended from time to time.
414	Section 10. Preparation of budget.--The board of trustees
415	shall provide for the preparation of an annual budget in
416	accordance with generally accepted accounting principles.
417	Section 11. Amendment and dissolution of the
418	district.--The District may be dissolved only by action of the
419	Legislature. This act may not be amended except by action of
420	the Legislature.
421	Section 12. Comprehensive planning.--Except as may
422	otherwise be required by general law, comprehensive planning is
423	not required by this act.
424	Section 4. Notice.--It is found and determined that the
425	notice of intention to apply for this legislation was given in
426	the time, form, and manner required by the Constitution and Laws
427	of the state. Said notice is found to be sufficient and is
428	hereby validated and approved.
429	Section 5. If any provision of this act or its application
430	to any person or circumstance is held invalid, the invalidity
431	does not affect other provisions or applications of the act
432	which can be given effect without the invalid provision or
433	application, and to this end the provisions of this act are
434	declared severable.
435	Section 6. Chapters 19901, 21312, 57-1420, 61-2289, 69-
436	1165, 71-689, 71-690, 76-389, and 79-483, Laws of Florida, are
437	repealed.
438	Section 7. This act shall take effect upon becoming a law.
439