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| 1 | A bill to be entitled | ||
| 2 | An act relating to the Southeast Volusia Hospital | ||
| 3 | District, Volusia County; providing for codification of | ||
| 4 | the district’s charter; codifying, amending, and | ||
| 5 | reenacting chapters 24961 (1947), 29586 (1953), 57-1931, | ||
| 6 | 65-2362, 67-2148, 81-499, and 89-552, Laws of Florida; | ||
| 7 | providing a declaration of legislative intent; repealing | ||
| 8 | special acts relating to the district; providing an | ||
| 9 | effective date. | ||
| 10 | |||
| 11 | Be It Enacted by the Legislature of the State of Florida: | ||
| 12 | |||
| 13 | Section 1.Pursuant to section 189.429, Florida Statutes, | ||
| 14 | this act constitutes the codification of all special acts | ||
| 15 | relating to the Southeast Volusia Hospital District. It is the | ||
| 16 | intent of the Legislature to provide a single, comprehensive | ||
| 17 | special act charter for the district including all current | ||
| 18 | legislative authority granted to the district by its several | ||
| 19 | legislative enactments and any additional authority granted by | ||
| 20 | this act and chapter 189, Florida Statutes, as they may be | ||
| 21 | amended from time to time. It is further the intent of this act | ||
| 22 | to preserve all district authority. | ||
| 23 | Section 2.Chapters 24961 (1947), 29586 (1953), 57-1931, | ||
| 24 | 65-2362, 67-2148, 81-499, and 89-552, Laws of Florida, relating | ||
| 25 | to the Southeast Volusia Hospital District, are codified, | ||
| 26 | reenacted, amended, and repealed as herein provided. | ||
| 27 | Section 3. The charter for the Southeast Volusia Hospital | ||
| 28 | District is re-created and reenacted to read: | ||
| 29 | Section 1. A special tax district is hereby created and | ||
| 30 | incorporated, to be known as “Southeast Volusia Hospital | ||
| 31 | District” in Volusia County, which district shall embrace and | ||
| 32 | include the following described property in Volusia County: | ||
| 33 | Beginning at the point of intersection of the main | ||
| 34 | channel of Mosquito Inlet and the Atlantic Ocean, | ||
| 35 | thence run Southeasterly with the shore of the | ||
| 36 | Atlantic Ocean to the point of intersection with the | ||
| 37 | South line of Township 19S, Thence West with said | ||
| 38 | Township line to the Southwest corner of Section 34, | ||
| 39 | Township 19S, Range 33E, Thence North to the Northwest | ||
| 40 | corner of Section 3, Township 19S, Range 33E, Thence | ||
| 41 | West along the South line of Township 18S, Range 33E, | ||
| 42 | to the Southwest corner of said Township 18S, Range | ||
| 43 | 33E, thence North with West line of Township 18S, | ||
| 44 | Range 33E, to the Northwest corner of said Township | ||
| 45 | 18S, Range 33E, thence West along line between | ||
| 46 | Townships 17S and 18S to the Southwest corner of | ||
| 47 | Township 17S, Range 32E, Thence along the Range line | ||
| 48 | between Ranges 31E and 32E North to the Northwest | ||
| 49 | corner of Township 17S, Range 32E, thence East along | ||
| 50 | the North line of Township 17S, Range 32E to point of | ||
| 51 | intersection with the South fork of Spruce Creek, | ||
| 52 | thence Northerly and Easterly along Spruce Creek to | ||
| 53 | the point of intersection with the main channel of the | ||
| 54 | Halifax River, thence Southerly and Easterly along the | ||
| 55 | main channel of the Halifax River and the main channel | ||
| 56 | of Mosquito Inlet to the point of beginning. All the | ||
| 57 | above described property lying and being in County of | ||
| 58 | Volusia, State of Florida. | ||
| 59 | Section 2. (1) The governing body of the Southeast | ||
| 60 | Volusia Hospital District shall consist of five commissioners, | ||
| 61 | all of whom shall be qualified electors and freeholders residing | ||
| 62 | in the district. The first commission shall be appointed by the | ||
| 63 | Governor between the first Monday in February, 1949, and the | ||
| 64 | second Tuesday in March, 1949. Two commissioners shall be | ||
| 65 | appointed for 4 years, two shall be appointed for 2 years, and | ||
| 66 | one shall be appointed for 1 year. When the term of office of | ||
| 67 | any member of the commission expires, the Governor shall appoint | ||
| 68 | a member or members for a period of 4 years. Commissioners | ||
| 69 | shall serve without compensation. Within 10 days after the | ||
| 70 | first commissioners have been duly appointed and qualified, they | ||
| 71 | shall hold an organizational meeting at which time a chair, vice | ||
| 72 | chair, and treasurer shall be elected from their number. Such | ||
| 73 | officers so elected shall hold office for a period of 1 year or | ||
| 74 | until the next ensuing annual organizational meeting. | ||
| 75 | (2) Effective January 1, 1990, the governing body of the | ||
| 76 | Southeast Volusia Hospital District shall consist of seven | ||
| 77 | commissioners. Two commissioners shall be residents of New | ||
| 78 | Smyrna Beach, two commissioners shall be residents of the City | ||
| 79 | of Edgewater, one commissioner shall be a resident of Oak Hill, | ||
| 80 | and two commissioners shall be residents of the unincorporated | ||
| 81 | area of the hospital district. Commissioners shall have | ||
| 82 | business, professional, or personal experience useful for | ||
| 83 | service as a commissioner. Commission members appointed | ||
| 84 | pursuant to subsection (1) shall continue serving on the | ||
| 85 | commission as long as they remain on the commission or are | ||
| 86 | reappointed to the commission without regard to the requirements | ||
| 87 | of this subsection. The first additional appointment made to | ||
| 88 | the commission which shall be made by January 1, 1990, shall be | ||
| 89 | a resident of the City of Edgewater; the second additional | ||
| 90 | appointment to the commission which shall be made by January 1, | ||
| 91 | 1990, shall be a resident of the unincorporated area of the | ||
| 92 | hospital district; the first appointment replacing a | ||
| 93 | commissioner appointed pursuant to subsection (1) shall be a | ||
| 94 | resident of Oak Hill; and the second appointment replacing a | ||
| 95 | commissioner appointed pursuant to subsection (1) shall be a | ||
| 96 | resident of the City of Edgewater. | ||
| 97 | (3) Of the appointments to the commission to be made by | ||
| 98 | the Governor by January 1, 2007, one appointment from the | ||
| 99 | unincorporated area of the hospital district and one appointment | ||
| 100 | from the City of Edgewater shall be for terms of fifteen (15) | ||
| 101 | months expiring March 31, 2008, and one appointment from the | ||
| 102 | unincorporated area of the hospital district and one appointment | ||
| 103 | from the City of Edgewater shall be for terms of fifty-one (51) | ||
| 104 | months expiring March 31, 2011. Thereafter, the terms for all | ||
| 105 | commissioners shall be for four (4) years each, expiring March | ||
| 106 | 31. | ||
| 107 | (4) The commissioners shall hold an annual organizational | ||
| 108 | meeting between the first and fifteenth day of March each year. | ||
| 109 | The Governor shall have the power to remove any member of the | ||
| 110 | board of commissioners for cause and shall fill any vacancies | ||
| 111 | that may at any time occur therein. Each member shall give bond | ||
| 112 | to the Governor for the faithful performance of his or her | ||
| 113 | duties in the sum of $5,000, with a surety company qualified to | ||
| 114 | do business in the state as surety; however, the bonds of the | ||
| 115 | chair and of the treasurer of the board shall be $10,000 for | ||
| 116 | each such officer, which bonds shall be approved and kept by the | ||
| 117 | Clerk of the Circuit Court of Volusia County. The premiums on | ||
| 118 | the bonds shall be paid as part of the expense of the district. | ||
| 119 | Section 3. The board of commissioners of the Southeast | ||
| 120 | Volusia Hospital District, hereinafter called the board, shall | ||
| 121 | have all the powers of a body corporate, including the power to | ||
| 122 | sue and be sued under the name of the Southeast Volusia Hospital | ||
| 123 | District; to contract and be contracted with; to adopt and use a | ||
| 124 | common seal and to alter the same at pleasure; to acquire, | ||
| 125 | purchase, hold, lease, and convey such real and personal | ||
| 126 | property as the board may deem proper or expedient to carry out | ||
| 127 | the purposes of the act; to appoint and employ a superintendent | ||
| 128 | and chief surgeon and such other agents and employees as the | ||
| 129 | board may deem advisable; to borrow money; and to issue the | ||
| 130 | notes, bonds, and other evidences of debt of the district | ||
| 131 | thereof to carry out the provisions of this act in the manner | ||
| 132 | hereinafter provided. | ||
| 133 | Section 4. Four (4) of the commissioners shall constitute | ||
| 134 | a quorum, and a vote of at least a majority of the commissioners | ||
| 135 | at any regular or special meeting shall be necessary to the | ||
| 136 | transaction of any business of the district. The commissioners | ||
| 137 | shall cause true and accurate minutes and records to be kept of | ||
| 138 | all business transacted by them and shall keep full, true, and | ||
| 139 | complete books of account and minutes, which minutes, records, | ||
| 140 | and books of account shall at all reasonable times be open and | ||
| 141 | subject to the inspection of inhabitants of the district. Any | ||
| 142 | person desiring to do so may make or procure copy of the | ||
| 143 | minutes, records, or books of account, or such portions thereof | ||
| 144 | as he or she may desire. | ||
| 145 | Section 5. (1) The board is authorized to purchase or | ||
| 146 | otherwise acquire such real and personal property as may be | ||
| 147 | required to establish, construct, operate, and maintain such | ||
| 148 | hospitals, clinics, nursing homes, or related facilities as in | ||
| 149 | its opinion shall be necessary for the health and welfare of the | ||
| 150 | people of the district. The hospitals, clinics, nursing homes, | ||
| 151 | or related facilities shall be established, constructed, | ||
| 152 | operated, and maintained by the board for the preservation of | ||
| 153 | the public health, for the public good, and for the use of the | ||
| 154 | public of the district; and the acquisition of real and personal | ||
| 155 | property for the establishment, construction, operation, and | ||
| 156 | maintenance of such hospitals, clinics, nursing homes, or | ||
| 157 | related facilities within the district are hereby found and | ||
| 158 | declared to be a public purpose and are necessary for the | ||
| 159 | preservation of the public health, for the public use, and for | ||
| 160 | the welfare of the district and inhabitants thereof. The | ||
| 161 | location of such hospitals, clinics, nursing homes, or related | ||
| 162 | facilities shall be determined by the board. | ||
| 163 | (2) The board of commissioners of the Southeast Volusia | ||
| 164 | Hospital District is authorized to provide necessary hospitals, | ||
| 165 | clinics, nursing homes, and related services or facilities for | ||
| 166 | poor and indigent persons or, in lieu thereof, the board is | ||
| 167 | authorized to enter into a contract or contracts for a period | ||
| 168 | not exceeding twenty-five (25) years with any hospital, clinic, | ||
| 169 | or nursing home, public or private, now or hereafter existing | ||
| 170 | within the district for the purpose of providing such facilities | ||
| 171 | or services to the poor and indigent and to pay for the same out | ||
| 172 | of the funds of the district and from the proceeds of any tax | ||
| 173 | which is levied under the provisions of this act or amendments | ||
| 174 | thereto. | ||
| 175 | Section 6. The board shall have the power of eminent | ||
| 176 | domain and may thereby condemn and acquire any real or personal | ||
| 177 | property which the board may deem necessary for the use of the | ||
| 178 | district, whether within or without the district. Such power of | ||
| 179 | condemnation shall be exercised in the same manner as is now | ||
| 180 | provided by the general law for the exercise of the power of | ||
| 181 | eminent domain by cities and towns of the state. | ||
| 182 | Section 7. The board is authorized, in order to provide | ||
| 183 | for and carry out the provisions of this act, to purchase or | ||
| 184 | otherwise acquire real and personal property; to establish, | ||
| 185 | construct, repair, alter, and maintain hospital, clinic, and | ||
| 186 | nursing home buildings and facilities; and to purchase, lease, | ||
| 187 | repair, and maintain hospital, clinic, and nursing home | ||
| 188 | equipment, furniture, and fixtures on lands in the district | ||
| 189 | owned by or leased to the district. The board is further | ||
| 190 | authorized to expend district funds derived from taxes or any | ||
| 191 | other source whatsoever for the purchase or lease of real or | ||
| 192 | personal property and for building, constructing, purchasing, | ||
| 193 | leasing, repairing, and maintaining all hospital, clinic, and | ||
| 194 | nursing home lands, buildings, equipment, and facilities in the | ||
| 195 | district, and to borrow money from time to time for such | ||
| 196 | purposes, and also for operating expenses; however, a tax not to | ||
| 197 | exceed four (4) mills on the dollar may be assessed and levied | ||
| 198 | against the taxable property within the district for all | ||
| 199 | purposes. | ||
| 200 | It is hereby found and declared that all funds expended for | ||
| 201 | current operating expenses, the care of indigent patients, and | ||
| 202 | for the construction, purchase, lease, maintenance, and repair | ||
| 203 | of all hospital, clinic, or nursing home lands, buildings, and | ||
| 204 | equipment, whether on lands owned by or leased to the district, | ||
| 205 | shall be for public purposes. | ||
| 206 | Section 8. (1) ISSUANCE OF OBLIGATIONS.-- | ||
| 207 | (a) The board is authorized to provide by resolution at | ||
| 208 | one time or from time to time for the issuance of bonds or | ||
| 209 | revenue certificates, or both, collectively referred to in this | ||
| 210 | section as bonds of the district for the purpose of paying all | ||
| 211 | or a part of the cost of acquisition, construction, repairing, | ||
| 212 | extensions, additions, equipping, and reconstruction of any | ||
| 213 | hospital facilities of the district. The bonds of each issue | ||
| 214 | shall be dated, shall bear interest at such rate or rates as may | ||
| 215 | be determined by the board, and may be made redeemable before | ||
| 216 | maturity, at the option of the board, at such price or prices | ||
| 217 | and under such terms and conditions as may be fixed by the board | ||
| 218 | prior to the issuance of the bonds. The board shall determine | ||
| 219 | the form of the bonds, including any interest coupons to be | ||
| 220 | attached thereto, and the manner of execution of the bonds and | ||
| 221 | coupons, and shall fix the denomination or denominations of the | ||
| 222 | bonds and the place or places of payment of principal and | ||
| 223 | interest, which may be at any bank or trust company within or | ||
| 224 | without the state. In case any officer whose signature or a | ||
| 225 | facsimile of whose signature shall appear on any bonds or | ||
| 226 | coupons shall cease to be such officer before the delivery of | ||
| 227 | such bonds, such signature or such facsimile shall nevertheless | ||
| 228 | be valid and sufficient for all purposes the same as if he or | ||
| 229 | she had remained in office until such delivery. All bonds | ||
| 230 | issued under the provisions of this act shall have and are | ||
| 231 | hereby declared to have all the qualities and incidents of | ||
| 232 | negotiable instruments under the negotiable instruments laws of | ||
| 233 | the state. The bonds may be issued in coupon or in registered | ||
| 234 | form, or both, as the board may determine, and provisions may be | ||
| 235 | made for the registration of any coupon bonds as to principal | ||
| 236 | alone and also as to both principal and interest, and for the | ||
| 237 | reconversion into coupon bonds of any bonds registered as to | ||
| 238 | both principal and interest. The issuance of such bonds shall | ||
| 239 | not be subject to any limitations or conditions contained in any | ||
| 240 | other law. Prior to the preparation of definitive bonds, the | ||
| 241 | board may, under like restrictions, issue interim receipts or | ||
| 242 | temporary bonds with or without coupons, exchangeable for | ||
| 243 | definitive bonds when such bonds have been executed and are | ||
| 244 | available for delivery. The board may also provide for the | ||
| 245 | replacement of any bonds which shall be mutilated or be | ||
| 246 | destroyed or lost. | ||
| 247 | (b) Bonds may be issued under the provisions of this act | ||
| 248 | without obtaining the consent of any commission, board, bureau, | ||
| 249 | or agency of the state or county and without any other | ||
| 250 | proceedings or the happening of any other condition or thing | ||
| 251 | than those proceedings, conditions, or things which are | ||
| 252 | specifically required by this act. | ||
| 253 | (c) The proceeds of the bonds shall be used solely for the | ||
| 254 | payment of the cost of the hospital facilities for which such | ||
| 255 | bonds shall have been authorized and shall be disbursed in the | ||
| 256 | manner provided in the resolution or in the trust agreement | ||
| 257 | authorizing the issuance of such bonds. If the proceeds of the | ||
| 258 | bonds of any issue shall exceed the amount required for the | ||
| 259 | purpose for which the same shall have been issued, the surplus | ||
| 260 | shall be set aside and used only for payment of the cost of | ||
| 261 | additional projects or for the payment of the principal of and | ||
| 262 | interest on such bonds. In the event that the actual cost of | ||
| 263 | the project exceeds the estimated cost, the board may issue | ||
| 264 | additional bonds to cover the deficiency, subject to the same | ||
| 265 | restrictions as required for the original issue. | ||
| 266 | (2) BONDS.--Bonds may be issued from time to time by the | ||
| 267 | board for the purposes herein provided, provided the issuance of | ||
| 268 | general obligation bonds shall have been approved by a majority | ||
| 269 | of the votes cast in an election held for such purposes pursuant | ||
| 270 | to the requirements of the Constitution of Florida. | ||
| 271 | (3) REVENUE CERTIFICATES.-- | ||
| 272 | (a) Revenue certificates issued under the provisions of | ||
| 273 | this act shall be payable from the revenues derived from the | ||
| 274 | operation of any hospital facility or combination of hospital | ||
| 275 | facilities of the district under the supervision, operation, and | ||
| 276 | control of the board and from any other funds legally available | ||
| 277 | therefor. The issuance of such revenue certificates shall not | ||
| 278 | directly, indirectly, or contingently obligate the state, the | ||
| 279 | board, or the district to levy any ad valorem taxes or to make | ||
| 280 | any appropriations for their payment or for the operation and | ||
| 281 | maintenance of the hospital facilities of the district. | ||
| 282 | (b) The board shall not convey or mortgage any hospital | ||
| 283 | facility or any part thereof as security for the payment of the | ||
| 284 | revenue certificates. | ||
| 285 | (c) In the discretion of the board, each or any issue of | ||
| 286 | such revenue certificates may be secured by a trust agreement by | ||
| 287 | and between the district and a corporate trustee, which may be | ||
| 288 | any trust company or bank having the powers of a trust company | ||
| 289 | within or outside of the state. Such trust agreement may pledge | ||
| 290 | or assign the revenues to be received by the board. The | ||
| 291 | resolution providing for the issuance of revenue certificates or | ||
| 292 | such trust agreement may contain such provisions for protecting | ||
| 293 | and enforcing the rights and remedies of the certificate holders | ||
| 294 | as may be reasonable, proper, and not in violation of law, | ||
| 295 | including covenants setting forth the duties of the board in | ||
| 296 | relation to the acquisition, construction, improvement, | ||
| 297 | maintenance, operation, repair, equipping, and insurance of the | ||
| 298 | facilities and the custody, safeguarding, and application of all | ||
| 299 | moneys. It shall be lawful for any bank or trust company | ||
| 300 | incorporated under the laws of this state to act as such | ||
| 301 | depository and to furnish such indemnifying bonds or to pledge | ||
| 302 | such securities as may be required by the board. Such | ||
| 303 | resolution or such trust agreement may restrict the individual | ||
| 304 | right of action by certificate holders as is customary in trust | ||
| 305 | agreements securing bonds or debentures of corporations. In | ||
| 306 | addition to the foregoing, such resolution or such trust | ||
| 307 | agreement may contain such other provisions as the board may | ||
| 308 | deem reasonable and proper for the security of the certificate | ||
| 309 | holders. Except as otherwise provided in this act, the board | ||
| 310 | may provide, by resolution or by trust agreement, for the | ||
| 311 | payment of the proceeds of the sale of the revenue certificates | ||
| 312 | and the revenues of the facilities to such officer, board, or | ||
| 313 | depository as it may determine for the custody thereof, and for | ||
| 314 | the method of disbursement thereof, with such safeguards and | ||
| 315 | restrictions as it may determine. All expenses incurred in | ||
| 316 | carrying out the trust agreement may be treated as a part of the | ||
| 317 | cost of operation of the facilities affected by the trust | ||
| 318 | agreement. | ||
| 319 | (d) The resolution or trust agreement providing for the | ||
| 320 | issuance of the revenue certificates may also contain such | ||
| 321 | limitations upon the issuance of additional revenue certificates | ||
| 322 | as the board may deem proper, and such additional certificates | ||
| 323 | shall be issued under such restrictions or limitations as may be | ||
| 324 | prescribed by such resolution or trust agreement. | ||
| 325 | (4) REFUNDING OBLIGATIONS.-- The board is authorized to | ||
| 326 | provide by resolution for the issuance of refunding bonds or | ||
| 327 | refunding revenue certificates for the purpose of refunding any | ||
| 328 | bonds or revenue certificates, respectively, then outstanding | ||
| 329 | and issued under the provisions of this act, provided that the | ||
| 330 | refunding of any bonds payable from ad valorem taxes shall be to | ||
| 331 | the advantage of the district, such as providing for lower | ||
| 332 | interest rates or other savings to the taxpayers. The board is | ||
| 333 | further authorized to provide by resolution for the issuance of | ||
| 334 | revenue certificates for the combined purpose of (1)paying the | ||
| 335 | cost of any acquisition, construction, extension, addition, | ||
| 336 | improving, equipping, or reconstruction of a facility or | ||
| 337 | facilities of the district and (2) refunding revenue | ||
| 338 | certificates of the district which shall theretofore have been | ||
| 339 | issued under the provisions of the act and shall then be | ||
| 340 | outstanding. The issuance of such obligations, the maturities | ||
| 341 | and other details thereof, the right and remedies of the holders | ||
| 342 | thereof, and the rights, powers, privileges, duties, and | ||
| 343 | obligations of the district with respect to the same shall be | ||
| 344 | governed by the foregoing provisions of this act insofar as the | ||
| 345 | same may be applicable. | ||
| 346 | (5) ELECTION.--The board of county commissioners of | ||
| 347 | Volusia County shall, when presented with a resolution adopted | ||
| 348 | by the board requesting the holding of an election to approve | ||
| 349 | the issuance of bonds under this act, call, notice, and conduct | ||
| 350 | such election in the manner required by the constitution and by | ||
| 351 | the general laws of the state for the issuance of bonds by the | ||
| 352 | county. The cost of holding and conducting such election shall | ||
| 353 | be paid by the district. | ||
| 354 | Section 9. Prior to the issuance of such bonds, the board | ||
| 355 | shall, by resolution, determine the amount which in their | ||
| 356 | opinion will be necessary to be raised annually by taxation for | ||
| 357 | an interest and sinking fund with which to pay the interest and | ||
| 358 | principal of the bonds, and the board is authorized and required | ||
| 359 | to provide for the levy and collection annually of a sufficient | ||
| 360 | tax, without limitation as to rate or amount, upon all the | ||
| 361 | taxable property in the district to pay such interest and with | ||
| 362 | which to provide and maintain a sinking fund for the payment of | ||
| 363 | the principal of the bonds. Such sinking funds providing for | ||
| 364 | the payment of principal and interest of the outstanding bonds | ||
| 365 | shall not be used for any other purpose, provided, however, that | ||
| 366 | such sinking funds so set aside may be invested at the | ||
| 367 | discretion of the board or in the purchase or retirement of | ||
| 368 | bonds previously issued by the district. The revenues or any | ||
| 369 | part thereof derived from the operation of any hospital facility | ||
| 370 | or any combination of the hospital facilities of the district | ||
| 371 | shall, if so authorized by the board, be deposited to the credit | ||
| 372 | of the sinking fund for such bonds, and in that event the amount | ||
| 373 | of the annual levy herein required may be reduced in any year by | ||
| 374 | the amount of such revenues actually received in the preceding | ||
| 375 | year (excluding any depreciation fund) and then remaining on | ||
| 376 | deposit to the credit of the sinking fund for the payment of | ||
| 377 | such principal and interest. | ||
| 378 | Section 10. The board shall offer said bonds for sale by | ||
| 379 | notice stating the amount of bonds for sale, rate of interest | ||
| 380 | and when due, and payable, by advertising once a week for two | ||
| 381 | (2) weeks in a newspaper published in the district. The board | ||
| 382 | shall receive bids for the purchase of the bonds or any part | ||
| 383 | thereof on the day fixed by the notice, being not less than | ||
| 384 | twenty (20) days from the date of the first (1st) publication. | ||
| 385 | It shall have the right to reject any and all bids and | ||
| 386 | readvertise the bonds or any portion thereof remaining unsold. | ||
| 387 | Section 11. A bank or banks, or other depositary or | ||
| 388 | depositaries to be designated by the board, may receive and be | ||
| 389 | custodian of the bonds and all moneys arising from the sale of | ||
| 390 | the bonds. | ||
| 391 | Section 12. The funds of the district shall be paid out | ||
| 392 | upon warrant signed by the chair of the board and countersigned | ||
| 393 | by the treasurer thereof or bearing the facsimile signature of | ||
| 394 | the chair and treasurer when authorized by the board by | ||
| 395 | appropriate resolution. No warrant shall be drawn or issued | ||
| 396 | against funds of the district except for the purpose authorized | ||
| 397 | by this act or amendments thereto. | ||
| 398 | Section 13. It shall be the duty of the board, whenever | ||
| 399 | the bonds or any portion thereof are from time to time issued by | ||
| 400 | it, or whenever contracts entered into by the board require, to | ||
| 401 | annually assess and levy against the taxable property within the | ||
| 402 | district a tax to be collected and paid into the district fund | ||
| 403 | and used by the board for the operation, maintenance, and repair | ||
| 404 | of a hospital or hospitals established or authorized by this | ||
| 405 | act, or for the payment of any outstanding indebtedness | ||
| 406 | authorized by section 8, or for providing hospitalization under | ||
| 407 | a contract for the poor and indigent as contemplated under this | ||
| 408 | act, or amendments thereto, or for the payment of other | ||
| 409 | necessary expenses in carrying on and transacting the business | ||
| 410 | of the district, provided, nevertheless, that the millage for | ||
| 411 | the operating, maintenance, and repair of the hospital or | ||
| 412 | hospitals established as authorized by this act, or for the | ||
| 413 | payment of other necessary expenses in carrying on and | ||
| 414 | transacting the business of the district, shall not exceed four | ||
| 415 | (4) mills on all of the taxable property within the district. | ||
| 416 | Section 14. The board of commissioners of the Southeast | ||
| 417 | Volusia Hospital District is authorized and directed annually to | ||
| 418 | levy upon all the real and personal taxable property in the | ||
| 419 | district a sufficient tax to pay the interest and to provide and | ||
| 420 | maintain a sinking fund for the payment of the interest and | ||
| 421 | principal of the bonds provided for and authorized by this act. | ||
| 422 | Section 15. The levy by the board of the taxes authorized | ||
| 423 | by any provision of this act shall be by resolution of the board | ||
| 424 | duly entered upon the minutes of the board. Certified copies of | ||
| 425 | such resolution executed in the name of the board by its chair, | ||
| 426 | under its corporate seal, shall be made and delivered to the | ||
| 427 | board of the county commissioners of Volusia County and to the | ||
| 428 | comptroller of the state, not later than the first (1st) day of | ||
| 429 | July of every year. The county commissioners of Volusia County | ||
| 430 | shall order and require the tax assessor of the county to | ||
| 431 | assess, and the county tax collector of the county to collect, | ||
| 432 | the amount of taxes so assessed or levied by the board of | ||
| 433 | commissioners of the Southeast Volusia Hospital District upon | ||
| 434 | the taxable property in the district, at the rate of taxation | ||
| 435 | adopted by the board of commissioners of the district for the | ||
| 436 | year and included in the warrant of the tax assessor and | ||
| 437 | attached to the assessment roll of taxes for the county each | ||
| 438 | year. The tax collector shall collect such tax so levied by the | ||
| 439 | board in the same manner as other taxes are collected and shall | ||
| 440 | pay the same over to the board of commissioners of the Southeast | ||
| 441 | Volusia Hospital District within the time and in the manner | ||
| 442 | prescribed by law for the payment by the tax collector of county | ||
| 443 | taxes to the county depositary. It shall be the duty of the | ||
| 444 | comptroller of the state to assess and levy on all the railroad | ||
| 445 | lines and railroad property and telegraph lines and telegraph | ||
| 446 | property situated or located in the district, including as well | ||
| 447 | all telephone lines. The amount of each levy of each county or | ||
| 448 | state taxes and the said taxes shall be assessed by the same | ||
| 449 | officer respectively as are county taxes upon such property, and | ||
| 450 | such taxes shall be remitted by the collecting officer to the | ||
| 451 | board of commissioners of the Southeast Volusia Hospital | ||
| 452 | District. All such taxes shall be held by the board and paid | ||
| 453 | out by them as provided in this act. | ||
| 454 | Section 16. The board is authorized to pay from the funds | ||
| 455 | of the district all expenses of the organization of the board | ||
| 456 | and all expenses necessarily incurred with the formation of the | ||
| 457 | district and all other reasonable and necessary expenses, | ||
| 458 | including the fees and expenses of an attorney in the | ||
| 459 | transaction of the business of the district, and including the | ||
| 460 | compensation of a secretary to the board whose duties shall be | ||
| 461 | to keep and be responsible for all books of account, minutes, | ||
| 462 | and other records of the board, and in carrying out and | ||
| 463 | accomplishing the purposes of this act. This section, however, | ||
| 464 | shall not be construed to remit or instruct any of the powers | ||
| 465 | vested in the board by any other section or provision of this | ||
| 466 | act. | ||
| 467 | Section 17. At least once a year, the board shall publish | ||
| 468 | once in some newspaper in the district a complete detailed | ||
| 469 | statement of all moneys received and disbursed by them since the | ||
| 470 | creation of the district as to the first (1st) published | ||
| 471 | statement and since the last published statement as to any other | ||
| 472 | year. Such statement shall also show the several sources from | ||
| 473 | which said funds were received and shall show the balance on | ||
| 474 | hand at the time of the published statement. It shall show a | ||
| 475 | complete statement of the condition of the district. | ||
| 476 | Section 18. Each hospital and clinic established under | ||
| 477 | this act shall be for the use and benefit of the indigent sick. | ||
| 478 | Such residents shall be admitted to such hospital and clinic | ||
| 479 | and be entitled to medical care without charge, subject to the | ||
| 480 | rules and regulations prescribed by the board. Such hospitals | ||
| 481 | and clinics shall care for and treat without charge patients who | ||
| 482 | are found by the board to be indigent, but the board may collect | ||
| 483 | from patients financially able such charges as the board may | ||
| 484 | from time to time establish. The board shall have the power to | ||
| 485 | extend the benefits and privileges of such hospitals and clinics | ||
| 486 | and treatment and outpatient department to the home of the | ||
| 487 | indigent residents of the county. The board may extend the | ||
| 488 | privileges and use of such hospitals and clinics to nonresidents | ||
| 489 | of the district upon such terms and conditions as the board may | ||
| 490 | from time to time by its rules and regulations provide. | ||
| 491 | Section 19. It is intended that the provisions of this act | ||
| 492 | shall be liberally construed for accomplishing the work | ||
| 493 | authorized and provided for or intended to be and provided for | ||
| 494 | this act, and where strict construction would result in defeat | ||
| 495 | of the accomplishment of any part of the work authorized by this | ||
| 496 | act and liberal construction would permit or assist in the | ||
| 497 | accomplishment thereof, the liberal construction shall be | ||
| 498 | chosen. | ||
| 499 | Section 20. All bonds issued under the provisions of this | ||
| 500 | act may be validated by the board under and in accordance with | ||
| 501 | the provisions of the general laws of Florida, in the same | ||
| 502 | manner as is therein provided for validation of bonds, etc., by | ||
| 503 | any county, municipality, taxing district, etc. of the state. | ||
| 504 | Section 21. If any section, paragraph, phrase, or sentence | ||
| 505 | contained in this act, or amendments thereto, shall be held | ||
| 506 | inoperative, unconstitutional, or invalid by a court of | ||
| 507 | competent jurisdiction, it shall in no way affect the remaining | ||
| 508 | portions of this act. | ||
| 509 | Section 4.Chapters 24961 (1947), 29586 (1953), 57-1931, | ||
| 510 | 65-2362, 67-2148, 81-499, and 89-552, Laws of Florida, are | ||
| 511 | repealed. | ||
| 512 | Section 5. This act shall take effect upon becoming a law. | ||
| 513 | |||