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35	repealed as herein provided.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