HB 1457 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to Halifax Hospital Medical Center,
13	Volusia County; codifying, reenacting, and amending the
14	charter of the Halifax Hospital Medical Center special tax
15	district; providing for boundaries of the district;
16	establishing a Board of Commissioners; providing for
17	membership and appointment; providing powers and duties of
18	the board; providing for meetings of the board;
19	authorizing the district to establish, construct, operate,
20	and maintain hospitals, medical facilities, and services;
21	providing that the district shall have the power of
22	eminent domain; authorizing the district to perform
23	certain functions in order to carry out the purposes of
24	the act; providing for the issuance of bonds and
25	procedures relating thereto; authorizing the district to
26	levy and collect certain taxes; authorizing officers of
27	the district to sign checks and warrants; providing
28	procedure for levy and collection of taxes; providing for
29	the payment of expenses; requiring the establishment of
30	revenue accounts; requiring the district to provide care
31	and services for the medically indigent; providing for
32	liberal construction; exempting property of the district
33	from taxation; requiring an annual financial audit of the
34	books and records of the district; providing for employee
35	benefits; providing for competitive bidding; providing an
36	alternative to bidding procedure; providing an exception;
37	authorizing the board to designate a direct-support
38	organization; providing for severability; repealing
39	chapters 79-577, 79-578, 84-539, 89-409, and 91-352, Laws
40	of Florida; providing an effective date.
41
42	Be It Enacted by the Legislature of the State of Florida:
43
44	Section 1. Pursuant to section 189.429, Florida Statutes,
45	this act constitutes the codification of all special acts
46	relating to the Halifax Hospital Medical Center special tax
47	district. It is the intent of the Legislature to provide a
48	single, comprehensive special act charter for said district,
49	including all current legislative authority granted to the
50	district by its several legislative enactments and any
51	additional authority granted by this act and chapter 189,
52	Florida Statutes, as they may be amended from time to time. It
53	is further the intent of this act to preserve all district
54	authority.
55	Section 2. Chapters 79-577, 79-578, 84-539, 89-409, and
56	91-352, Laws of Florida, relating to the Halifax Hospital
57	Medical Center special tax district are codified, reenacted,
58	amended, and repealed as herein provided.
59	Section 3. The charter for the Halifax Hospital Medical
60	Center special tax district is re-created and reenacted to read:
61	Section 1. A special tax district is hereby created to be
62	known as “Halifax Hospital Medical Center” in Volusia County,
63	Florida, which district shall include all of Volusia County
64	except those parts described below:
65
66	Beginning at the point of intersection of the main
67	channel of Mosquito Inlet and the Atlantic Ocean,
68	thence run Southeasterly with the shore of the
69	Atlantic Ocean to the point of intersection with the
70	South line of Township 19S, thence West with said
71	Township line to the Southwest corner of Section 34,
72	Township 19S, Range 33E, thence North to the Northwest
73	corner of Section 3, Township 19S, Range 33E, thence
74	West along the South line of Township 18S, Range 33E,
75	to the Southwest corner of said Township 18S, Range
76	33E, thence north with West line of Township 18S,
77	Range 33E, to the Northwest corner of said Township
78	18S, Range 33E, thence West along line between
79	Townships 17S and 18S to the Southwest corner of
80	Township 17S, Range 32E, thence along the Range line
81	between Ranges 31E and 32E North to the Northwest
82	corner of Township 17S, Range 32E, thence East along
83	the North line of Township 17S, Range 32E to the point
84	of intersection with the South fork of Spruce Creek,
85	thence Northerly and Easterly along Spruce Creek to
86	the point of intersection with the main channel of the
87	Halifax River, thence Southerly and Easterly along the
88	main channel of the Halifax River and the main channel
89	of Mosquito Inlet to the point of beginning. All the
90	above described property lying and being in County of
91	Volusia, State of Florida.
92
93	Commencing at a point on the East Shore of Lake George
94	where same is intersected by the Putnam-Volusia County
95	line and run Northeasterly with said line to be the
96	Southernmost point of Lake Crescent; thence East with
97	shore line of Lake Crescent to the mouth of Hawk
98	Creek; thence up said Creek to its intersection with
99	the East line of Range 28 East; run thence South with
100	said Range line (it being the Flagler-Volusia County
101	line) to the Northwest corner of Section 30, Township
102	14 South, Range 29 East; thence run East 12 miles to
103	the Northeast corner of Section 25, Township 14 South,
104	Range 30 East; thence run South two miles to the
105	Southeast corner of Township 14 South, Range 30 East;
106	thence run West along said Township line to the
107	Northeast corner of Township 15 South, Range 30 East;
108	thence run South with the range line between Ranges 30
109	and 31 East about six miles to the Southeast corner of
110	Township 15 South, Range 30 East, run thence East
111	along the North line of Township 16 South, Range 31
112	East about six miles to the Northeast corner of said
113	Township 16 South, Range 31 East; run thence South on
114	the range line between Ranges 31 and 32 East about
115	twelve miles to the Southeast corner of Township 17
116	South, Range 31 East; run thence East with the line
117	between Township 17 and 18 South to the Northeast
118	corner of Township 18 South, Range 32 East; run thence
119	South on the range line between Ranges 32 and 33 East
120	to the Southeast corner of Township 18 South, Range 32
121	East; run thence East on the line between Township 18
122	South, Range 33 East and Township 19 South, Range 33
123	East about three miles to the Northeast corner of
124	Section 4 of Township 19 South, Range 33 East. Run
125	thence South on the East line of Sections 4-9-16-21-28
126	and 33. Township 19 South, Range 33 East to the
127	Southeast corner of Section 33, Township 19, South
128	Range 33 East; run thence East on the line between
129	Township 19 South, Range 33 East and Township 20
130	South, Range 33 East to the Northeast corner of
131	Township 20 South, Range 33 East; run thence South on
132	the East line of Township 20 South, Range 33 East and
133	along the East line of Township 21 South, Range 33
134	East to the Southeast corner of Section 36, Township
135	21 South, Range 33 East, run thence West along a South
136	line of Township 21 South, Range 33 East to the
137	intersection of said Township line with the St. Johns
138	River; thence run down the St. Johns River in a
139	generally Northwesterly direction to Lake George and
140	with the East Shore line of said Lake George to the
141	place of beginning.
142
143	Section 2. (1) The governing body of the district shall
144	be a Board of Commissioners which shall consist of seven
145	members, each of whom shall be a resident of the district and
146	appointed by the Governor. Except with respect to those
147	appointees who shall be appointed to serve terms ending on the
148	dates specified herein, each commissioner shall be appointed for
149	a term of 4 years. The appointments which must be made with
150	respect to the four commissioners whose terms end in May of 1985
151	shall be made with two commissioners being appointed for terms
152	ending May 23, 1986, and two commissioners being appointed for
153	regular 4-year terms. With respect to the appointments which
154	must be made for the three commissioners whose terms end in May
155	1987, two commissioners shall be appointed for regular 4-year
156	terms and one commissioner shall be appointed for a term ending
157	May 23, 1988.
158	(2) The Governor may suspend a commissioner pursuant to
159	section 7, Article IV of the State Constitution. Each
160	commissioner shall give bond to the Governor conditioned on the
161	officer’s faithful performance of the duties of his or her
162	office, in the sum of $5,000, with a surety company approved by
163	the district and qualified to do business in Florida. The bond
164	shall be approved and filed with the Clerk of the Circuit Court
165	of Volusia County. The premiums on each bond shall be paid by
166	the district.
167	Section 3. The district shall have all powers of a body
168	corporate, including, but not limited to, the power to sue and
169	be sued; to enter into contracts; to adopt and use a common
170	seal; to establish corporations pursuant to chapter 617, Florida
171	Statutes, under the control of the district; to enter into
172	capital or operating leases; and to acquire, purchase, hold,
173	lease, and convey such real and personal property as may be
174	proper or expedient to carry out the purposes of this act. The
175	district shall have the power to employ a chief executive
176	officer or such other agents and employees as it deems may be
177	advisable to operate and manage the district’s facilities; to
178	borrow money and issue notes, bonds, and other evidences of
179	indebtedness to carry out the provisions of this act; to foster
180	community redevelopment within the district through financial
181	contribution with the community redevelopment trust fund; and to
182	accept promissory notes and voluntary liens to evidence and
183	secure payment for health care services rendered to patients
184	whenever patients are unable to pay their bills in full when
185	payment is due.
186	Section 4. Four of the commissioners shall constitute a
187	quorum, but no action, except to recess or adjourn, shall be
188	effective unless four of the commissioners concur therein. The
189	Board of Commissioners shall keep true and accurate minutes and
190	records of all business transacted by it. The minutes, records,
191	and books of account shall at all reasonable times be open and
192	subject to inspection and copying by the public, pursuant to
193	section 119.07, Florida Statutes.
194	Section 5. The district may establish, construct, operate,
195	and maintain such hospitals, medical facilities, and other
196	health care facilities and services as are necessary. The
197	hospitals, medical facilities, and other health care facilities
198	and services shall be established, constructed, operated, and
199	maintained by the district for the preservation of the public
200	health, for the public good, and for the use of the public of
201	the district. Maintenance of such hospitals, medical facilities,
202	and other health care facilities and services in the district is
203	hereby found and declared to be a public purpose and necessary
204	for the general welfare of the residents of the district.
205	Section 6. The district shall have the power of eminent
206	domain, and it may condemn and acquire any real or personal
207	property within the district which the board may deem necessary
208	for the use of the district. The power of condemnation shall be
209	exercised in the same manner as is now or may be provided by
210	general law for the exercise of the power of eminent domain by
211	counties of the state, including the right to take possession
212	and title in advance of final judgment under the procedures set
213	forth in chapter 74, Florida Statutes.
214	Section 7. In order to carry out the purposes of this act:
215	(1) The district may borrow money and execute promissory
216	notes having a term of up to 7 years and may enter into credit
217	purchase agreements having a term of up to 7 years. The
218	district may determine with respect to such notes or credit
219	purchase agreements the initial principal amounts and may set
220	terms and rates of interest.
221	(2) The district may facilitate fair and consistent
222	delivery of health care services to indigent persons by charging
223	for indigent care services on the same sliding scale used by the
224	Volusia County Health Department.
225	(3) The district may form both not-for-profit and for-
226	profit corporations. The for-profit corporations may only
227	engage in health care-related activities. Only the not-for-
228	profit corporations may be capitalized by the district and
229	financially supported by the district. Neither the district nor
230	a not-for-profit corporation formed by the district may
231	capitalize for-profit corporations, but this shall not prohibit
232	the district or its not-for-profit corporations from entering
233	good faith agreements to receive from such for-profit
234	corporations services, goods, and facilities, as long as the
235	charge for such services, goods, and facilities is at fair
236	market value. The district shall not hold in its name corporate
237	stock issued by any for-profit corporation established by the
238	district, but the stock of such for-profit corporations may be
239	held by a not-for-profit corporation established by the district
240	or by a third party in trust for the district under a written
241	trust agreement.
242	(4) The not-for-profit corporations and the for-profit
243	corporations established by the district may be stockholders
244	which may enter into joint ventures and other cooperative
245	projects with third-party individuals and entities as long as:
246	(a) Any assets of the not-for-profit corporation which are
247	provided by the district are not liened, collateralized,
248	mortgaged, subject to a security interest, or otherwise put at
249	risk.
250	(b) The district’s credit is not pledged or lent to or for
251	the benefit of the joint venture or other cooperative projects.
252	(c) The district itself is not directly involved as a
253	shareholder, joint venturer, or partner. The fact that a
254	corporation established by the district is a shareholder, joint
255	venturer, or other type of participant in a business or
256	cooperative project shall not, alone, subject that business or
257	cooperative project to requirements of chapter 119, Florida
258	Statutes, or chapter 286, Florida Statutes.
259	(5) The district may issue tax anticipation notes and
260	neither validation proceedings nor referendum approval is
261	necessary with respect to tax anticipation notes with a maturity
262	date not more than 12 months after their date of issuance.
263	(6) The district shall maintain commercial insurance,
264	establish a risk retention program consisting of self-insurance
265	plans, or utilize a combination of commercial insurance and
266	self-insurance plans to protect against those risks of less
267	commonly insured against by businesses and organizations
268	carrying out the health care functions provided by the district.
269	Such commercial insurance and/or self-insurance plans shall be
270	in such amounts as deemed prudent under the circumstances by the
271	district’s insurance consultant. The district may develop a
272	risk retention program consisting of separate self-insurance
273	plans for the following risks: general liability, errors and
274	omissions, medical professional liability, including the
275	district’s “shared risk” of joint and several liability with
276	medical physicians, workers’ compensation, and employee medical
277	benefits.
278	(7) Each self-insurance plan established or sponsored by
279	the district shall be funded on an annual basis in an amount at
280	least equal to that sum jointly established by the hospital's
281	CEO and the district's insurance consultant as needed to
282	maintain the plan's solvency for the applicable plan year. In
283	making such determination, the insurance consultant and the CEO
284	shall include “incurred but not reported” claims in the reserves
285	against claims. The self-insurance plans within the risk
286	retention program may be established and funded utilizing a
287	single trust as long as the cost of risk for each self-insurance
288	plan is separately accounted for and reported. If necessary or
289	beneficial for legal or actuarial purposes, the separate self-
290	insurance plans within the risk retention program may be
291	established utilizing separate trusts or separate not-for-profit
292	corporations.
293	(8) Protecting the district and its assets through
294	commercial insurance or through a risk retention program
295	consisting of self-insurance plans or through a combination of
296	commercial insurance and self-insurance plans is an essential
297	governmental function. The fact that hospital employees, their
298	beneficiaries, or other third parties receive incidental
299	benefits as a result of the commercial insurance or self-
300	insurance plans purchased, established, or sponsored by the
301	district shall not be a basis for asserting such commercial
302	insurance or such plan within the risk retention program is not
303	primarily for the benefit of the district or is not an essential
304	governmental function as long as any third party receiving such
305	incidental benefit pays its fair and equitable share of the
306	district’s total costs for insuring or self-insuring the risks.
307	(9) Nothing herein shall be interpreted as prohibiting the
308	district from purchasing other commercial insurance or
309	establishing or sponsoring other self-insurance plans under its
310	risk retention program.
311	Section 8. (1) The district may, by resolution of the
312	board, authorize the issuance of bonds for the purposes set
313	forth in this act, and for the acquisition and development of
314	real property, including appurtenances, fixtures, and equipment,
315	and for major repairs or renovations to real property which
316	significantly extend its useful life or change its function, and
317	for any necessary operating capital outlay to furnish and
318	operate a new or improved facility. The bonds may be revenue
319	bonds payable from ad valorem taxes, or bonds payable from a
320	combination of the two; provided, however, that no bonds either
321	pledging the full faith and credit of the district, or pledging
322	the taxing power thereof, except refunding bonds issued at a
323	lower net average interest cost rate, shall be issued unless the
324	issuance has been approved in a referendum by a majority vote of
325	the electors of the district voting on the question. Nothing
326	herein shall limit any rights the district has or may have under
327	general law.
328	(2) Pursuant to resolution of the board, such bonds may:
329	(a) Be issued in either coupon or registered form or both.
330	(b) Have dates of maturity not exceeding 40 years after
331	the date of issuance.
332	(c) Bear interest at a rate to be determined by the board.
333	(d) Provide for registration of coupon bonds and
334	conversion and reconversion of bonds from coupon to registered
335	form or from registered form to coupon form.
336	(e) Provide for payment at maturity and redemption prior
337	to maturity at specified times and prices.
338	(f) Be payable at specified places within or without the
339	state.
340	(3) Bonds shall be signed by such officers of the board or
341	district as shall be required by resolution of the board. The
342	signatures may be manual or facsimile signatures, but at least
343	one of the signatures shall be a manual signature. The coupons
344	shall be signed with the facsimile signatures of such officials
345	of the board as the board shall determine. In case any officer
346	whose signature or facsimile of whose signature appears on any
347	bonds or coupons ceases to be such officer before delivery of
348	the bonds or coupons, his or her signature or facsimile
349	signature shall nevertheless be valid and sufficient for all
350	purposes as fully and to the same extent as if he or she had
351	remained in office until delivery.
352	(4) All bonds shall be exempt from all state, county, and
353	city taxation.
354	(5) All bonds issued pursuant to this act shall be and
355	have, and are hereby declared to be and have, all the qualities
356	and incidents of negotiable instruments under the Uniform
357	Commercial Code--Investment Securities Law of the state.
358	(6) The board may sell the bonds in such a manner and at
359	such prices as the board may determine to be in the best
360	interest of the district, but not, however, at less than 95
361	percent of par value.
362	(a) The bonds may be sold either at negotiated or public
363	sale as determined by the board to be in the best interest of
364	the district.
365	(b) If the bonds are to be sold at public sale:
366	1. Notice of the sale shall be published at least once at
367	least 10 days prior to the date of sale in one or more
368	newspapers or financial journals published within or without the
369	state and shall contain such terms as the board shall deem
370	advisable and proper under the circumstances; provided that if
371	no bids are received at the time and place called for by the
372	notice of sale, or if all bids received are rejected, the bonds
373	may again be offered for sale upon a shorter period of
374	reasonable notice provided for by resolution of the board.
375	2. All bids for the purchase of any bonds offered for sale
376	by the board shall be opened in public. Such bonds shall be
377	awarded by resolution of the board to the bidder offering to
378	purchase such bonds at the lowest net interest cost, such cost
379	to be determined by deducting the total amount of premium bid
380	from or adding the total amount of discount bid to the aggregate
381	amount of interest which will accrue on such bonds until their
382	respective maturities, without reference to any provisions for
383	prior redemption of such bonds.
384	3. No best bid from a reputable underwriter or team of
385	underwriters which bid conforms to the notice of sale may be
386	rejected unless all bids are rejected. If the bids rejected are
387	legally acceptable bids under the notice of sale, such bonds
388	shall not be sold thereafter except upon public sale after
389	publication of notice of sale as provided herein.
390	(7) No bonds shall be issued by the district unless the
391	face or reverse thereof contains a certificate, executed either
392	manually or with the facsimile signature of the secretary or
393	assistant secretary of the board or district, to the effect that
394	the issuance of such bonds has been approved under the
395	provisions of this act by the board. The certificate shall be
396	conclusive evidence as to approval of the issuance of such bonds
397	by the district and that the requirements of this act and all of
398	the laws relating to such bonds are in full compliance.
399	(8) The district, by resolution of its board, shall have
400	the authority to issue bond anticipation notes in the name of
401	the district in anticipation of the receipt of the proceeds of
402	the bonds in the same manner and subject to the same limitations
403	and conditions provided by section 215.431, Florida Statutes.
404	The rights and remedies which they would have if they were the
405	holders of the definitive bonds in anticipation of which they
406	are issued, and all of the covenants, agreements, or other
407	proceedings relating to the definitive bonds in anticipation of
408	which such bond anticipation notes are issued shall be a part of
409	the proceedings relating to the issuance of the notes as fully
410	and to the same extent as if incorporated verbatim herein.
411	(9) Prior to the preparation of definitive bonds, the
412	district, pursuant to resolution of its board, may issue interim
413	receipts or temporary bonds, with or without coupons,
414	exchangeable for definitive bonds when such bonds have been
415	executed and are available for delivery under such terms and
416	conditions as the board shall deem advisable. The resolution
417	may also provide for the replacement of any bonds which shall
418	become mutilated or be destroyed, stolen, or lost under such
419	terms and conditions as the board shall deem advisable.
420	(10) Bonds issued under the provisions of this act may be
421	validated in the manner provided in chapter 75, Florida
422	Statutes.
423	Section 9. (1) Prior to the issuance of full faith and
424	credit bonds, the Board of Commissioners shall determine the
425	amount which, in the opinion of the board, will be necessary to
426	be raised annually by taxation for the payment of the debt
427	service on all such outstanding bonds and all such bonds
428	proposed to be issued. Subject to the millage limitations
429	authorized by law, the district shall provide for the levy and
430	collection annually of a sufficient tax upon all the taxable
431	property in the district to make the debt service payments on
432	the bonds and debt service on notes, for expenses of operation,
433	maintenance, construction, improvements, and repair of the
434	hospitals or clinics, and for the payment of any indebtedness or
435	other necessary expenses in carrying out the business of the
436	district.
437	(2) The millage for the taxes assessed and levied against
438	the taxable property within the district for the payment of debt
439	service, including interest and principal of the bonds and notes
440	issued by the district and for the operation, maintenance,
441	improvement, and repair of the hospitals, medical facilities,
442	clinics, or outpatient facilities and services, including, but
443	not limited to, providing care to the indigent as provided in
444	this act, or for the payment of any outstanding indebtedness
445	authorized by this act, or for the payment of other necessary
446	expenses in carrying on and transacting the business of the
447	district, shall not exceed 4 mills on all the nonexempt property
448	within the district, unless authorized by law and approved by a
449	majority vote of the electors of the district voting on the
450	issue.
451	Section 10. The Board of Commissioners, the Chief
452	Executive Officer, and the Chief Fiscal Officer of the district
453	are hereby authorized to sign checks and warrants of the
454	district by facsimile signature and to use and employ facsimile
455	signature machines for that purpose. The stamping, printing, or
456	lithographing of facsimile signatures of the Chief Executive
457	Officer and Chief Fiscal Officer shall constitute sufficient
458	signatures in compliance with Florida Statutes as to the
459	withdrawal of district funds from a depository.
460	Section 11. The levy of the taxes authorized by any
461	provision of this act shall be pursuant to a resolution of the
462	board. Certified copies of the resolution executed in the name
463	of the board by its chair, under its corporate seal, shall be
464	made and delivered to the County Council of Volusia County, and
465	to the Department of Revenue in the same manner and within the
466	same time period as required of counties pursuant to general
467	law. The County Council of Volusia County shall require the
468	Director of the Finance Department of the county to collect the
469	amount of taxes so assessed or levied by the district upon the
470	nonexempt property in the district, at the rate of taxation as
471	fixed, levied, and adopted by the Board of Commissioners of the
472	district for the year and included in the warrant of the
473	Property Appraiser and attached to the assessment roll of taxes
474	for the county each year. The Director of the Finance
475	Department of Volusia County shall collect the tax as levied by
476	the district in the same manner as other taxes are collected,
477	and he or she shall remit the taxes collected to the district
478	within the time and in the manner prescribed by law for the
479	collection and handling of county taxes to the county
480	depository. All revenues so collected shall be held, used,
481	invested, and disbursed by the district as provided in this act
482	or as otherwise provided by law.
483	Section 12. The district is authorized to pay from the
484	funds of the district all expenses necessarily incurred in the
485	formation of the district and all other reasonable and necessary
486	expenses, including, but not limited to, those expenses of the
487	type normally incurred in the establishment, operation, repair,
488	maintenance, expansion, and diversification of a modern
489	integrated system for the delivery of health care services
490	consisting of hospitals, clinics, health maintenance
491	organizations, ambulatory care facilities, managed care
492	facilities, other alternative delivery systems, self-insurance,
493	risk retention programs, captive insurance companies, and
494	support organizations. This section shall not be construed to
495	restrict any of the powers vested in the district by any other
496	provision of this act or any provision of general law.
497	Section 13. (1) The district shall create two separate
498	revenue accounts. One account shall be the Ad Valorem Tax
499	Revenue Account which shall be a separate account into which all
500	ad valorem tax revenues are deposited, and the other account
501	shall be the General Revenue Account into which all other
502	district revenues are deposited.
503	(2) Each corporation established and controlled by the
504	district shall utilize a bookkeeping and financial management
505	system which identifies all of that corporation’s revenues
506	generated through operation of those assets which were obtained
507	with ad valorem tax revenues.
508	(3) Annually the board shall publish in a newspaper of
509	general circulation published in the district an audited
510	consolidated financial statement of the district and its
511	corporations. Such financial statements shall be prepared
512	according to generally accepted accounting principles, shall
513	specifically include a combined balance sheet and a combined
514	statement of revenues and expenses, and shall show a complete
515	statement of the financial conditions of the district as of the
516	end of the fiscal year.
517	Section 14. The hospitals, medical facilities, clinics,
518	and outpatient facilities established under this act or by a
519	not-for-profit corporation formed by the district shall provide
520	either independently or in cooperation with each other and/or in
521	cooperation with the Volusia County Public Health Care Unit an
522	appropriate location or locations for the delivery of quality
523	hospital care and related services and treatment to patients who
524	are determined according to criteria established by the board to
525	be medically indigent. Persons so determined to be medically
526	indigent shall receive such services at the locations
527	established by the district or by a not-for-profit corporation
528	formed by the district either for no charge or alternatively for
529	a reduced charge according to the same sliding scale used by the
530	Volusia County Health Department. Each hospital, medical
531	facility, clinic, and outpatient facility established under this
532	act shall collect such charges as the district may from time to
533	time establish for hospital care, outpatient care, and related
534	services and treatment. Except as is otherwise required by law
535	or by agreement with the Volusia County Health Department, the
536	district’s ad valorem tax revenues shall be used to fund medical
537	services to indigent persons only if such services are provided
538	at facilities owned by the district or at facilities in which
539	the district or a corporation established by the district holds
540	an ownership interest. The district may extend the use of
541	hospitals, clinics, and medical facilities of the district to
542	nonresidents upon such terms and conditions as the district may
543	from time to time by its rules provide. The medically indigent
544	residents of the district wherein such hospital and clinic are
545	located shall have priority to admission and outpatient
546	services.
547	Section 15. It is intended that the provisions of this act
548	shall be liberally construed in order to accomplish the purposes
549	of the act. Where strict construction of this act would result
550	in the defeat of the accomplishment of any of the purposes of
551	this act, and a liberal construction would permit or assist in
552	the accomplishment thereof, the liberal construction shall be
553	chosen.
554	Section 16. All property, real and personal, of the
555	Halifax Hospital Medical Center, a special tax district in
556	Volusia County, and all property, both real and personal, of the
557	Board of Commissioners of the special tax district are hereby
558	exempted from taxation pursuant to chapter 196, Florida
559	Statutes.
560	Section 17. The district shall provide for an annual
561	financial audit of its books and records in accordance with
562	section 218.39, Florida Statutes.
563	Section 18. The district is authorized to:
564	(1) Provide and pay all or any part of the insurance
565	expenses or premiums on its respective employees’ insurance or
566	self-insurance covering injuries received by such employees
567	after working hours or covering illness of such employees and
568	their dependents.
569	(2) Provide to employees and their dependents a discount
570	on the cost of drugs, laboratory, X-ray work, or other hospital
571	services.
572	(3) Provide and pay for employee benefits for group life
573	insurance on employees of the district.
574	(4) Provide such other fringe benefits to district
575	employees as it from time to time deems appropriate.
576	(5) Incur and pay reasonable expenditures for travel,
577	physician recruiting, employee recruiting, hospitality,
578	education, and marketing related to the furtherance of the
579	district’s objectives.
580	Section 19. (1) All purchases of supplies, commodities,
581	equipment, and materials as well as the leasing of equipment for
582	use in the operation and maintenance of the district, and all
583	contracts for work, construction, repair, or replacement of
584	buildings or other capital improvements to the district’s
585	property, the cost of which is in excess of $10,000, shall be
586	made or let by the district by contract to the lowest
587	responsible bidder according to the written specifications
588	previously prescribed therefor, and after publication in a
589	newspaper of general circulation within the district, 1 day a
590	week for 2 consecutive weeks, of an advertisement or notice
591	calling for or inviting such bids.
592	(2) As an alternative to the procedure prescribed in
593	subsection (1), whenever it reasonably appears to the Board of
594	Commissioners of the district that by reason of an emergency or
595	other unusual condition the compliance with the bidding
596	procedure prescribed in subsection (1) would be detrimental to
597	the interest of the district or its patients, or it appears to
598	the Board of Commissioners that such supplies, commodities,
599	equipment, and materials, and the leasing of equipment for the
600	use in the operation or maintenance of the district are
601	obtainable from only one source or supplier, the Board of
602	Commissioners of the district may by appropriate resolution
603	identify such emergency, unusual condition, or sole source
604	situation and authorize the purchase, lease agreement, or
605	contract without complying with the procedure prescribed in
606	subsection (1).
607	(3) The bidding requirements in subsection (1) shall not
608	apply to prosthetic devices, pacemakers, or other surgically
609	implanted devices or materials if the delay incident to
610	complying with such bidding requirements could adversely affect
611	patient care or could cause the patient to elect to have the
612	implant surgery performed at a private hospital which is not
613	bound by such bidding requirements.
614	(4) All contracts between the district and a third party
615	for construction, repair, or replacement of buildings,
616	structures, or other capital improvements owned and operated by
617	the district, the cost of which is in excess of $25,000, shall
618	be made or let to the lowest responsible bidder, unless:
619	(a) The construction is in conjunction with a design-build
620	project, in which case the district shall comply with section
621	287.055(9), Florida Statutes; or
622	(b) The lowest bidder refuses to enter into a contract
623	which prohibits the contractor from claiming delay damages, in
624	which case the district may contract with any qualified general
625	contractor for the district’s choice on the condition that the
626	contract with such contractor prohibits the contractor claiming
627	delay damages and the contract price does not exceed the bid
628	from the lowest responsible bidder by more than 5 percent.
629	Section 20. (1) The Board of Commissioners may designate
630	an organization as a Halifax Hospital Medical Center direct-
631	support organization to provide assistance, funding, and support
632	to the board in carrying out its powers and duties. For the
633	purposes of this section, “Halifax Hospital Medical Center
634	direct-support organization” means an organization which:
635	(a) Is a corporation not for profit which is incorporated
636	under chapter 617, Florida Statutes.
637	(b) Is organized and operated exclusively to receive,
638	hold, invest, and administer property and to make expenditures
639	to, or for the benefit of, Halifax Hospital Medical Center,
640	except that the organization may not receive funds from the
641	board by grant, gift, or contract unless specifically authorized
642	by the Legislature.
643	(c) Provides equal employment opportunities to all persons
644	regardless of race, color, national origin, sex, age, or
645	religion.
646	(d) Has been specifically certified as a Halifax Hospital
647	Medical Center direct-support organization by a resolution
648	adopted by the Board of Commissioners.
649	(2) The Board of Commissioners shall prescribe, by rule,
650	procedures by which the Halifax Hospital Medical Center direct-
651	support organization is to be governed and any conditions with
652	which the organization must comply in order to use property,
653	facilities, or personal services of the district without charge.
654	“Personal services” include the services of full-time personnel
655	and the services of part-time personnel. The rules shall
656	provide:
657	(a) That the articles of incorporation and procedures for
658	the governance of the direct-support organization must be
659	approved by the board.
660	(b) That an annual budget must be submitted by the direct-
661	support organization to the board for approval.
662	(c) That the chair of the Board of Commissioners or his or
663	her designee must certify, after an annual financial and
664	performance review, that the direct-support organization is
665	operating in compliance with the provisions of the rules and in
666	a manner consistent with the goals of the board and in the best
667	interests of the state. Such certification shall be made to the
668	board annually and reported in the official minutes of a meeting
669	of the board.
670	(d) For procedures to be followed to revoke the
671	designation of the nonprofit organization as a direct-support
672	organization and for procedures for the reversion to the state
673	of funds held in trust by the direct-support organization if
674	such designation is revoked or, after notice of such revocation,
675	procedures for expenditure of such funds for purposes approved
676	by the board.
677	(e) That the fiscal year of the direct-support
678	organization begins on July 1 each year and ends on June 30 next
679	following.
680	(3) Before taking office, each member of the governing
681	board of the Halifax Hospital Medical Center direct-support
682	organization must be approved by the Board of Commissioners.
683	The chair of the Board of Commissioners, or a board member
684	designated by the chair, shall serve as a member of the
685	governing board and of the executive committee of the direct-
686	support organization.
687	(4) The Halifax Hospital Medical Center direct-support
688	organization shall provide for an annual financial and
689	compliance audit of its accounts and records, to be conducted by
690	an independent certified public accountant in accordance with
691	rules adopted by the Board of Commissioners. The annual audit
692	report shall include a management letter and shall be filed as a
693	public record with the district. The Board of Commissioners and
694	the Auditor General may request, and shall receive from the
695	direct-support organization or its auditor, any detail or
696	supplemental data which relates to the operation of the
697	organization.
698	(5) Meetings of the Halifax Hospital Medical Center
699	direct-support organization are public meetings and shall be
700	conducted in accordance with section 286.011, Florida Statutes.
701	Records of the direct-support organization, except for records
702	which identify donors or potential donors to the direct-support
703	organization and which shall be confidential, are public records
704	for the purposes of chapter 119, Florida Statutes. The
705	confidentiality of records which identify donors or potential
706	donors to the direct-support organization shall be maintained in
707	the auditor’s report.
708	Section 21. Nothing in this act may be interpreted or
709	construed as eliminating or limiting any right, power, or
710	authority which the district has under any other state law.
711	Section 4. If any provision of this act or the application
712	thereof to any person or circumstance is held inoperative,
713	unconstitutional, or invalid, it shall not affect other
714	provisions or applications of the act which can be given effect
715	without the invalid provision or application, and to this end
716	the provisions of this act are declared severable.
717	Section 5. Chapters 79-577, 79-578, 84-539, 89-409, and
718	91-352, Laws of Florida, are repealed.
719	Section 6. This act shall take effect upon becoming a law.
720