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44	repealed as herein provided.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