HB 1601 2003
1	A bill to be entitled
2	An act relating to the Indian River County Hospital
3	District, Indian River County; codifying special laws
4	relating to the district; providing legislative intent;
5	amending, codifying, reenacting, and repealing chapters
6	61-2275, 63-1432, 65-1708, 67-1515, 67-1516, 71-688, 72-
7	568, 74-499, 76-387, 84-451, 99-485, and 2002-345, Laws of
8	Florida; providing district boundaries; providing
9	definitions; providing for a board of trustees as the
10	governing body of the district; prescribing the powers and
11	duties of the board; providing for compensation and
12	meetings of the board; providing for the incorporation of
13	the sunshine law, the public records act, the election
14	code, and the bidding requirements of chapters 255 and
15	287, Florida Statutes; authorizing the district to grant
16	sovereign immunity to operators of Indian River Memorial
17	Hospital, including Indian River Memorial Hospital, Inc.;
18	authorizing the board to levy ad valorem tax within the
19	district; providing for the purpose of the tax; providing
20	for a method for such levy; exempting property of the
21	district for assessment; providing for benefits for staff;
22	providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1. Pursuant to section 189.429, Florida Statutes,
27	this act constitutes the codification of all special acts
28	relating to the Indian River County Hospital District. It is
29	the intent of the Legislature to provide a single comprehensive
30	special act charter for the district including all current
31	legislative authority granted to the district by its several
32	legislative enactments. It is further the intent of this act to
33	preserve all district authority.
34	Section 2. Chapters 61-2275, 63-1432, 65-1708, 67-1515,
35	67-1516, 71-688, 72-568, 74-499, 76-387, 84-451, 99-485, and
36	2002-345, Laws of Florida, are amended, codified, reenacted and
37	repealed as herein provided.
38	Section 3. The Indian River County Hospital District is
39	re-created and the charter is re-created and reenacted to read:
40	Section 1. District Creation; Boundaries. That the
41	special tax district now existing and known and designated as
42	“Indian River County Hospital District,” as created and
43	incorporated by chapter 59-1385, Laws of Florida, and as
44	abolished, recreated, and reincorporated by chapter 61-2275,
45	Laws of Florida, shall embrace and include all that land and
46	area situated and being in Indian River County, Florida, within
47	the following territorial boundaries, to-wit:
48
49	Begin at the point where the South boundary line of
50	Indian River County, Florida, intersects the Atlantic
51	Ocean; thence run West along said South boundary line
52	to the Southwest corner of Section 31, Township 33
53	South, Range 36 East; thence run North along the range
54	line dividing Range 35 East and Range 36 East to the
55	Northeast corner of Township 33 South, Range 35 East;
56	thence run West along the North line of said Township
57	33 South to the Southwest corner of Section 31,
58	Township 32 South, Range 35 East; thence run North on
59	the line dividing Indian River County and Osceola
60	County to the South line of Township 31 South, Range
61	35 East; thence run East along said South line of
62	Township 31 South to the Southeast corner of Section
63	31, Township 31 South, Range 35 East; thence run North
64	along the East line of Sections 31, 30, 19, 18, 7 and
65	6, all said sections being in Township 31 South, Range
66	35 East, to the North boundary line of Indian River
67	County; thence run East along said North boundary line
68	of Indian River County to the point where said line
69	intersects the medial line of the South Fork of the
70	St. Sebastian River; thence Northerly down the thread
71	of said stream to the main stream of the St. Sebastian
72	River; thence down the thread of the St. Sebastian
73	River to its confluence with the Indian River; thence
74	East to the intersection with the Southwesterly
75	extension of the center line of the approach channel
76	to the Sebastian inlet from the Indian River; thence
77	Northeasterly along said center line and continue
78	Northeasterly and Easterly along the center line of
79	the Sebastian inlet to the Atlantic Ocean; thence run
80	Southerly along and following the Easterly boundary
81	line of Indian River County, Florida, to the point of
82	beginning.
83
84	Section 1.1. Definitions. The following words and terms,
85	unless the context clearly indicates a different meaning, shall
86	have the following meanings:
87	(1) “District” means the Indian River County Hospital
88	District, a special tax district located in Indian River County,
89	Florida, created and incorporated by chapter 61-2275, Laws of
90	Florida, as amended.
91	(2) “Health facility” or “health facilities” means a
92	building, structure, or unit or any improvement to real
93	property, including all necessary or usual attendant and related
94	equipment, facilities, or fixtures, or any part or parts
95	thereof, or any combination or combinations thereof, including,
96	but not limited to, a general hospital, psychiatric hospital,
97	ambulatory clinic or center, chronic disease hospital,
98	rehabilitation hospital, urgent care center, extended care and
99	intermediate care facility, nursing home, life-care facility
100	dispensary, laboratory, laundry, administration building,
101	research facility, maintenance facility, storage facility,
102	medical office buildings, conference centers, physical fitness
103	centers, or any other related facility, including parking and
104	other facilities necessary or desirable for the orderly
105	operation of a health facility, also including equipment and
106	machinery and other similar items necessary or convenient for
107	the operation of a health facility in the manner for which its
108	use is intended, or items of equipment which are necessary or
109	desirable for the operation of a health facility, or any
110	combination thereof, but shall not include such items as fuel,
111	supplies, or other items which are customarily deemed to result
112	in a current operating charge.
113	(3) “Health and medical services” shall mean items or
114	services provided by or under the supervision of a physician or
115	other person trained or licensed to render health care necessary
116	for the prevention, care, diagnosis, or treatment of human
117	disease, pain, injury, deformity, or other physical or mental
118	condition, including, but not limited to, preadmission,
119	outpatient, inpatient and postdischarge care, home care,
120	physician’s care, nursing care, extended care, intermediate
121	care, urgent care, emergency care, and medical care provided by
122	interns or residents-in-training and other paramedical care,
123	ambulance service, bed and board, drugs, biologicals, supplies,
124	appliances, equipment, laboratory services, x-ray, radium, and
125	radioactive isotope therapy, and billing and collection
126	services.
127	(4) “Cost” means the sum total of all or any part of costs
128	incurred or estimated to be incurred by the district or by a
129	health facility which are reasonable and necessary for carrying
130	out all works and undertakings and providing all necessary or
131	desirable equipment for the development of a health facility,
132	exclusive of the amount of any private or federal, state, or
133	local financial assistance for and received by a health facility
134	for the payment of such cost. Such costs shall include, but are
135	not necessarily limited to, interest prior to, during, and for a
136	cost of operation and maintenance during the construction period
137	and for a reasonable additional period thereafter, the cost of
138	necessary studies, surveys, plans and specifications,
139	architectural, engineering, legal or other special services, the
140	cost of acquisition of land, buildings, and improvements
141	thereon, including payments for the relocation of persons
142	displaced by such acquisition, site preparation and development,
143	construction, reconstruction, equipment, including fixtures,
144	equipment, and cost of demolition and removal, and articles of
145	personal property required, the reasonable cost of financing
146	incurred in the course of the development of the health
147	facility, reserves for debt service, the fees imposed by the
148	district, other fees charged, and necessary expenses incurred in
149	connection with the initial occupancy of the health facility,
150	and the cost of such other items as may be reasonable and
151	necessary for the development of a health facility.
152	(5) “General obligation bonds” means bonds of the district
153	issued hereunder, which are secured by the levy of ad valorem
154	taxes and which may be issued only after the same have been
155	approved by the majority of votes cast in an election of the
156	qualified voters residing in the district.
157	(6) “Revenue bonds” means bonds of the district issued
158	hereunder, payable solely out of the revenues derived by the
159	district from the sale, operation, or leasing of any health
160	facility or facilities.
161	(7) “Bonds” means all bonds, notes, or other obligations
162	of the district issued hereunder.
163	(8) “State” means the State of Florida.
164	Section 2. Authority. The board of trustees is authorized
165	and empowered to establish, construct, purchase, operate,
166	maintain, and lease, as lessee or lessor, such health facilities
167	in or through which the district provides health and medical
168	services as in its opinion are necessary and desirable for the
169	use of the people of the district. The health facilities in or
170	through which the district provides health and medical services
171	which may be purchased, established, constructed, operated,
172	maintained, and leased by or through or from the board of
173	trustees shall be for the preservation of the public health, and
174	for the public good and for the use of the public of the
175	district. Maintenance of such health facilities in or through
176	which health and medical services are provided within the
177	district is found and declared to be a public purpose and
178	necessary for the preservation of the public health and public
179	use and for the welfare of the district and the inhabitants
180	thereof. The location of such health facilities shall be
181	determined by the board. The trustees may assume and agree to
182	pay any outstanding indebtedness, obligations, or contracts in
183	connection with any health facilities in or through which health
184	and medical services are provided. The board of trustees is
185	further authorized and empowered to expend district funds for
186	any purposes related to or supportive of the authorized
187	activities of the district. The powers granted to the board of
188	trustees herein are in addition to those granted by the general
189	law of the state.
190	Section 2.1. (1) The board of trustees is authorized and
191	empowered to enter into contracts or agreements for the purpose
192	of operating and managing any such health facilities in or
193	through which the district provides health and medical services.
194	(2) The board of trustees is authorized and empowered to
195	enter into financing agreements, to lease, as lessee or lessor,
196	any such health facilities in which the district provides or
197	proposes to provide health and medical services, or any land or
198	property of the district. Any financing agreement to secure
199	bonds of the district shall require that the other party to the
200	financing agreement shall be a governmental unit or nonprofit
201	corporation qualified under Section 501(c)(3) of the United
202	States Internal Revenue Code of 1954, as amended, and exempt
203	from federal income taxes under Section 501(a) or a successor
204	provision thereto, and that such health facilities in or through
205	which the district, prior to entering into the financing
206	agreement, shall be returned to the district upon the
207	termination of the financing agreement, or the dissolution of
208	the nonprofit corporation.
209	(3) The board of trustees shall determine the terms of
210	such financing agreements, contracts, or agreements, and the
211	conditions, covenants, and agreements to be contained therein.
212	(4) The board of trustees is authorized and empowered to
213	from time to time sell such rights in real or personal property
214	or other portions of any health facilities as the district by
215	resolution determines are no longer useful in connection with
216	such health facilities and the health and medical services
217	provided therein.
218	(5) The board of trustees is authorized and empowered to
219	enter into in interlocal agreement pursuant to Florida
220	Interlocal Cooperation Act of 1969, as amended from time to
221	time, and may thereby exercise jointly with any other public
222	entity in the state any power, privilege, or authority which any
223	such entity shares in common with the district and which each
224	might exercise separately.
225	(6) Prior to any decision to sell all or substantially all
226	of the facilities which make up Indian River Memorial Hospital,
227	the district shall cause a referendum to be held at which the
228	electors of Indian River County shall have the opportunity to
229	express their approval or disapproval of the proposed sale. The
230	referendum shall be held in accordance with:
231	(a) The bond referendum procedure set forth in chapter 100
232	and chapter 101, Florida Statutes;
233	(b) The procedure for a mail ballot referendum set forth
234	in section 101.6101, Florida Statutes; or
235	(c) Any other comparable procedure set forth in then
236	existing Florida law.
237
238	The specific procedure to be utilized shall be determined by the
239	district in the resolution calling for such referendum. The
240	result of the referendum shall be binding upon the district.
241	Nothing herein shall prevent the district from changing minor
242	details of the proposed sale following the referendum, provided
243	the district determines that such changes are in the best
244	interest of the residents of Indian River County.
245	(7) The board of trustees is authorized and empowered to
246	grant sovereign immunity to Indian River Memorial Hospital,
247	Inc., and its affiliates under the terms of its current lease
248	and any renewals of the lease with the district, and to compel
249	Indian River Memorial Hospital, Inc., and its affiliates to
250	waive sovereign immunity in accordance with the provisions of
251	section 768.28, Florida Statutes, as amended from time to time.
252	The board of trustees is also authorized and empowered to grant
253	sovereign immunity to any not-for-profit entity and its
254	affiliates appointed by the board of trustees to operate Indian
255	River Memorial Hospital under any future lease, and to require
256	such entity and its affiliates to waive sovereign immunity in
257	accordance with the provisions of section 768.28, Florida
258	Statutes, as amended from time to time. Only for the purposes
259	of this provision of the act, Indian River Memorial Hospital,
260	Inc., and its affiliates, and such other not-for-profit entity
261	and its affiliates, shall be considered an agent of the
262	district.
263	Section 3. Governing Body; Elections. The governing body
264	of the Indian River County Hospital District shall consist of
265	seven trustees who shall be qualified electors and freeholders
266	residing in said district. The board of trustees elected at the
267	general election in 1964 shall remain in office until the
268	expiration of their terms. At the general election to be held
269	in 1966, three trustees shall be elected for 4-year terms. At
270	subsequent general elections, the trustees shall be elected for
271	4-year terms so that four trustees are elected at one general
272	election and three trustees are elected at the next ensuing
273	general election. The trustees so elected shall serve for a
274	term of 4 years and until their successors are elected and
275	qualified.
276	The election of the trustees shall be conducted in
277	accordance with the Florida Election Code and the Uniform
278	Special District Accountability Act of 1989, as each is amended
279	from time to time, provided, however, that a candidate may
280	qualify by submitting a petition that contains the signatures of
281	at least 25 of the district’s registered electors.
282	Each trustee shall give bond to the Governor of the State
283	of Florida for the faithful performance of his or her duties in
284	the sum of $5,000 with a surety company qualified to do business
285	in the State of Florida as surety, which bond shall be approved
286	and kept by the Clerk of the Circuit Court of Indian River
287	County, Florida. The premiums on said bonds shall be paid as
288	part of the expenses of said district.
289	Section 4. Additional Authority. The board of trustees of
290	said Indian River County Hospital District shall have all the
291	powers of a body corporate, including the power to contract and
292	be contracted with; to adopt and use a common seal, and to alter
293	the same at pleasure; to acquire, purchase, hold, lease, as
294	lessee or lessor, sell, and convey by financing agreement,
295	lease, deed, or other instrument of conveyance real and personal
296	property; and to perform such other acts as said board may deem
297	proper or expedient to carry out the purposes of this act, and
298	the power to sue and be sued under the name of the Indian River
299	County Hospital District, provided, however, that all suits
300	against said board of trustees shall be begun only in Indian
301	River County, regardless of the location of any property
302	involved in the litigation and regardless of where the cause of
303	action accrued. The board is authorized to provide for the
304	management of health facilities of the district, and may employ
305	administrators, a chief surgeon, pathologist, radiologist, and
306	such other specialists, agents, and employees as said board may
307	deem advisable. The board shall have power to borrow money and
308	to issue the notes, bonds, and other evidences of said district
309	therefor to carry out the provisions of this act in the manner
310	hereinafter provided. The trustees of said board shall have the
311	authority and the power to make contracts extending beyond their
312	terms of office. The powers granted to the board of trustees
313	herein are in addition to those granted by the general law of
314	the state.
315	If, in the absolute opinion of the board, adequate
316	emergency ambulance service is not supplied and maintained in
317	the district by private or volunteer ambulance companies or
318	associations, then the board shall have the authority and power
319	to provide, maintain, and operate emergency ambulance services
320	within the area of the district and to prescribe rules and
321	regulations for the operation and use of such ambulances and to
322	charge such fee for the use of such facilities as it might
323	determine. The board is further authorized and empowered to
324	secure and keep in force, in companies duly authorized to do
325	business in Florida, insurance covering liability for damages on
326	account of bodily injury, death, or property damage, in such
327	amounts as the board may determine, resulting from the operation
328	of such ambulances or by reason of the ownership, maintenance,
329	operation, or use of such ambulances.
330	Section 5. Organization of Board. The trustees shall
331	organize the board of said district, at their regular meeting
332	held in January of each year, by the election of one of their
333	members as chair, one as vice chair, one as secretary, and one
334	as treasurer, and by the election of such other officers as they
335	deem necessary.
336	Section 6. Meetings; Sunshine Law. The board of trustees
337	shall hold regular meetings for the transaction of business
338	according to a schedule arranged by the board of trustees and
339	shall convene in special sessions when called by the chair of
340	the board or by a majority of the trustees of the board,
341	provided that actions taken at special meetings shall have the
342	same force and effect as if taken at a regular meeting. All
343	meetings of the board of trustees, including notices and minutes
344	relating thereto, shall be governed by chapter 286, Florida
345	Statutes, including those provisions commonly referred to as the
346	Florida Government in the Sunshine Law, and the Uniform Special
347	District Accountability Act of 1989, as each is amended from
348	time to time.
349	Section 7. Quorum; Public Records. Four of said trustees
350	shall constitute a quorum, and an affirmative vote of at least
351	three of said trustees shall be necessary to the transaction of
352	any business of the district. The trustees shall cause true and
353	accurate minutes and records to be kept of all business
354	transacted by them, and shall keep full, true, and complete
355	books of accounts and minutes. The district shall comply with
356	chapter 119, Florida Statutes, commonly referred to as the
357	Florida Public Records Act, as amended from time to time.
358	Section 8. Travel Expenses. The trustees under this act,
359	the employees of the district, and other authorized travelers
360	shall be paid per diem and travel expenses provided in section
361	112.061, Florida Statutes, as amended from time to time, to be
362	substantiated by paid bills therefor.
363	Section 9. Expenses. The board is authorized to pay from
364	the funds of the district all expenses of the organization of
365	said board and all expenses necessarily incurred in the
366	formation of said district and all other reasonable and
367	necessary expenses, including the fees and expenses of any
368	attorney in the transaction of the business of the district and
369	in carrying out and accomplishing the purposes of this act.
370	This section, however, shall not be construed to limit or
371	restrict any of the powers vested in said board of trustees by
372	any other section or provision of this act.
373	Section 10. Vacancies. Vacancies in the board of trustees
374	occasioned by resignations, removals, or otherwise shall be
375	reported to the Governor of the state, who shall fill such
376	vacancies by appointment within 45 days after the occurrence
377	thereof. Any vacancies not so filled within such time shall
378	remain vacant until the next general election, and at such
379	general election the vacancies shall be filled by the election
380	of a trustee to serve for the remainder of the term in which
381	such vacancy occurred. Any appointments made by the Governor to
382	fill vacancies shall hold office until the next general
383	election, and at such general election the vacancies shall be
384	filled by the election of a trustee to serve for the remainder
385	of the term in which the vacancy occurred.
386	Section 11. Rules and Regulations. The board of trustees
387	of the Indian River County Hospital District is further
388	authorized and empowered to establish reasonable rules and
389	regulations to govern the operation of district-owned or
390	district-operated health facilities in or through which the
391	district provides health and medical services and to govern and
392	control the conduct of all employees, patients, private duty
393	nurses, sitters, guests and visitors, and any other parties or
394	persons who are, in any manner, upon or using the premises and
395	facilities of the district health facilities, so that the health
396	and welfare of the patients and the best interest of the
397	district will at all times be served.
398	Section 12. Medical Staff.
399	(1) In the management of such hospital, no discrimination
400	shall be made against any medical doctors, commonly known as
401	MD’s, duly licensed to practice materia medica in the state, and
402	graduate dentists licensed to practice in the state, and who
403	shall qualify under the bylaws, rules, and regulations
404	established by the board and under the bylaws of the medical
405	staff as approved by the board, and all such regular medical
406	doctors and dentists shall have equal privileges in treating
407	patients in said hospital. The patient shall have the right to
408	employ, at his or her own expense, his or her own medical doctor
409	or dentist, so qualified as aforesaid, and when acting for any
410	patient in such hospital, such medical doctor or dentist
411	employed by such patient shall have exclusive charge of the care
412	and treatment of such patient, and nurses therein as to such
413	patient shall be subject to the direction of said medical
414	doctor, subject always to such general rules and regulations as
415	shall be established by the board of trustees under the
416	provisions of this act.
417	(2) The board of trustees shall organize a staff of
418	medical doctors and dentists of every practicing medical doctor
419	and dentist who shall qualify under the rules and regulations
420	established by the board. The board of trustees is hereby
421	authorized and empowered to establish reasonable rules,
422	regulations, and bylaws to govern said staff, and the members
423	thereof, and to prescribe and establish in said rules,
424	regulations, and bylaws reasonable duties and responsibilities
425	for the staff, and member thereof, so that the welfare and
426	health of the patients and the best interests of the hospital
427	may at all times be best served. It shall be the duty of said
428	staff to organize in a manner prescribed by the said board so
429	that there shall be a rotation of service among the members of
430	said staff to give proper medical and surgical attention to the
431	indigent sick, injured, or maimed who may be admitted to said
432	hospital for treatment.
433	(3) The board of trustees is hereby authorized and
434	empowered to grant or refuse, revoke, or suspend membership on
435	the said staff, and to grant or refuse, revoke, or suspend any
436	privileges attendant to such membership so that the welfare and
437	health of the patients and the best interests of the district
438	may at all times be best served, provided, further, that:
439	(a) The board of trustees is hereby authorized and
440	empowered to require members of the staff to abide by all
441	reasonable rules, regulations, and bylaws established by the
442	board of trustees under the authorization of this act, and to
443	require the performance of those duties and responsibilities
444	prescribed by said rules, regulations, and bylaws, and to
445	enforce such requirements by the revocation or suspension of
446	staff membership and privileges, under the terms of this act.
447	(b) The board of trustees shall adopt rules and bylaws
448	providing the procedure for considering the refusal, revocation,
449	or suspension of staff membership of any person, or suspension
450	or modification of privileges attendant to such membership. The
451	procedure adopted shall afford due process to the parties and
452	shall provide for an orderly, fair, and impartial proceeding.
453	(c) In those instances when the board of trustees, under
454	its rules or bylaws, considers the refusal, revocation, or
455	suspension of staff membership of any person, or suspension or
456	modification of privileges which are attendant to such
457	membership, the vote of five of the seven trustees shall be
458	required to revoke, suspend, or modify staff membership or
459	privileges of any staff member for any reason whatsoever or to
460	refuse to grant staff membership to any practitioner. The right
461	of judicial review shall at all times be preserved.
462	Section 13. Bank Accounts; Investments; Procurement of
463	Personal Property or Services.
464	(1) The board of trustees shall designate a bank or banks,
465	or other depository or depositories, to receive and be custodian
466	of all the moneys received by the board for the operation and
467	maintenance of health facilities within the district. The board
468	of trustees, pursuant to chapter 218, Florida Statutes, as
469	amended, is authorized and empowered, as the board of a special
470	district of the state, to invest district surplus funds, as
471	defined in that chapter, as it now exists and as it may be
472	amended from time to time. The board of trustees shall also
473	have the power to delegate its authority to invest these surplus
474	funds, as outlined above, to a national or State of Florida
475	banking organization acting pursuant to a written trust
476	agreement as a trustee of district funds, provided that such
477	delegation is made in writing by the board of trustees.
478	(2) The funds of the district shall be paid out only upon
479	warrants signed as the trustees may in their bylaws, rules, and
480	regulations provide, provided that no warrant shall be drawn or
481	issued against funds of the district except for a purpose
482	authorized by this act. All funds of the district paid out by
483	warrants as described above shall be approved by the board of
484	trustees. The board may by resolution provide for such special
485	accounts as the board may deem desirable, and may designate the
486	persons authorized to draw on such special accounts in advance
487	of approval by a majority of the board.
488	(3) All purchases or procurement of personal property or
489	services shall be made in accordance with chapter 287, Florida
490	Statutes, as amended from time to time.
491	Section 13.1. Construction or Repairs. All contracts
492	concerning any construction, improvement, or repair to any
493	facility or property owned or leased by the district shall be
494	entered into in accordance with the procedure set forth in
495	chapter 255, Florida Statutes, as amended from time to time.
496	Section 14. Ad Valorem Taxes; Additional Authority.
497	(1) It shall be the duty of the board of trustees and the
498	said board is hereby authorized and empowered to annually assess
499	and levy against the taxable property within the district a
500	special tax not to exceed 5 mills on the dollar to be collected
501	and paid into the district fund and used by said board of
502	trustees for:
503	(a) First, to pay the interest and to provide and maintain
504	a sinking fund for the payment of the interest and principal of
505	the ad valorem bonds provided for and authorized by section 17
506	of this act, and any other ad valorem bonds which may be assumed
507	by said board;
508	(b) Second, to pay any outstanding indebtedness incurred
509	as authorized in section 16 of this act; and
510	(c) Third, to purchase, lease, as lessee or lessor,
511	operate, maintain, and repair health facilities established as
512	authorized by this act, and to pay other expenses reasonably
513	related to, or supportive of, the authorized activities of the
514	district.
515	(2) The board of trustees shall be authorized and
516	empowered:
517	(a) To declare accounts receivable, including charity
518	accounts, uncollectible and to write such accounts off the
519	active books of the financial records of the district as bad
520	debts. The board of trustees is further authorized to destroy
521	the account records of those accounts declared to be bad debts,
522	but such records shall not be destroyed earlier than 4 years
523	after the annual private audit of the district reflecting such
524	write-off;
525	(b) To compromise and settle any accounts receivable or
526	other claim for money due and owing to the district according to
527	such terms and conditions as the board of trustees, in its
528	discretion, may determine;
529	(c) To sell, assign, or convey to any person the right,
530	title, and interest in any account receivable or judgment owned
531	by the district by full or part payment of such account or
532	judgment as the board of trustees, in its discretion, may
533	determine; and
534	(d) At the discretion of the board, to provide for the
535	payment of hospital and nursing home expenses for patients
536	transferred from health facilities of the district to such other
537	institutions at the district’s request, provided that said
538	patients shall be first certified to be medically indigent by
539	the Indian River County Hospital District, based upon the
540	definition and standards used by the State of Florida Department
541	of Health.
542	(3) All acts and procedures of the board of trustees
543	relative to subparagraphs (2)(a), (b), and (c) are hereby
544	validated retroactively to June 23, 1971.
545	Section 14.1. Non-Ad Valorem Revenues. The district is
546	authorized to fix, revise, charge, and collect rates, rents,
547	fees, and charges for the use of its health facilities and for
548	the health and medical services furnished or to be furnished in
549	each health facility and to contract with any person,
550	partnership, association or corporation, or other body, public
551	or private, in respect thereof. Such rates, rents, fees, and
552	charges shall be fixed and adjusted in respect of the aggregate
553	of rents, rates, fees, and charges from such health facility so
554	as to provide funds at least sufficient with other revenues or
555	moneys, if any:
556	(1) To pay the cost of maintaining, repairing, and
557	operating the health facility and each and every portion
558	thereof, to the extent that the payment of such cost has not
559	otherwise been adequately provided for;
560	(2) To pay the principal of and interest on outstanding
561	revenue bonds of the district issued in respect of such health
562	facility as the same shall become due and payable; and
563	(3) To create and maintain reserves required or provided
564	for in any resolution authorizing, or trust agreement securing,
565	such revenue bonds of the district.
566	Section 15. Levy of Ad Valorem Taxes. Levy by said board
567	of taxes authorized by any provision of this act shall be by
568	resolution of said board duly entered upon the minutes of the
569	board. Certified copies of such resolution executed in the name
570	of the board by its chair, under its corporate seal, shall be
571	made and delivered to the Board of County Commissioners of
572	Indian River County, Florida, the Property Appraiser of Indian
573	River County, Florida, the Tax Collector of Indian River County,
574	Florida, and the Department of Revenue of the state, within the
575	time as may be specified by the laws of the state. It shall be
576	the duty of the County Commissioners of Indian River County to
577	order and require the Property Appraiser of said County to
578	assess, and the County Tax Collector of said County to collect,
579	the amount of taxes so assessed or levied by the board of
580	trustees of said Indian River County Hospital District upon the
581	taxable property in said district, at the rate of taxation
582	adopted by said board of trustees of said district for said year
583	and included in the warrant of the Property Appraiser and
584	attached to the assessment roll of taxes for said County each
585	year. The Tax Collector shall collect such tax so levied by
586	said board in the same manner as other taxes are collected, and
587	shall pay the same over to the board of trustees of Indian River
588	County Hospital District within the time and in the manner
589	prescribed by law for the payment by the Tax Collector of county
590	taxes to the County depository. The assessment and levy of ad
591	valorem taxes on the railroad lines and railroad property, and
592	on the telegraph lines, telegraph property, and telephone lines
593	situated or located in said district, shall be in accordance
594	with general law. If any such taxes so assessed are not paid,
595	the said property shall be by said Tax Collector sold and
596	certificates issued and tax deeds issued in the same manner and
597	under the same laws relating to sales, issuance of certificates,
598	and deeds with reference to all other state and county taxes.
599	All such taxes shall be held by said board of trustees and paid
600	out of them as provided in this act.
601	Section 16. Tax Anticipation Financing. The board of
602	trustees of the Indian River County Hospital District is
603	authorized to borrow in any 1 tax year, calendar year, a sum not
604	to exceed 80 percent of the estimated taxes to be collected on
605	behalf of the district within such year and to evidence such
606	loan made to the district by its tax anticipation note or notes
607	bearing interest at a rate not to exceed the maximum rate
608	permissible under Florida law. Such notes shall be payable at a
609	time not greater than 1 year from the date of the borrowing of
610	such moneys. The sums so borrowed shall be repaid together with
611	interest at a rate not to exceed the maximum rate permissible
612	under Florida law. No sums shall be borrowed as herewith
613	provided in any subsequent year unless all moneys so borrowed in
614	any preceding year shall have been entirely paid as to both
615	principal and interest.
616	Section 16.1. Personal Property Acquisition Financing.
617	(1) The board of trustees of the Indian River County
618	Hospital District is hereby authorized and empowered, in order
619	to acquire and finance the acquisition of capital assets in the
620	form of personal property, to borrow money from time to time for
621	periods not exceeding 10 years at any one time, from a bank,
622	banks, banking institutions, or other lending institutions, from
623	local, state, or federal government agencies, or as part of a
624	pooled financing from designated lenders, and to repay such
625	financing on an amortized, monthly or yearly basis, and to issue
626	a note or notes of the district or enter into financing
627	agreements, or loan or lease arrangements, on such terms and
628	rates of interest, not to exceed the maximum rates permissible
629	under Florida law.
630	(2) For any loans procured pursuant to subsection (1), the
631	board of trustees of said district is further authorized and
632	empowered to secure a note or notes, lease, or loan arrangements
633	by executing such security instruments or lease instruments as
634	may be permitted by law if required by said lending institution
635	or institutions, pledging as security the equipment acquired
636	through the financing under this section.
637	(3) Any amounts borrowed under subsection (1) shall be
638	repaid solely and exclusively from nontax revenues and shall not
639	be construed to be a part of or fall within the limitations of
640	section 16, but shall be in addition thereto.
641	Section 16.2. Revenue Bonds.
642	(1) The board of trustees of the district is authorized
643	and empowered by resolution to issue and sell from time to time
644	negotiable revenue bonds of the district for the purpose of
645	raising funds to pay all or any part of the costs of any health
646	facility or facilities and to provide such health and medical
647	services as in its opinion are necessary or desirable in the
648	district. In anticipation of the sale of such revenue bonds,
649	the board of trustees of the district is authorized and
650	empowered by resolution to issue negotiable bond anticipation
651	notes and may renew the same from time to time, but the maximum
652	maturity of any such note, including renewals thereof, shall not
653	exceed 7 years from the date of issue of the original note.
654	Such notes shall be paid from any revenues of the district
655	available therefor and not otherwise pledged or from the
656	proceeds of the sale of revenue bonds of the district in
657	anticipation of which they were issued.
658	(2) The revenue bonds and notes of every issue shall be
659	payable solely out of the revenues derived by the district from
660	the sale, operation, or leasing of any health facility or
661	facilities, subject only to any agreements with the holders of
662	particular revenue bonds or notes pledging any particular
663	revenues. Notwithstanding that the revenue bonds and notes may
664	be payable from a special fund, they shall have all the quality
665	of negotiable instruments under the Florida Uniform Commercial
666	Code-Investment Securities and shall not be invalidated for any
667	irregularity or defect in the proceedings for the issue and sale
668	thereof, and shall be incontestable in the hands of bona fide
669	purchasers or holders for value.
670	(3) The revenue bonds may be issued as serial bonds or as
671	term bonds, or the district, in its discretion, may issue bonds
672	of both types. The revenue bonds shall be authorized by
673	resolution of the board of trustees of the district and shall
674	bear such date or dates; mature at such time or times, not
675	exceeding 40 years from their respective dates; bear interest at
676	such rate or rates; be payable at such time or times; be in such
677	denominations; be executed in such manner; be payable in lawful
678	money of the United States at such place or places; and be
679	subject to such terms of redemption, including redemption prior
680	to maturity, as the board of trustees shall determine in such
681	resolution or resolutions. The revenue bonds issued by the
682	district are exempt from all taxation to the extent provided by
683	the general law. The revenue bonds may be issued in coupon or
684	in registered form, as the board of trustees may determine or in
685	accordance with the Registered Public Obligations Act of
686	Florida, chapter 83-271, Laws of Florida, and provisions may be
687	made for the registration of coupon bonds as to principal alone,
688	and as to both principal and interest, and for the reconversion
689	into coupon bonds of any bonds as to both principal and
690	interest. The district shall determine the form and manner of
691	execution of the revenue bonds, including interest coupons, if
692	any, to be attached thereto, and shall fix the denomination or
693	denominations of the revenue bonds and the place or places of
694	payment of principal and interest, which may be at any bank or
695	trust company within or without the state. In case any board
696	member, officer, or employee of the district whose signature, or
697	a facsimile of whose signature, shall appear on any bonds or
698	coupons shall cease to be a board member, officer, or employee
699	of the district before the delivery of such bonds, such
700	signature or facsimile shall nevertheless be valid and
701	sufficient for all purposes as if he or she had remained in
702	office until such delivery. The district may also provide for
703	the authentication of the revenue bonds by a trustee, fiscal
704	agent, or registrar. The revenue bonds or notes may be sold at
705	public or private sale for such price or prices as the district
706	shall determine. Pending preparation of the definitive bonds,
707	the district may issue interim or temporary receipts or
708	certificates which shall be exchanged for such definitive bonds.
709	(4) Revenue bonds may be issued under the provision of
710	this section without obtaining the approval or consent of any
711	commission, board, or agency of the state or the country and
712	without any other proceedings or the happening of any other
713	condition or things.
714	(5) Any resolution or resolutions authorizing any revenue
715	bonds or any issue of revenue bonds may contain provisions which
716	shall be a part of the contract with the holders of the revenue
717	bonds to be authorized as to:
718	(a) Pledging of all or any part of the revenues of a
719	health facility or of the district to secure the payment of the
720	revenue bonds or of any particular issue of revenue bonds,
721	subject to such agreements with bondholders as may then exist.
722	(b) The rentals, fees, and other charges to be charged,
723	the amounts to be raised in each year thereby, and the use and
724	disposition of the revenues.
725	(c) The setting aside of reserves or sinking funds, and
726	the regulation and disposition thereof.
727	(d) Limitations on the right of the district to restrict
728	and regulate the use of the health facility.
729	(e) Limitations on the purpose to which the proceeds of
730	sale of any issue of revenue bonds then or thereafter to be
731	issued may be applied and pledging such proceeds to secure the
732	payment of the revenue bonds or any issue of the revenue bonds.
733	(f) Limitations on the issuance of additional bonds, the
734	terms upon which additional bonds may be issued and secured, and
735	the refunding of outstanding bonds.
736	(g) The procedure, if any, by which the terms of any
737	contract with bondholders may be amended or abrogated, the
738	amount of bonds the holders of which must consent thereto, and
739	the manner in which such consent may be given.
740	(h) Defining the acts or omissions to act which shall
741	constitute a default in the duties of the district to holders of
742	its obligations and providing the rights and remedies of such
743	holders in the event of a default.
744	(6) Neither the members of the board of trustees of the
745	district nor any person executing the revenue bonds or notes
746	shall be liable personally on the revenue bonds or notes or be
747	subject to any personal liability or accountability by reason of
748	the issuance thereof.
749	(7) In the discretion of the district, any revenue bonds
750	issued under the provisions of this part may be secured by a
751	trust agreement by and between the district and a corporate
752	trustee, which may be any trust company or bank having the
753	powers of a trust company within or without the state. Such
754	trust agreement or resolution providing for the issuance of such
755	bonds may pledge or assign the fees, rents, charges, or proceeds
756	from the sale of any health facility or part thereof, insurance
757	proceeds, condemnation awards, and other funds and revenues to
758	be received therefor as security for repayment of the bonds.
759	Such bonds shall contain such provisions for protecting and
760	enforcing the rights and remedies of the bondholders as may be
761	reasonable and proper and not in violation of law, including
762	covenants setting forth the duties of the district in relation
763	to the acquisition of property and the construction,
764	improvement, maintenance, repair, operation, and insurance of
765	the health facility or facilities in connection with which such
766	bonds shall have been authorized; the fees, rents, and other
767	charges to be fixed and collected; the sale of any health
768	facility, or part thereof, or other property; the terms and
769	conditions for the issuance of additional bonds; and the
770	custody, safeguarding, and application of all moneys. It shall
771	be lawful for any bank or trust company incorporated under the
772	laws of the state which may act as depository of the proceeds of
773	bonds, revenues, or other money hereunder to furnish such
774	indemnifying bonds or to pledge such securities as may be
775	required by the district. Any such trust agreement or
776	resolution shall set forth the rights and remedies of the
777	bondholders and of the trustee and may restrict the individual
778	right of action by bondholders. In addition to the foregoing,
779	any such trust agreement or resolution may contain such other
780	provisions as the district may deem reasonable and proper for
781	the security of the bondholders. All expenses incurred in
782	carrying out the provisions of such trust agreement or
783	resolution may be treated as a part of the cost of the health
784	facility or facilities in connection with which bonds are issued
785	or as an expense of administration of such health facilities as
786	the case may be.
787	(8) Revenue bonds issued under the provisions hereof shall
788	not be deemed to constitute a debt, liability, or obligation of
789	the state or any political subdivision thereof or of the
790	district, or a pledge of the faith and credit of the state or
791	any political subdivision thereof, but shall be payable solely
792	from the revenues provided therefor. All such revenue bonds
793	shall contain on the face thereof a statement to the effect that
794	the district shall not be obligated to pay the same or the
795	interest thereon except from the revenues of or derived from the
796	health facility or of the district, or any portion thereof, and
797	that neither the faith and credit nor the taxing power of the
798	state or of any political subdivision thereof, including the
799	district, is pledged to the payment of the principal of or the
800	interest on such bonds. The issuance of revenue bonds under the
801	provisions of this section shall not directly, indirectly, or
802	contingently obligate the state or any political subdivision
803	thereof or the district to levy or to pledge any form of
804	taxation whatever therefor or to make any appropriation for
805	their payment.
806	(9)(a) The district is hereby authorized to fix and
807	collect fees, rents, and charges for the use of any health
808	facility and any part or section thereof. The district may
809	require that the lessee or operator of any health facility or
810	part thereof shall operate, repair, and maintain the health
811	facility and bear the cost thereof and other costs of the
812	district in connection with the health facility or facilities
813	leased as may be provided in the financing agreement or other
814	contract with the district, in addition to other obligations
815	imposed under such financing agreement or contract.
816	(b) The repayments, fees, rents, and charges to the lessee
817	shall be fixed as to provide a fund at least sufficient to pay
818	the principal of, and the interest on, such bonds as the same
819	shall become due and payable and to create reserves, if any,
820	deemed by the district to be necessary for such purposes. The
821	repayments, fees, rents, charges, and all other revenues and
822	proceeds derived from the health facility or facilities in
823	connection with which the revenue bonds of any issue shall have
824	been issued, except such part thereof as may be necessary for
825	such reserves or any expenditures as may be provided in the
826	resolution authorizing the issuance of such bonds or in the
827	trust agreement securing the same, may be set aside at such
828	regular intervals as may be specified in such resolution or such
829	trust agreement in one or more sinking funds which may be
830	pledged to, and charged with, the payment of the principal of
831	and the interest on such bonds as the same shall become due and
832	the redemption price or the purchase price of bonds retired by
833	call or purchase as therein provided. Such pledge shall be
834	valid and binding from the time when the pledge is made.
835	Notwithstanding any provision of the Florida Uniform Commercial
836	Code requiring the filing of any pledge to create a perfected
837	security interest, the repayments, fees, rents, charges, and
838	other revenues and moneys so pledged and thereafter received by
839	the district shall immediately be subject to the lien of such
840	pledge without any physical delivery thereof or further act, and
841	the lien of any such pledge shall be valid and binding as
842	against all parties having claims of any kind in tort, contract,
843	or otherwise against the district, irrespective of whether such
844	parties have notice thereof. The use and disposition of money
845	to the credit of such sinking fund shall be subject to the
846	provisions of the resolution authorizing the issuance of such
847	bonds or of such trust agreement. Except as may otherwise be
848	provided in the resolution or the trust agreement, the sinking
849	fund shall be a fund for all such bonds without distinction or
850	priority of one over another.
851	Section 17. Bonds Payable From Ad Valorem Taxes.
852	(1) The board of trustees of the Indian River County
853	Hospital District is authorized and empowered by resolution to
854	issue and sell, from time to time, ad valorem bonds of the
855	district for the purpose of raising funds to purchase,
856	establish, construct, equip, and maintain such health facilities
857	for the provision of such health and medical services as in its
858	opinion are necessary or desirable in the district. All ad
859	valorem bonds issued as herein authorized shall be of the
860	denomination of $100 or some multiple thereof, shall bear
861	interest at a rate not to exceed the maximum rate permissible
862	under Florida law, payable semiannually, and both principal and
863	interest shall be payable at such place or places as the board
864	of trustees may determine. The form of such bonds shall be
865	fixed by resolution of the board of trustees, and such bonds
866	shall be signed by the chair of the board of trustees and shall
867	have the seal of the Indian River County Hospital District
868	affixed thereto. The ad valorem bonds may be issued in coupon
869	or in registered form, as the board of trustees may determine in
870	accordance with the Registered Public Obligations Act of
871	Florida, chapter 83-271, Laws of Florida, and provisions may be
872	made for the registration of coupon bonds as to principal alone,
873	and as to both principal and interest, and for the reconversion
874	into coupon bonds of any bonds registered as to both principal
875	and interest. Ad valorem bonds so executed shall be valid
876	notwithstanding any change in the persons holding said office or
877	in the seal occurring after such execution. The ad valorem
878	bonds shall be due not more than 40 years from the date thereof
879	as the board of trustees may determine, and shall be exempt from
880	all state, county, and city taxation. All the ad valorem bonds
881	issued by the Indian River County Hospital District shall have
882	all the quality of negotiable instruments under the Florida
883	Uniform Commercial Code-Investment Securities and shall not be
884	invalidated for any irregularity or defect in the proceedings
885	for the issue and sale thereof, and shall be incontestable in
886	the hands of a bona fide purchasers or holders thereof for
887	value. The bonds in this section authorized and empowered to be
888	issued shall be issued only after the same have been approved by
889	the majority of votes cast in an election of the qualified
890	voters residing in the district. Such election shall be called,
891	held, and conducted in the manner as provided by the general law
892	of the state.
893	(2) Prior to the issuance of such ad valorem bonds, the
894	board of trustees shall, by resolution, determine the amount,
895	not exceeding 5 mills on the dollar, which, in their opinion,
896	will be necessary to be raised annually by taxation for an
897	interest and sinking fund with which to pay the interest and
898	principal of the ad valorem bonds. The board of trustees is
899	authorized, empowered, and required to provide for the levy and
900	collection annually of a sufficient tax, not exceeding 5 mills
901	on the dollar, upon all the taxable property in the district, to
902	pay such interest, and with which to provide and maintain a
903	sinking fund for the payment of the principal of the ad valorem
904	bonds and any ad valorem bonds which may have been assumed by
905	the board.
906	(3) The board of trustees shall offer the ad valorem bonds
907	for sale by notice stating the amount of ad valorem bonds for
908	sale, the maximum rate of interest and when due and payable, by
909	advertising once a week for 2 weeks in a newspaper published in
910	the district. The board of trustees shall receive bids for the
911	purchase of the ad valorem bonds or any part thereof on the date
912	fixed by the notice, being not less than 20 days from the date
913	of first publication. The board shall have the right to reject
914	any and all bids and readvertise the ad valorem bonds or any
915	portion thereof remaining unsold.
916	(4) A bank or banks or other depository or depositories to
917	be designated by the board of trustees shall receive and be
918	custodian of the ad valorem bonds and moneys arising from the
919	sale of said ad valorem bonds.
920	Section 17.1. Refunding Bonds.
921	(1) The board of trustees of the district is authorized
922	and empowered by resolution to issue and sell, from time to
923	time, refunding bonds of the district for the purpose of
924	refunding any bonds then outstanding and issued under the
925	provisions of sections 16.2 and 17, including any redemption
926	premium, and any interest accrued or to accrue to the earliest
927	or subsequent date of redemption, purchase, or maturity of such
928	bonds, and, if deemed advisable by the board of trustees, for
929	the additional purpose of paying all or any part of the cost of
930	constructing and acquiring additions, improvements, extensions,
931	or enlargements of a health facility or any portion thereof and
932	the costs of issuance of the bonds and the amounts necessary to
933	establish any reserve or other funds required to be established
934	in connection therewith.
935	(2) The proceeds of any such bonds issued for the purpose
936	of refunding outstanding bonds may, in the discretion of the
937	board of trustees, be applied to the purchase or retirement at
938	maturity or redemption of such outstanding bonds either on their
939	earliest or any subsequent redemption date or upon the purchase
940	or at the maturity thereof and may, pending such application, be
941	placed in escrow to be applied to such purchase or retirement at
942	maturity or redemption on such date as may be determined by the
943	board of trustees.
944	(3) Any such escrowed proceeds, pending such use, may be
945	invested and reinvested in obligations of, or guaranteed by, the
946	United States of America, or any agency or instrumentality
947	thereof presently existing or hereafter created or in
948	certificates of deposit or time deposits secured by obligations
949	of, or guaranteed by, the United States of America, maturing at
950	such time or times as shall be appropriate to assure the prompt
951	payment, as to the principal, interest, and redemption premium,
952	if any, of the outstanding bonds to be so refunded. The
953	interest, income, and profits, if any, earned or realized on any
954	such investment may also be applied to the payment of the
955	outstanding bonds to be so refunded. After the terms of the
956	escrow have been fully satisfied and carried out, any balance of
957	such proceeds and interest, income, and profits, if any, earned
958	or realized on the investments thereof may be returned to the
959	district for use by it in any lawful manner.
960	(4) The portion of the proceeds of any such bonds issued
961	for the additional purpose of paying all or any part of the cost
962	of constructing and acquiring additions, improvements,
963	extensions, or enlargements of a health facility may be invested
964	and reinvested in obligations of, or guaranteed by, the United
965	States of America, or in certificates of deposit or time
966	deposits secured by obligations of, or guaranteed by, the United
967	States of America, maturing not later than the time or times
968	when such proceeds will be needed for the purpose of paying all
969	or any part of such cost. The interest, income, and profits, if
970	any, earned or realized on such investment may be applied to the
971	payment of all or any part of such cost or may be used by the
972	district in any lawful manner.
973	(5) The issuance of such obligations, the maturities and
974	other details thereof, the rights and remedies of the holders
975	thereof, and the rights, powers, privileges, duties, and
976	obligations of the district with respect to the same shall be
977	governed by the provisions hereof, as amended, as they may be
978	applicable. The refunding bonds issued by the district are
979	exempt from all taxation to the extent provided by general law.
980	Section 18. Validation of Bonds. Any and all bonds issued
981	under the provisions of this act may be validated by the board
982	of trustees for said Indian River County Hospital District under
983	and in accordance with the provisions of the general laws of
984	Florida, in the same manner as is therein provided for
985	validation of bonds, etc., by any county, municipality, taxing
986	district, etc., of the State of Florida.
987	Section 19. Indigents. Each hospital and clinic
988	established under this act shall be for the use and benefit of
989	the indigent sick who have resided in such County for not less
990	than 1 year next preceding application for admission for
991	treatment. Such residents shall be admitted to such hospital
992	and clinic and be entitled to medical care without charge,
993	subject to the rules and regulations prescribed by said board of
994	trustees. Such hospital and clinics shall care for and treat
995	without charge only such patients who are found by such board of
996	trustees to be indigent, but such board may collect from
997	patients financially able such charges as such board of trustees
998	may, from time to time, establish. Such board of trustees shall
999	have the power to extend the benefits and privileges of such
1000	hospitals and clinics and treatment and outpatient department to
1001	the homes of the indigent residents of such county. Said board
1002	of trustees may extend the privileges and use of such hospitals
1003	and clinics to nonresidents of such district upon such terms and
1004	conditions as the said board may from time to time by its rules
1005	and regulations provide, provided, however, that the indigent
1006	residents of the district wherein such hospitals and clinics are
1007	located shall have the first claim to admission.
1008	The board of trustees is authorized to accept moneys from
1009	the welfare funds provided by Indian River County, the State of
1010	Florida, the United States of America, or any other source for
1011	the payment of the cost of treatment and care of the indigent.
1012	Section 20. Eminent Domain. The board shall have the
1013	power of eminent domain and may thereby condemn and acquire any
1014	real property which the board may deem necessary for the use of
1015	said district. Such power of condemnation shall be exercised in
1016	the same manner as is now provided by the general law for the
1017	exercise of the power of eminent domain by cities and towns of
1018	the State of Florida.
1019	Section 21. Donations. Any person or persons, firm,
1020	organizations, corporations, or society, public or private,
1021	municipal corporations, or municipalities desiring to make
1022	donations of money, personal property, or real estate for the
1023	benefit of such hospital, for the creation of a memorial or an
1024	endowment, or for any other purpose shall have the right to vest
1025	title of the money, personal property, or real estate so donated
1026	in said board of trustees to be controlled when accepted by the
1027	board of trustees of said hospital according to the terms of the
1028	deed, gift, devise, or bequest of such property.
1029	Section 22. Liberal Construction. It is intended that the
1030	provisions of this act shall be liberally construed for
1031	accomplishing the work authorized and provided for or intended
1032	to be and provided for in this act, and where strict
1033	construction would result in the defeat of the accomplishment of
1034	any part of the work authorized by this act and a liberal
1035	construction would permit or assist in the accomplishment
1036	thereof, the liberal construction shall be chosen.
1037	Section 23. Invalidity. Any clause or section of this act
1038	which for any reason may be held or declared invalid, may be
1039	eliminated and the remaining portion or portions thereof shall
1040	be and remain in full force and be valid as if such invalid
1041	clause or section had not been incorporated therein.
1042	Section 24. Retirement Program. The board of trustees
1043	shall have the power to provide a retirement program for the
1044	Indian River County Hospital District employees; to establish
1045	qualifications for coverage under the program; to pay any part
1046	or all of the cost of such program; to contract with any company
1047	licensed to do business in Florida for the establishment and
1048	operation of the program; to charge its covered employees for
1049	the employees’ share of the cost of the program; to take such
1050	other action as may be necessary to establish and operate the
1051	retirement program; and to withdraw, by resolution of the board
1052	of trustees, from the State and County Officers and Employees'
1053	Retirement System of Florida, as established by chapter 122,
1054	Florida Statutes. All general, special, or local laws or parts
1055	thereof inconsistent herewith are declared to be inapplicable to
1056	the provisions of this act, including specifically section
1057	122.061, Florida Statutes, which shall not apply and which is
1058	hereby amended insofar as it prohibits the withdrawal of the
1059	Indian River County Hospital District and its employees from the
1060	retirement system. In the event that the board of trustees
1061	adopts a resolution by which the Indian River County Hospital
1062	District and its employees shall be withdrawn from the State and
1063	County Officers and Employees' Retirement System, such
1064	withdrawal shall become effective on the first day of the next
1065	month following the adoption of such resolution, and the board
1066	of trustees shall send a certified copy of the resolution to the
1067	Department of Management Services. Beginning on the first day
1068	of the next month following the adoption of the resolution, the
1069	Indian River County Hospital District shall not be required to
1070	contribute to the State and County Officers and Employees'
1071	Retirement System, and its employees shall not thereafter be
1072	participants in said system. Following the adoption of the
1073	resolution, 100 percent of the contributions previously made to
1074	the state retirement system shall be refunded to the employees
1075	of the Indian River County Hospital District and the said
1076	district, without interest, and the Department of Management
1077	Services shall make such refunds upon application therefor by
1078	each employee and the district, notwithstanding any other
1079	provisions of the general law relating to such refund.
1080	Section 24.1. Employee Insurance. The Indian River County
1081	Hospital District is authorized and empowered to provide for
1082	life and disability and medical insurance for all or any of its
1083	employees or officers on a group insurance plan, or other
1084	acceptable plan, approved by the board of trustees of the Indian
1085	River County Hospital District, and to establish and create by
1086	resolution such other employee benefit programs as the board of
1087	trustees may deem proper for any groups of officers or employees
1088	of the district qualified for such program, and to pay all or
1089	such portion of the costs of any such plan or program from funds
1090	available to the district from such balance thereof, if any, as
1091	the board of trustees by resolution may determine for any and
1092	all groups of officers or employees of the Indian River County
1093	Hospital District.
1094	Section 25. Tax Anticipation Financing; Additional
1095	Provisions. In addition to any other obligations authorized
1096	under this act, the board of trustees of the Indian River County
1097	Hospital District is hereby authorized to borrow a sum not to
1098	exceed the maximum outstanding amount at any time of $15 million
1099	and to evidence such loan made to the district by its tax
1100	anticipation note or notes bearing interest at a rate not to
1101	exceed the maximum rate permissible under Florida law. The sum
1102	so borrowed shall be repaid together with interest at a rate not
1103	to exceed the maximum rate permissible under Florida law. The
1104	notes authorized in this section shall be made only after the
1105	same have been approved by the majority of votes cast in an
1106	election in which the majority of qualified voters residing in
1107	the district shall participate. Such election shall be called,
1108	held, and conducted in the manner as provided by the general law
1109	of the state.
1110	Section 4. Chapters 61-2275, 63-1432, 65-1708, 67-1515,
1111	67-1516, 71-688, 72-568, 74-499, 76-387, 84-451, 99-485, and
1112	2002-345, Laws of Florida, are repealed.
1113	Section 5. If any provision of this act or its application
1114	to any person or circumstance is held invalid, the invalidity
1115	does not affect other provisions or applications of the act
1116	which can be given effect without the invalid provision or
1117	application, and to this end the provisions of this act are
1118	declared severable.
1119	Section 6. This act shall take effect upon becoming a law.