Senate Bill sb2148

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2148

    By Senator Sebesta





    16-1751-03                                          See HB 457

  1                      A bill to be entitled

  2         An act relating to the indigent care and trauma

  3         center discretionary sales surtax; amending s.

  4         212.055, F.S.; reviving, reenacting, and

  5         amending the indigent care and trauma center

  6         discretionary sales surtax; deleting a future

  7         expiration provision; providing an effective

  8         date.

  9  

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

11  

12         Section 1.  Notwithstanding the provisions of section

13  11 of chapter 2000-312, Laws of Florida, subsection (4) of

14  section 212.055, Florida Statutes, shall not stand repealed on

15  October 1, 2005, as scheduled by such law, but that

16  subsection, as amended by section 13 of chapter 2000-312, Laws

17  of Florida, is revived and reenacted, and paragraph (g) of

18  said subsection is amended, to read:

19         212.055  Discretionary sales surtaxes; legislative

20  intent; authorization and use of proceeds.--It is the

21  legislative intent that any authorization for imposition of a

22  discretionary sales surtax shall be published in the Florida

23  Statutes as a subsection of this section, irrespective of the

24  duration of the levy. Each enactment shall specify the types

25  of counties authorized to levy; the rate or rates which may be

26  imposed; the maximum length of time the surtax may be imposed,

27  if any; the procedure which must be followed to secure voter

28  approval, if required; the purpose for which the proceeds may

29  be expended; and such other requirements as the Legislature

30  may provide. Taxable transactions and administrative

31  procedures shall be as provided in s. 212.054.

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    Florida Senate - 2003                                  SB 2148
    16-1751-03                                          See HB 457




 1         (4)  INDIGENT CARE AND TRAUMA CENTER SURTAX.--

 2         (a)  The governing body in each county the government

 3  of which is not consolidated with that of one or more

 4  municipalities, which has a population of at least 800,000

 5  residents and is not authorized to levy a surtax under

 6  subsection (5), may levy, pursuant to an ordinance either

 7  approved by an extraordinary vote of the governing body or

 8  conditioned to take effect only upon approval by a majority

 9  vote of the electors of the county voting in a referendum, a

10  discretionary sales surtax at a rate that may not exceed 0.5

11  percent.

12         (b)  If the ordinance is conditioned on a referendum, a

13  statement that includes a brief and general description of the

14  purposes to be funded by the surtax and that conforms to the

15  requirements of s. 101.161 shall be placed on the ballot by

16  the governing body of the county. The following questions

17  shall be placed on the ballot:

18  

19         FOR THE. . . .CENTS TAX

20         AGAINST THE. . . .CENTS TAX

21  

22         (c)  The ordinance adopted by the governing body

23  providing for the imposition of the surtax shall set forth a

24  plan for providing health care services to qualified

25  residents, as defined in paragraph (d). Such plan and

26  subsequent amendments to it shall fund a broad range of health

27  care services for both indigent persons and the medically

28  poor, including, but not limited to, primary care and

29  preventive care as well as hospital care. The plan must also

30  address the services to be provided by the Level I trauma

31  center. It shall emphasize a continuity of care in the most

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    Florida Senate - 2003                                  SB 2148
    16-1751-03                                          See HB 457




 1  cost-effective setting, taking into consideration both a high

 2  quality of care and geographic access. Where consistent with

 3  these objectives, it shall include, without limitation,

 4  services rendered by physicians, clinics, community hospitals,

 5  mental health centers, and alternative delivery sites, as well

 6  as at least one regional referral hospital where appropriate.

 7  It shall provide that agreements negotiated between the county

 8  and providers, including hospitals with a Level I trauma

 9  center, will include reimbursement methodologies that take

10  into account the cost of services rendered to eligible

11  patients, recognize hospitals that render a disproportionate

12  share of indigent care, provide other incentives to promote

13  the delivery of charity care, promote the advancement of

14  technology in medical services, recognize the level of

15  responsiveness to medical needs in trauma cases, and require

16  cost containment including, but not limited to, case

17  management. It must also provide that any hospitals that are

18  owned and operated by government entities on May 21, 1991,

19  must, as a condition of receiving funds under this subsection,

20  afford public access equal to that provided under s. 286.011

21  as to meetings of the governing board, the subject of which is

22  budgeting resources for the rendition of charity care as that

23  term is defined in the Florida Hospital Uniform Reporting

24  System (FHURS) manual referenced in s. 408.07. The plan shall

25  also include innovative health care programs that provide

26  cost-effective alternatives to traditional methods of service

27  delivery and funding.

28         (d)  For the purpose of this subsection, the term

29  "qualified resident" means residents of the authorizing county

30  who are:

31  

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    Florida Senate - 2003                                  SB 2148
    16-1751-03                                          See HB 457




 1         1.  Qualified as indigent persons as certified by the

 2  authorizing county;

 3         2.  Certified by the authorizing county as meeting the

 4  definition of the medically poor, defined as persons having

 5  insufficient income, resources, and assets to provide the

 6  needed medical care without using resources required to meet

 7  basic needs for shelter, food, clothing, and personal

 8  expenses; or not being eligible for any other state or federal

 9  program, or having medical needs that are not covered by any

10  such program; or having insufficient third-party insurance

11  coverage. In all cases, the authorizing county is intended to

12  serve as the payor of last resort; or

13         3.  Participating in innovative, cost-effective

14  programs approved by the authorizing county.

15         (e)  Moneys collected pursuant to this subsection

16  remain the property of the state and shall be distributed by

17  the Department of Revenue on a regular and periodic basis to

18  the clerk of the circuit court as ex officio custodian of the

19  funds of the authorizing county. The clerk of the circuit

20  court shall:

21         1.  Maintain the moneys in an indigent health care

22  trust fund;

23         2.  Invest any funds held on deposit in the trust fund

24  pursuant to general law; and

25         3.  Disburse the funds, including any interest earned,

26  to any provider of health care services, as provided in

27  paragraphs (c) and (d), upon directive from the authorizing

28  county. However, if a county has a population of at least

29  800,000 residents and has levied the surtax authorized in this

30  subsection, notwithstanding any directive from the authorizing

31  county, on October 1 of each calendar year, the clerk of the

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    Florida Senate - 2003                                  SB 2148
    16-1751-03                                          See HB 457




 1  court shall issue a check in the amount of $6.5 million to a

 2  hospital in its jurisdiction that has a Level I trauma center

 3  or shall issue a check in the amount of $3.5 million to a

 4  hospital in its jurisdiction that has a Level I trauma center

 5  if that county enacts and implements a hospital lien law in

 6  accordance with chapter 98-499, Laws of Florida. The issuance

 7  of the checks on October 1 of each year is provided in

 8  recognition of the Level I trauma center status and shall be

 9  in addition to the base contract amount received during fiscal

10  year 1999-2000 and any additional amount negotiated to the

11  base contract. If the hospital receiving funds for its Level I

12  trauma center status requests such funds to be used to

13  generate federal matching funds under Medicaid, the clerk of

14  the court shall instead issue a check to the Agency for Health

15  Care Administration to accomplish that purpose to the extent

16  that it is allowed through the General Appropriations Act.

17         (f)  Notwithstanding any other provision of this

18  section, a county shall not levy local option sales surtaxes

19  authorized in this subsection and subsections (2) and (3) in

20  excess of a combined rate of 1 percent.

21         (g)  This subsection expires October 1, 2005.

22         Section 2.  This act shall take effect upon becoming a

23  law.

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