Bill Text: HB 0203, Engrossed 1

HB 0203, Engrossed 1

2003

A bill to be entitled

An act relating to the Lower Florida Keys Hospital

District, Monroe County; providing legislative intent;

codifying, amending, repealing, and reenacting all special

acts relating to the district; repealing chapters 67-1724,

69-1322, 72-617, 73-555, 73-558, 75-450, 77-600, 77-601,

77-602, 77-603, 78-565, 79-511, 82-414, 87-459, 89-551,

and 94-415, Laws of Florida; providing an effective date.

WHEREAS, the transactions authorized by this act will

enhance the efficiency of the delivery of hospital services to

residents of the district and protect the availability of needed

hospital services to residents of the district, including

indigent residents, NOW, THEREFORE,

Be It Enacted by the Legislature of the State of Florida:

Section 1. Pursuant to section 189.429, Florida Statutes,

this act constitutes the codification of all special acts

relating to the Lower Florida Keys Hospital District. It is the

intent of the Legislature in enacting this law to provide a

single, comprehensive special act charter for the district

including all current legislative authority granted to the

district by its several legislative enactments and any

additional authority granted by this act. It is further the

intent of this act to preserve all District authority in

addition to any authority contained in the Florida Statutes, as

amended from time to time.

Section 2. Chapters 67-1724, 69-1322, 72-617, 73-555, 73-

558, 75-450, 77-600, 77-601, 77-602, 77-603, 78-565, 79-511, 82-

414, 87-459, 89-551, and 94-415, Laws of Florida, are amended,

codified, reenacted, and repealed as herein provided.

Section 3. The charter for the Lower Florida Keys Hospital

District is re-created and reenacted to read:

Section 1. A special tax district is created and

incorporated in Monroe County to be known as the "Lower Florida

Keys Hospital District,” hereafter referred to as the

"district." Said district shall include that portion of Monroe

County embracing Key West and the Florida Keys that is between

range 24 east and range 31 east.

Section 2. The governing body of the Lower Florida Keys

Hospital District, hereinafter referred to as the "board," shall

consist of nine commissioners, of whom no more than one

commissioner may be a member of the medical profession. On or

before September 12, 1977, the Governor shall appoint all nine

commissioners as follows: two for a term of four years each,

two for a term of three years each, two for a term of two years

each, and three for a term of one year each. Thereafter, all

commissioners shall be appointed by the Governor for terms of

four years each and vacancies shall be filled by appointment by

the Governor for the unexpired term. All commissioners shall

serve without compensation and shall be qualified electors

residing in the Lower Florida Keys Hospital District for more

than one year prior to the appointment; at least three

commissioners shall reside in said hospital district other than

at Key West, at least three commissioners shall reside in Key

West, and the remaining commissioners shall reside in any area

of the district. The commissioners shall be reimbursed for per

diem and traveling expenses in accordance with the provisions of

s. 112.061, Florida Statutes. Each commissioner shall give bond

to the Governor for the faithful performance of his or her

duties in the sum of $5,000 with a security company qualified to

do business in this state as surety, which bond shall be

approved and kept by the Clerk of the Circuit Court of Monroe

County. The board shall elect annually one of its members chair

and shall elect or appoint a vice chair, a secretary, a

treasurer, and such other officers and assistants as the board

may determine, who need not be members of the board. The office

of secretary and treasurer may be held by one person. Should the

treasurer be other than a member of the board, he or she shall

give a like bond of $5,000 for the faithful performance of his

or her duties. Premiums on all bonds required by this section

shall be paid as part of the expenses of the district. The

Governor of the State of Florida shall have the power to remove

any member of said board for cause.

Section 3.

(1) The board shall have all the powers of a body

corporate, including, but not limited to, the power to sue and

be sued under the name of the Lower Florida Keys Hospital

District; to enter into contracts; to adopt and use a common

seal and to alter same at pleasure; to create, establish, or

otherwise acquire corporations, under the control of the

district, which corporations shall have all the powers

enumerated in chapter 607, Florida Statutes, unless prohibited

by the Florida Constitution or this act; to enter into capital

or operating leases; to acquire, purchase, hold, lease,

mortgage, and convey such real and personal property as the

board may deem proper or expedient to carry out the purposes of

this act; to appoint and employ an administrator, and such other

agents and employees as the board may deem advisable to operate

and manage the district’s facilities; to fix the compensation of

all employees and to remove any appointees or employees; to

ensure the improvements, fixtures, and equipment against loss by

fire, windstorm, or other coverage in such amounts as may be

determined reasonable and proper; to borrow money and to issue

evidence of indebtedness of the district therefor to carry out

the provisions of this act in the manner as set forth in this

act.

(2) Without limitation by any other provision of this act

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and notwithstanding any other provision of this act, the

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district is authorized and empowered to: form a Florida not-for-

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profit corporation of which the district is the sole member but

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which may include on its board a minority of the members thereof

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designated by a private person; lease the district’s facilities

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to such not-for-profit corporation; provide in such leases

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options to sell and/or purchase such facilities for fair market

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value as determined in a manner acceptable to the district;

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transfer the operations of the district’s facilities to such

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not-for-profit corporation; sell, assign, or transfer contracts

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or leases of the district to such not-for-profit corporation;

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and enter into and perform agreements for the provision of

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hospital and other health care services to indigent and other

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residents of the district, with all of the foregoing being on

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such terms and conditions as the district in its sole discretion

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may determine is in the public interest, but subject to

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subsection (3). Nevertheless, the district shall supervise such

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not-for-profit corporation by election of a majority of such

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not-for-profit corporation’s board and by review and approval of

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such not-for-profit corporation’s budgets, rates, and charges;

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its policies regarding medical staff appointment, reappointment,

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and adverse action; and its policies regarding admission and

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discharge of patients and purchases of goods and services. Each

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member of the not-for-profit corporation’s board must file full

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and public disclosure of his or her financial interest in the

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same manner and to the same extent as is required of

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constitutional officers by Section 8 of Article II of the State

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Constitution. For the purposes of the foregoing, the word

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“person” has the meaning ascribed thereto in section 1.01,

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Florida Statutes, 1989. This section does not abrogate or limit

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the district’s responsibilities under this act relating to the

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provision of indigent care to residents of the district.

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(3) Any transaction entered into pursuant to subsection

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(2) must:

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(a) Provide that the articles of incorporation of each

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such not-for-profit corporation be subject to the approval of

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the board of commissioners of the district;

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(b) Provide for the orderly transition of the district’s

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hospital facilities to not-for-profit corporate status; and

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upon termination of the lease thereof or dissolution of such

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not-for-profit corporation except that the district may not be

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prohibited from granting and performing options to purchase any

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or all of the district’s facilities for fair market value

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determined in a manner acceptable to the district.

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(d) Any transfer, sale, or lease of a hospital facility by

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the district shall be preconditioned upon the transferee, buyer,

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or lessee providing, on an annual basis, an amount of indigent

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care and Medicaid care to residents of the district which is not

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less than the amount of such care previously provided by the

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hospital as reported to the Health Care Cost Containment Board

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in the last year prior to the transfer, sale, or lease of the

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hospital facility, provided there is the demand for such level

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of indigent care and Medicaid care in the district. Any

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contract, agreement, or lease of a hospital entered into by the

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district shall also comply with the provisions of section

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155.40, Florida Statutes.

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Section 4. Regular meetings shall be held not less than

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quarterly, but may be held as frequently as deemed necessary,

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which additional regular meetings shall be called in the same

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manner as special meetings. A special meeting may be called by

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the chair or at the request of three (3) members of the board of

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commissioners, and said meeting shall be held no later than

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three (3) days from the date called or requested. A quorum for

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special and regular meetings shall consist of at least one half

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(1/2) of the membership of said board then appointed, qualified,

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and so serving. Death and accepted resignation of members shall

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not be considered in ascertaining the number necessary for a

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quorum. In the absence of the chair or his or her inability to

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act at any regular or special meeting, warrants for payment of

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money may be signed by the vice chair or by any other member of

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the board selected by the members present as chair pro tem.

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Section 5. The board through its secretary, or secretary-

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treasurer as the case may be, shall keep true and accurate

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minutes and records of all business transacted by it, and shall

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keep full, true, and complete books of account and minutes,

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which minutes, records, and books of account at all reasonable

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times shall be open and subject to inspection and copying by any

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inhabitant of the district. Failure to comply with this section

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shall constitute a misdemeanor and be punishable as such as

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provided by law.

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Section 6. The board is authorized to establish,

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construct, lease, operate, and maintain a hospital or hospitals,

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medical facilities, and other health care related facilities and

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services as in its opinion shall be necessary for the use of the

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people of the district. Said hospital or hospitals, medical

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facilities, and other health care related facilities and

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services shall be established, constructed, leased, operated,

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and maintained by the board for the preservation of the public

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health, for the public good, and for the use of the public of

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the district, and maintenance of such hospital or hospitals,

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medical facilities, or other health care related facilities and

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services within the district is hereby found and declared to be

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a public purpose and necessary for the preservation of the

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public health and welfare of the district and inhabitants

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thereof. The board may enter into contractual relationships

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with other health service organizations, either public or

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private, for the provision of such administrative and medical

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services as it does not on its own provide in connection with

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said hospital or hospitals, medical facilities, or other health

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care related facilities and services. The location of any

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hospital, medical facility, or other health care related

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facility established under this act shall be determined by the

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board. The board is authorized to accept any and all gifts,

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loans, or advancements for the purchase of property, real or

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personal, for the construction, equipping, and maintenance of

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any hospital, medical facility, or other health care related

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facility established hereunder.

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Section 7. (1) Before any single purchase of merchandise,

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supplies, materials, machinery, or equipment is made, the price

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of which exceeds five thousand dollars ($5,000.00), or any

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contracts for any construction work is let, the price of which

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exceeds five thousand dollars ($5,000.00), there shall be an

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advertisement by the board at least one (1) time in a newspaper

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of general circulation published in Key West, inviting sealed

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bids or proposals to furnish such merchandise, supplies,

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materials, machinery, or equipment or to perform such

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construction. Sealed bids or proposals received shall be

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properly evaluated by the board and the lowest responsible bid

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or proposal shall be accepted unless the board shall reject all

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sealed bids or proposals. If all sealed bids be rejected, new

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sealed bids or proposals shall be solicited by advertisement.

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The board may, by resolution or motion, dispense with

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advertising for sealed bids or proposals in the event of an

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emergency requiring that merchandise, supplies, materials,

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machinery, or equipment or construction work is necessary and

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required. If after two (2) successive unsuccessful attempts to

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obtain sealed bids or proposals, or in the event of an

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emergency, the board may purchase merchandise, supplies, or

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materials or contract for construction or repairs by negotiation

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with suppliers or contractors. When an emergency is declared to

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exist by action of the majority of the board members meeting in

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a regular or special meeting, the basis of such determination

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and the vote of each member of the board shall be set forth in

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writing in the minutes of the meeting.

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(2) The district’s board of commissioners is specifically

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delegated the authority to grant, deny, revoke, or suspend staff

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privileges at its hospitals, medical facilities, or other health

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care related facilities according to the applicable Florida

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Statutes and the applicable rules and regulations. A decision

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of the board of commissioners of the Lower Florida Keys Hospital

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District to refuse, revoke, or suspend membership on the staff,

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or to refuse, revoke, or suspend any privileges attendant to

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such membership, is hereby declared to be a quasi-judicial

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function of the board and judicial review of such decision shall

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be by petition for certiorari to the District Court of Appeal of

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Florida prescribed by the Florida Appellate Rules having

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jurisdiction of the appeals from Monroe County, in the time and

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manner prescribed by the Florida Appellate Rules for such

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petitions for writ of certiorari, unless the provisions of such

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appellate rules shall confer exclusive jurisdiction of such

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petition upon the Supreme Court of Florida.

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Section 8. The board in its discretion is authorized to

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establish and maintain in connection with any hospital, medical

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facility, or other health care related facility established

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under this act a training school for nurses and other health

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care related professionals, which school must conform to all the

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requirements of the general state law governing schools of

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professional nursing and the practice of nursing and such other

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professional sciences. The board is authorized to promulgate

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and adopt all rules and regulations necessary or required by

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general law for the operation of such training schools and to

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make all necessary expenditures in connection therewith. The

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board is also authorized in its discretion to establish,

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operate, and maintain a nursing home, an ambulance service, and

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such other services related to the operation and maintenance of

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a hospital, medical facility, or other health care related

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facility in a manner provided by general law.

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Section 9. The board of commissioners is authorized and

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empowered, at any time in its discretion, to establish,

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maintain, or participate in such programs and projects of and

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for medical research, education, and development affecting human

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physical or mental health and well-being as it may deem

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desirable; and in connection with such programs and projects the

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board of commissioners is authorized and empowered to cooperate

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with public and private educational or research institutions,

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corporations, foundations, or organizations of any and all types

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as well as agencies, departments, divisions, branches, or bodies

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of government, or created by government, whether federal, state,

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county, municipal, or otherwise. In furtherance of such

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programs and projects, the board of commissioners is further

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authorized and empowered to expend moneys and utilize assets and

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property, real or personal, of the district and to receive

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donations, grants, or gifts of money or property, real or

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personal, from any person or persons, firm, organization,

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corporation, society, institution, foundation, or legal entity

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of whatever nature whether private, governmental, or public.

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Section 10. To carry out the provisions of this act, the

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board is authorized to borrow money from time to time for

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periods of time not exceeding one (1) year at any one time and

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to issue any note of the district therefor upon such terms and

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upon such rates of interest not exceeding the current prime rate

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as the board may deem advisable and to secure the payment of

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same by note or mortgage and note upon any property, real or

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personal, owned by the district. The board shall have the

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additional right to pledge as security for money borrowed any

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moneys accruing to it or to accrue to it from any source,

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including revenues derived from the operation of any hospital

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established under this act; provided, however, that the

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aggregate amount of principal of moneys so borrowed upon the

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note or notes of the district shall not at any one time exceed

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the sum of $3 million or 20 percent of the appraised value of

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the capital assets of the district, whichever sum is greater.

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The board shall have the authority to receive and accept grants,

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gifts, and donations from any person, firm, trust, foundation,

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corporation (whether profit or nonprofit), partnership, estate,

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or governmental agency. The board shall have exclusive control

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of all expenditures of and from the moneys, loan proceeds,

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contributions, and revenues of the district, except that persons

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who desire to make contributions to the district shall have the

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right to attach conditions to their gifts. The board, upon

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accepting any such contribution, shall be controlled by the

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terms of the gift, bequest, or devise, and may, in such cases,

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establish funds therefor separate and apart from items of

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general revenue. Any such contribution made to the district

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without conditions attached thereto may be expended by the board

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for such purposes as shall be deemed necessary and proper by the

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board of commissioners.

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Section 11. The board is authorized to issue bonds of the

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district bearing interest for the purposes set forth in this

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act, for the purpose of raising funds to establish, construct,

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refinance, or pay off existing obligations previously incurred

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on capital expenditures, and maintain any hospital as in the

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board’s opinion is necessary in the district, and for the

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acquisition and development of real property, including

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appurtenances, fixtures, and equipment, and for major repairs or

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renovations to real property which significantly extend its

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useful life or change its function, and for any necessary

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operating capital outlay to furnish and operate a new or

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improved facility. The board shall have the power to refund any

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and all previous issues of bonds for any and all lawful hospital

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purposes. All the proceeds derived from the sale of bonds or

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refunding bonds, exclusive of expenses, shall be deposited in a

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depository selected by the board. Nothing herein shall limit

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any rights the district has or may have under general law.

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Section 12. Prior to the issuance of bonds, the board

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shall, by resolution, determine the amount which in its opinion

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will be necessary to be raised annually by taxation for an

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interest and sinking fund with which to pay the interest and

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principal of the bonds; and the board is authorized and required

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to provide annually for the levy and collection of a sufficient

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tax upon all the taxable property in the district, not exempt by

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law, to pay such interest, and with which to provide and

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maintain a sinking fund for the payment of the principal of

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bonds.

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Section 13. All bonds issued by the board, except

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refunding bonds, revenue bonds, or certificates and anticipation

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time warrants, shall be issued only after the same shall have

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been approved by the majority vote of the electors voting in an

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election called and held by the board subject to reasonable

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rules and regulations prepared by the board. In the event it is

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determined to hold an election to decide whether the electors

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are in favor of the issuance of bonds, the board, by resolution,

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shall order an election to be held in the district and shall

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give 30 days' notice of election by publication in a newspaper

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of general circulation within the district once a week for 4

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consecutive weeks during such period.

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Section 14. Only registered electors of the district shall

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be permitted to vote at a bond election. For the purpose of

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determining the total number of qualified electors residing in

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the district, the Supervisor of Registration of Monroe County

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shall prepare a list of the names of all qualified electors

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appearing upon the registration books of Monroe County and

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qualified to vote in the election. Such lists shall be

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furnished to the inspectors or clerks of the election at each

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voting place and such lists shall be prima facie evidence of the

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total number of qualified electors eligible to participate in

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the election. No person shall be permitted to vote in such

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election whose name does not appear on such list.

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Section 15. As far as practicable and where not

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inconsistent with the provisions of this act, the procedure

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outlined in chapter 100, Florida Statutes, providing the

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procedure for bond elections, shall govern.

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Section 16. All bonds issued under this act shall be in

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the denomination of $500 or some multiple thereof, shall bear

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interest payable annually or semiannually, and both principal

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and interest shall be payable at such prices as the board may

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determine. The form of such bond shall be fixed by resolution

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of the board and said bonds shall be signed by the chair and

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countersigned by the secretary under the seal of the district.

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The coupons, if any, shall be executed by the facsimile

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signatures of said officers. The delivery at any subsequent

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date of any bond and coupons so executed shall be valid,

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although before the date of delivery the persons signing bonds

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or coupons shall cease to hold office.

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Section 17. Bonds issued hereunder may be either

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registered or coupon bonds. Coupon bonds may be registered as

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to principal in the holder’s name on the books of the district,

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the registration being noted upon the bonds, after which no

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transfer shall be valid unless made on the district’s books by

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the registered holder and similarly noted on the bonds. Bonds

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registered as to principal may be discharged from registration

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by being transferred to bearer, after which they shall be

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transferable by delivery, but may be again registered as to

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principal as before. The registration of the bonds as to

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principal shall not restrain the negotiability of the coupons by

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delivery merely.

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Section 18. Before any bonds of the district are issued

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hereunder, the board shall investigate and determine the

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legality of the proceedings. The resolution authorizing the

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bonds may direct that they shall contain the following recital:

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"It is certified that this bond is authorized by and is issued

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in conformity with the requirements of the constitution and

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statutes of the State of Florida."

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Such recital shall be an authorized declaration by the board and

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shall import that there is constitutional and statutory

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authority for incurring the debts and issuing the bonds; that

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all the proceedings therefor are regular; that all acts,

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conditions, and things required to exist, happen, and be

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performed precedent to and in the issuance of the bond have

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existed, happened, and been performed in due time, form, and

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manner, as required by law; and that the amount of the bond,

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together with all other indebtedness, does not exceed any limit

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prescribed by the constitution and statutes of this state. If

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any bond be issued containing the recital, it shall be

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conclusively presumed that the recital, construed according to

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the import hereby declared, is true, and the district shall not

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be permitted to question the validity or legality of the

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obligation in any court in any action or proceeding.

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Section 19. In issuing bonds under the provision of this

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act, it shall be lawful for the board to include more than one

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(1) improvement or hospital purpose in any bond issue.

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Section 20. All bonds issued hereunder shall be advertised

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for sale on sealed bids, which advertisement shall be published

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once a week for three (3) weeks, the first publication to be

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made at least twenty-one (21) days preceding the date fixed for

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the reception of bids, in a newspaper published in the hospital

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district. Notice of sale shall also be published once a week

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for three (3) weeks preceding the date fixed for the reception

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of bids, either in a financial paper published in the city of

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New York, the city of Chicago, or the city of Baltimore, or in a

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newspaper of general circulation published in a city in Florida

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having a population of not less than twenty thousand (20,000)

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inhabitants according to the latest official decennial census.

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The board may reject any and all bids. If the bonds are not

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sold pursuant to such advertisements, they may be sold by the

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board at private sale within sixty (60) days after the date

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advertised for the reception of sealed bids, but no private sale

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shall be made at a price less than the highest bid which shall

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have been received. If not sold, bonds shall be readvertised in

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the manner herein prescribed. No bonds issued hereunder shall

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be sold for less than ninety-five percent (95%) of the par value

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and accrued interest.

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Section 21. No resolution or proceeding in respect to the

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issuance of bonds shall be necessary except as required by this

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act. Any publication prescribed hereby may be made in any

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newspaper conforming to the terms of this act, without regard to

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the designation thereof as the official organ of the district.

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Bonds issued hereunder shall have all the qualities of

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negotiable paper under the law merchant, shall not be invalid

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for any irregularity or defect in the proceedings for the issue

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and sale thereof, and shall be incontestable in the hands of a

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bona fide purchaser or holder for value.

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Section 22. The board shall have the power to provide by

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resolution for the issuance of refunding bonds to refund

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principal and interest of an existing bond indebtedness, for the

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payment of which the tax moneys derived from the district is

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pledged, and such bonds may be issued at or prior to maturity of

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the bonds to be refunded. Such resolution may be adopted at a

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regular or special meeting, and at the same meeting at which it

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is introduced, by a majority of the members of the board then in

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office. It is determined and declared as a matter of

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legislative intent that no election to authorize the issuance of

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refunding bonds shall be necessary except in cases where an

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election may be required by the state constitution. In all

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cases where it is not necessary under the constitution to hold

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an election on the issuance of such refunding bonds, such

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resolution shall take effect immediately upon the adoption

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thereof. No other proceedings shall be required for the

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issuance of bonds by the district other than the provisions of

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section 20 of this act which shall be applicable to this

471

section.

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Section 23. The resolution of the board authorizing the

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issuance of the refunding bonds may provide that the refunding

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bonds may be issued in one (1) or more series, bear the date,

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mature at the time not exceeding thirty (30) years from their

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respective dates, bear interest at the rate not exceeding the

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maximum rate of interest borne by the notes, bonds, or other

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obligations refinanced thereby, be in the denomination, be in

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the form either coupon or registered, carry the registration and

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conversion privileges, be executed in the manner, be payable in

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the medium of payment at the place, be subject to the terms of

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redemption with or without a premium, be declared or become due

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before the maturity date thereof, provide for the replacement of

484

mutilated, destroyed, stolen, or lost bonds, be authenticated in

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the manner and upon compliance with the conditions, and contain

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such other terms and covenants as may be desired.

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Notwithstanding the form or tenor of a bond and in the absence

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of an express recital on the face that the bond is

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nonnegotiable, all refunding bonds shall be considered

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negotiable instruments for all purposes.

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Section 24. Refunding bonds bearing the signature of board

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officers of the district in office on the date of the signing

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thereof shall be valid and binding obligations of the district

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for all purposes, notwithstanding that before the delivery

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thereof any or all of the persons whose signatures appear

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thereon shall have ceased to be officers of the district. Any

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resolution authorizing refunding bonds may provide that any

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refunding bonds issued pursuant to this act may contain such a

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recital, and any refunding bond issued under authority of any

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resolution shall be conclusively deemed to be valid and to have

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been issued in conformity with the provisions of this act. The

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authority of a district to issue obligations under this act may

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be determined and obligations to be issued under this act may be

504

validated as provided by law.

505

Section 25. Refunding bonds may be sold or exchanged as

506

follows:

507

(1) In installments at different times, or an entire issue

508

or series may be sold or exchanged at one (1) time. Any issue

509

or series of refunding bonds may be exchanged in part or sold in

510

parts in installments at different times or at one (1) time.

511

The refunding bonds may be sold or exchanged at any time on,

512

before, or after the maturity of any of the outstanding notes,

513

bonds, certificates, or other obligations to be refinanced

514

thereby.

515

(2) If the board determines to exchange any refunding

516

bonds, the refunding bonds may be exchanged privately for and in

517

payment and discharge of any of the outstanding notes, bonds, or

518

other obligations of the district. The refunding bonds may be

519

exchanged for a like or greater principal amount of notes,

520

bonds, or other obligations of the district, except the

521

principal amount of the outstanding notes, bonds, or other

522

obligations to the extent necessary or advisable, in the

523

discretion of the board, to fund interest in arrears or about to

524

become due. The holder of outstanding notes, bonds, or other

525

obligations need not pay accrued interest on the refunding bonds

526

to be delivered in exchange therefor if and to the extent that

527

interest is due or accrued and unpaid on the outstanding notes,

528

bonds, or other obligations to be surrendered.

529

(3) If the board determines to sell any refunding bonds,

530

the refunding bonds shall be sold at not less than ninety-five

531

percent (95%) of par at public or private sale, in such manner

532

and upon the terms the board shall deem best for the interest of

533

the district.

534

Section 26. All bonds or refunding bonds issued pursuant

535

to this act shall be legal investments for state, county,

536

municipal, and all other public funds and for banks, savings

537

banks, insurance companies, executors, administrators, trustees,

538

and all other fiduciaries, and shall also be and constitute

539

securities eligible as collateral security for all state,

540

county, municipal, or other public funds.

541

Section 27. The funds of the district shall be paid out

542

only upon warrants signed by the chair or vice chair or such

543

other member of the board designated by the board. Warrants

544

shall have affixed thereto the corporate seal of the district

545

which may be an impression thereon or facsimile thereof. No

546

warrant shall be drawn or issued against funds of the district

547

except for a purpose authorized by this act after the account or

548

expenditure for which the same is to be given in payment has

549

been ordered and approved by the board at a meeting in which a

550

quorum is present.

551

Section 28. A special account shall be set up which shall

552

require only the signature of the administrator of the hospital

553

or hospitals or such other employees as the board shall

554

determine for such purposes. The administrator’s account shall

555

be such sum or sums as the board deems necessary from time to

556

time and shall be used only as a payroll account or for such

557

other purposes as the board shall determine.

558

Section 29. The board is authorized and directed annually

559

to levy upon taxable real property only within the district, not

560

exempt by law, a sufficient tax necessary for the purposes and

561

needs of the district incurred in the exercise of the powers and

562

purposes herein granted. The rate of taxation per annum shall

563

not exceed two (2) mills on the dollar of the county assessed

564

valuation of the property within the district for tax purposes.

565

The term “mill” as used in this section shall be deemed to mean

566

one-tenth (1/10) part of one cent (1c) or one thousandth

567

(1/1000) of a dollar ($1).

568

Section 30. The levy by the board of the taxes authorized

569

by any provision of this act shall be by resolution of the board

570

duly entered upon the minutes of the board. Certified copies of

571

such resolution executed in the name of the board by its chair,

572

under its corporate seal, shall be made and delivered to the

573

board of county commissioners of Monroe County and to the

574

comptroller of the state no later than July 1 of each year. It

575

shall be the mandatory duty of the county commissioners of

576

Monroe County to order and require the county tax assessor of

577

the county to assess, and the county tax collector of the county

578

to collect the amount of taxes so assessed or levied by the

579

board of the district upon the taxable property in the district,

580

not exempt by law, at the rate of taxation adopted by the board

581

of the district for the year and included in the warrant of the

582

tax assessor and attached to the assessment roll of taxes for

583

said county of each year. The tax collector shall collect such

584

tax so levied by the board in the same manner as other taxes are

585

collected and shall pay the same over to the board within the

586

time and in the manner prescribed by law for the payment by the

587

tax collector of county taxes to the county depository. All

588

such taxes shall be held by the board and paid out by them as

589

provided in this act. The board is authorized to pay necessary

590

expenses to the forenamed officers for the assessment and

591

collection of taxes on a reasonable fee basis. If any surplus

592

shall occur in the operation and maintenance fund, the board is

593

authorized to use the surplus or any portion thereof to retire

594

bonded indebtedness, but not to the extent that the financial

595

security of the operation and maintenance fund shall be

596

impaired.

597

Section 31. The board is authorized to pay from the funds

598

of the district all expenses of the organization of the board

599

and all expenses necessarily incurred with the formation of the

600

district and all other reasonable and necessary expenses

601

approved and certified by the board, including the fees and

602

expenses of an attorney in the transaction of the business of

603

the district, and in carrying out and accomplishing the purposes

604

of this act. This section, however, shall not be construed to

605

limit or destroy any of the powers vested in the board by any

606

other section or provision of this act.

607

Section 32. (1) Subject to such provisions and

608

restrictions as may be set forth in the resolution authorizing

609

or securing any bonds issued under the provisions of this act,

610

the board shall have the power to enter into contracts with the

611

government of the United States or any agency or instrumentality

612

thereof, or with the state or any county, municipality,

613

district, authority, or political subdivision, private

614

corporation, partnership, association, or individual providing

615

for or relating to the construction or acquisition of additions,

616

extensions, and improvements to the hospital or hospitals,

617

medical facilities, or other health care related facilities, and

618

any other matters relevant thereto or otherwise necessary to

619

effect the purpose of this act, and to receive and accept from

620

any federal agency, state agency, or other public body grants or

621

loans for or in aid of said purposes and to receive and accept

622

aid or contributions or loans from any other source of either

623

money, property, labor, or other things of value, to be held,

624

used, and applied only for the purpose for which such grants,

625

contributions, or loans may be made.

626

(2) The board is hereby authorized and empowered to lease

627

or sell any real or personal property owned by the district, or

628

to otherwise relinquish and dispose of the district’s title or

629

right to immediate possession of such property, according to the

630

following terms and conditions:

631

(a) Any real or personal property of a fair value of less

632

than $2,500 may be leased or sold, or the title or right to

633

immediate possession otherwise relinquished or disposed of

634

according to the manner and procedure and according to the terms

635

and conditions the board at the time might determine.

636

(b) Any real or personal property of a fair market value

637

of more than $2,500 may be leased, or the right to immediate

638

possession otherwise relinquished, according to the procedures,

639

terms, and conditions that the board approves, to a public or

640

private health service organization for the provision of medical

641

services that the board cannot on its own provide, as authorized

642

by section 6.

643

644

than $2,500 may be sold, or leased for a term of more than 1

645

year and 1 day, or the title or right to immediate possession

646

otherwise relinquished or disposed of for a term of more than 1

647

year and 1 day, after the board has determined by appropriate

648

resolution that such property is surplus to the needs and

649

requirements of the district, and after the board has submitted

650

the property to the general public for offers by publishing a

651

Notice of Intent to Dispose of Property in a newspaper of

652

general circulation published in Key West at least 30 days in

653

advance of such lease, sale, or other disposition. Any person

654

desiring such property shall submit his or her offer to lease or

655

buy to the board during such 30-day period, or during such

656

longer period as the board might establish, along with the terms

657

and conditions of such offer. The published notice shall be

658

sufficient if it shall reasonably identify the property in

659

question and inform any persons interested in such property that

660

the board desires to dispose of said property and seeks offers

661

to lease or buy thereon. It is not required that such notice

662

specify the terms and conditions desired by the district, and if

663

such terms and conditions are included in such notice, or

664

otherwise provided, they are to be for general information only

665

and shall not prevent the board from accepting different terms

666

and conditions which the board might determine to be more

667

beneficial to the district. Offers submitted by the bidders are

668

not required to be sealed or to be kept confidential to the

669

district, unless otherwise specified in the published notice,

670

and any bidder may submit any number of alternate offers at any

671

time during the bidding period.

672

(d) The board is hereby authorized and empowered to accept

673

any bid upon surplus property, and to lease, sell, or otherwise

674

convey said property, in accordance with the provisions of this

675

section, or to reject all the bids, as the board might determine

676

to be in the best interests of the district.

677

(e) The board is authorized and empowered to convey to

678

Monroe County, or to any municipality or to any other

679

governmental body or agency of the State of Florida or of the

680

United States located partially or entirely within the

681

boundaries of the district, any surplus property for a nominal

682

consideration and according to those terms and conditions as the

683

board may at that time determine, regardless of the value of

684

such property, whenever it shall appear to the board that such

685

conveyance would be in the best interests of the district and

686

the residents thereof; provided, however, that such conveyance

687

for nominal consideration shall not be made until at least 30

688

days after the terms and conditions thereof shall have been

689

published in a newspaper of general circulation published in Key

690

West, or until residents and taxpayers of the district shall

691

have been afforded an opportunity to be heard upon such

692

conveyance at a regular meeting of the board.

693

(f) Except as authorized in this section, any real or

694

personal property of a fair market value of more than $2,500 may

695

not be leased, nor may right to immediate possession be

696

otherwise relinquished, for a term exceeding 1 year and 1 day.

697

Section 33. At least once each year the board shall

698

publish once in some newspaper published in the district, a

699

complete detailed annual statement of all moneys received and

700

disbursed by them since the creation of the district as to the

701

first published statement and since the last published statement

702

as to any other year. The statements shall also show the

703

several sources from which the funds were received and shall

704

show the balance on hand at the time of the published statement.

705

It shall show a complete statement of the financial condition of

706

the district.

707

Section 34. Each hospital, medical facility, or other

708

health care related facility established under this act shall be

709

for the use and benefit of the residents of the district.

710

Residents shall be admitted to the hospital or hospitals or any

711

of the related facilities and shall be entitled to

712

hospitalization and treatment, subject, however, to the rules

713

and regulations prescribed by the board effective as of the date

714

of admission of such resident. The board shall be authorized to

715

accept money from any welfare funds provided for Monroe County

716

or moneys available to the indigent patients from a federal,

717

state, or county agency or municipality or moneys available to

718

Monroe County from said governmental agencies for welfare and

719

hospital purposes, for the payment of costs of treatment and

720

care of indigent residents of the district; the board may

721

collect from patients financially able such charges as the board

722

may from time to time establish. The board may exclude from

723

treatment and care any person having a communicable or

724

contagious disease where such disease may be a detriment to the

725

best interests of the hospital or hospitals or related

726

facilities or which may constitute a source of contagion or

727

infection to the patients in its care, unless the institution

728

involved has a separate building or ward for the special

729

treatment of such persons and can properly and with safety to

730

the other patients retain the communicable or contagious case in

731

such separate ward or building. The board may extend the

732

privileges and use of a hospital or related facilities to

733

nonresidents of the district but who pay the rates established

734

by the board and upon such terms and conditions as the board may

735

from time to time by its rules and regulations provide.

736

However, the residents of the district wherein a hospital or

737

related facility is located shall have first claim to admission.

738

The board further shall have the power to furnish and extend the

739

benefits of a hospital or related facility and treatment to the

740

homes of indigent residents of the district. Each municipal

741

corporation situated within the district and the law enforcing

742

agencies of Monroe County shall be liable to the board for the

743

occupancy, care, medicine, and treatment of prisoners in the

744

custody of the municipal corporation or county officers who are

745

admitted to the hospital or other facility operated by the

746

board.

747

Section 35. Realizing that factors other than professional

748

must enter into qualification of those who practice medicine and

749

surgery, the board is authorized to promulgate and adopt rules,

750

regulations, and bylaws for the governing of the operation of

751

any hospital, nursing home, ambulance service, or such other

752

services as may be established under this act and the hospital

753

staff, nursing home, nursing home staff, ambulance service, and

754

medical staff; and the board is authorized to give, refuse,

755

grant, revoke, suspend, and otherwise curtail licenses and/or

756

privileges of staff members so that the welfare and health of

757

patients and the interests of any such hospital, nursing home,

758

and ambulance service may be best served at all times. The

759

board further is authorized to set up rules and regulations for

760

the hospital, nursing home, and an ambulance service, which

761

terms shall include nurses on general duty or on private duty

762

attending patients, and all other personnel in the hospital,

763

nursing home, and ambulance service who are in any capacity in

764

attendance upon patients. There shall be no liability on the

765

part of, and no cause of action of any nature shall arise

766

against any hospital, nursing home, hospital medical staff,

767

ambulance service, district board of commissioners, individually

768

or collectively, or hospital disciplinary body or its agents or

769

employees for any action taken in good faith and without malice

770

in carrying out the provisions of this section. However,

771

nothing in this section shall be construed to relieve any person

772

of liability in the case of medical malpractice or negligence.

773

Section 36. The board on behalf of the district shall

774

secure and keep in force in amounts it may determine reasonable,

775

in companies duly authorized to do business in Florida,

776

liability insurance covering vehicles and premises. The board

777

on behalf of the district shall attempt to secure and keep in

778

force in amounts it may determine reasonable, in companies duly

779

authorized to do business in Florida, liability insurance

780

covering professional malpractice. In the event such

781

professional malpractice insurance is not available or is

782

otherwise available at costs the board deems unreasonable, the

783

board on behalf of the district may elect to self-insure for

784

such risk. In consideration of the premium at which each policy

785

of insurance, if any, shall be written, it shall be part of the

786

insurance contract that the insurance company shall not be

787

entitled to the benefit of the defense of governmental immunity

788

for the insured by reason of exercising a governmental function

789

on any suit brought against the insured. Immunity of the

790

hospital district against liability damages is waived to the

791

extent of liability insurance carried. However, no attempt

792

shall be made at the trial of any action against the district to

793

suggest the existence of any insurance which covers in whole or

794

in part any judgment which may be rendered in favor of a

795

plaintiff. The board, on its behalf individually and on behalf

796

of the district, shall be indemnified by the district for any

797

and all acts taken by it, both collectively and individually, in

798

good faith and without malice in carrying out their duties under

799

this act.

800

Section 37. The board is empowered to destroy any of its

801

records together with any of the records of the hospital or

802

hospitals or related facilities established under this act

803

provided that the records are photographed or microfilmed prior

804

to their destruction.

805

Section 38. It is declared to be the legislative intent

806

that if any section, subsection, paragraph, sentence, clause, or

807

provision of this act is held invalid, the remainder of the act

808

shall not be affected.

809

Section 39. This act shall become effective only upon

810

approval by a majority vote of the qualified freeholder electors

811

voting in a referendum election in which a majority of the

812

freeholders who are qualified registered electors in the

813

district shall participate, to be held in Monroe County at a

814

special election to be called by the county commission within

815

forty-five (45) days from the date this act is filed with the

816

Secretary of State. If the election so held is favorable to the

817

establishment of a hospital district, then the cost of said

818

election shall be borne by the hospital commission created

819

thereby. If such measure fails, then the cost of the special

820

election shall be borne by the county commission of Monroe

821

County.

822

Section 4. If any provision of this act or the application

823

thereof to any person or circumstance is held invalid, the

824

invalidity shall not affect other provisions or applications of

825

the act which can be given effect without the invalid provision

826

or application, and to this end the provisions of this act are

827

declared severable.

828

Section 5. This act shall be construed as a remedial act

829

and shall be liberally construed to promote the purpose for

830

which it is intended.

831

Section 6. Chapters 67-1724, 69-1322, 72-617, 73-555, 73-

832

558, 75-450, 77-600, 77-601, 77-602, 77-603, 78-565, 79-511, 82-

833

414, 87-459, 89-551, and 94-415, Laws of Florida, are repealed.

834

Section 7. This act shall take effect upon becoming a law.

835