Senate Bill sb2882

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003        (NP)                      SB 2882

    By Senator Bullard





    39-1077-03                                          See HB 203

  1                      A bill to be entitled

  2         An act relating to the Lower Florida Keys

  3         Hospital District, Monroe County; providing

  4         legislative intent; codifying, amending,

  5         repealing, and reenacting all special acts

  6         relating to the district; repealing chapters

  7         67-1724, 69-1322, 72-617, 73-555, 73-558,

  8         75-450, 77-600, 77-601, 77-602, 77-603, 78-565,

  9         79-511, 82-414, 87-459, 89-551, and 94-415,

10         Laws of Florida; providing an effective date.

11  

12         WHEREAS, the transactions authorized by this act will

13  enhance the efficiency of the delivery of hospital services to

14  residents of the district and protect the availability of

15  needed hospital services to residents of the district,

16  including indigent residents, NOW, THEREFORE,

17  

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

19  

20         Section 1.  Pursuant to section 189.429, Florida

21  Statutes, this act constitutes the codification of all special

22  acts relating to the Lower Florida Keys Hospital District.  It

23  is the intent of the Legislature in enacting this law to

24  provide a single, comprehensive special act charter for the

25  district including all current legislative authority granted

26  to the district by its several legislative enactments and any

27  additional authority granted by this act.  It is further the

28  intent of this act to preserve all District authority in

29  addition to any authority contained in the Florida Statutes,

30  as amended from time to time.

31  

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




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

 2  73-558, 75-450, 77-600, 77-601, 77-602, 77-603, 78-565,

 3  79-511, 82-414, 87-459, 89-551, and 94-415, Laws of Florida,

 4  are amended, codified, reenacted, and repealed as herein

 5  provided.

 6         Section 3.  The charter for the Lower Florida Keys

 7  Hospital District is re-created and reenacted to read:

 8         Section 1.  A special tax district is created and

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

10  Florida Keys Hospital District," hereafter referred to as the

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

12  Monroe County embracing Key West and the Florida Keys that is

13  between range 24 east and range 31 east.

14         Section 2.  The governing body of the Lower Florida

15  Keys Hospital District, hereinafter referred to as the

16  "board," shall consist of nine commissioners, of whom no more

17  than one commissioner may be a member of the medical

18  profession.  On or before September 12, 1977, the Governor

19  shall appoint all nine commissioners as follows:  two for a

20  term of 4 years each, two for a term of 3 years each, two for

21  a term of 2 years each, and three for a term of 1 year

22  each.  Thereafter, all commissioners shall be appointed by the

23  Governor for terms of 4 years each and vacancies shall be

24  filled by appointment by the Governor for the unexpired

25  term.  All commissioners shall serve without compensation and

26  shall be qualified electors residing in the Lower Florida Keys

27  Hospital District for more than 1 year prior to the

28  appointment; at least three commissioners shall reside in said

29  hospital district other than at Key West, at least three

30  commissioners shall reside in Key West, and the remaining

31  commissioners shall reside in any area of the district.  The

                                  2

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  commissioners shall be reimbursed for per diem and traveling

 2  expenses in accordance with the provisions of section 112.061,

 3  Florida Statutes.  Each commissioner shall give bond to the

 4  Governor for the faithful performance of his or her duties in

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

 6  business in this state as surety, which bond shall be approved

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

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

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

10  treasurer, and such other officers and assistants as the board

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

12  office of secretary and treasurer may be held by one person.

13  Should the treasurer be other than a member of the board, he

14  or she shall give a like bond of $5,000 for the faithful

15  performance of his or her duties.  Premiums on all bonds

16  required by this section shall be paid as part of the expenses

17  of the district.  The Governor of the State of Florida shall

18  have the power to remove any member of said board for cause.

19         Section 3.  (1)  The board shall have all the powers of

20  a body corporate, including, but not limited to, the power to

21  sue and be sued under the name of the Lower Florida Keys

22  Hospital District; to enter into contracts; to adopt and use a

23  common seal and to alter same at pleasure; to create,

24  establish, or otherwise acquire corporations, under the

25  control of the district, which corporations shall have all the

26  powers enumerated in chapter 607, Florida Statutes, unless

27  prohibited by the Florida Constitution or this act; to enter

28  into capital or operating leases; to acquire, purchase, hold,

29  lease, mortgage, and convey such real and personal property as

30  the board may deem proper or expedient to carry out the

31  purposes of this act; to appoint and employ an administrator,

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  and such other agents and employees as the board may deem

 2  advisable to operate and manage the district's facilities; to

 3  fix the compensation of all employees and to remove any

 4  appointees or employees; to ensure the improvements, fixtures,

 5  and equipment against loss by fire, windstorm, or other

 6  coverage in such amounts as may be determined reasonable and

 7  proper; to borrow money and to issue evidence of indebtedness

 8  of the district therefor to carry out the provisions of this

 9  act in the manner as set forth in this act.

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

11  act and notwithstanding any other provision of this act, the

12  district is authorized and empowered to: form a Florida

13  not-for-profit corporation of which the district is the sole

14  member but which may include on its board a minority of the

15  members thereof designated by a private person; lease the

16  district's facilities to such not-for-profit corporation;

17  provide in such leases options to sell or purchase such

18  facilities for fair market value as determined in a manner

19  acceptable to the district; transfer the operations of the

20  district's facilities to such not-for-profit corporation;

21  sell, assign, or transfer contracts or leases of the district

22  to such not-for-profit corporation; and enter into and perform

23  agreements for the provision of hospital and other health care

24  services to indigent and other residents of the district, with

25  all of the foregoing being on such terms and conditions as the

26  district in its sole discretion may determine is in the public

27  interest, but subject to subsection (3). Nevertheless, the

28  district shall supervise such not-for-profit corporation by

29  election of a majority of such not-for-profit corporation's

30  board and by review and approval of such not-for-profit

31  corporation's budgets, rates, and charges; its policies

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  regarding medical staff appointment, reappointment, and

 2  adverse action; and its policies regarding admission and

 3  discharge of patients and purchases of goods and

 4  services.  Each member of the not-for-profit corporation's

 5  board must file full and public disclosure of his or her

 6  financial interest in the same manner and to the same extent

 7  as is required of constitutional officers by Section 8 of

 8  Article II of the State Constitution.  For the purposes of the

 9  foregoing, the word "person" has the meaning ascribed thereto

10  in section 1.01, Florida Statutes, 1989.  This section does

11  not abrogate or limit the district's responsibilities under

12  this act relating to the provision of indigent care to

13  residents of the district.

14         (3)  Any transaction entered into pursuant to

15  subsection (2) must:

16         (a)  Provide that the articles of incorporation of each

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

18  the board of commissioners of the district;

19         (b)  Provide for the orderly transition of the district

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

21         (c)  Provide for the return of the district's

22  facilities upon termination of the lease thereof or

23  dissolution of such not-for-profit corporation except that the

24  district may not be prohibited from granting and performing

25  options to purchase any or all of the district's facilities

26  for fair market value determined in a manner acceptable to the

27  district.

28  

29  Any transfer, sale, or lease of a hospital facility by the

30  district shall be preconditioned upon the transferee, buyer,

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

                                  5

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  care and Medicaid care to residents of the district which is

 2  not less than the amount of such care previously provided by

 3  the hospital as reported to the Health Care Cost Containment

 4  Board in the last year prior to the transfer, sale, or lease

 5  of the hospital facility, provided there is the demand for

 6  such level of indigent care and Medicaid care in the

 7  district.  Any contract, agreement, or lease of a hospital

 8  entered into by the district shall also comply with the

 9  provisions of section 155.40, Florida Statutes.

10         Section 4.  Regular meetings shall be held not less

11  than quarterly, but may be held as frequently as deemed

12  necessary, which additional regular meetings shall be called

13  in the same manner as special meetings. A special meeting may

14  be called by the chair or at the request of three members of

15  the board of commissioners, and said meeting shall be held no

16  later than 3 days from the date called or requested.  A quorum

17  for special and regular meetings shall consist of at least one

18  half of the membership of said board then appointed,

19  qualified, and so serving.  Death and accepted resignation of

20  members shall not be considered in ascertaining the number

21  necessary for a quorum.  In the absence of the chair or his or

22  her inability to act at any regular or special meeting,

23  warrants for payment of money may be signed by the vice chair

24  or by any other member of the board selected by the members

25  present as chair pro tem.

26         Section 5.  The board through its secretary, or

27  secretary-treasurer as the case may be, shall keep true and

28  accurate minutes and records of all business transacted by it,

29  and shall keep full, true, and complete books of account and

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

31  reasonable times shall be open and subject to inspection and

                                  6

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  copying by any inhabitant of the district.  Failure to comply

 2  with this section shall constitute a misdemeanor and be

 3  punishable as such as provided by law.

 4         Section 6.  The board is authorized to establish,

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

 6  hospitals, medical facilities, and other health care related

 7  facilities and services as in its opinion shall be necessary

 8  for the use of the people of the district.  Said hospital or

 9  hospitals, medical facilities, and other health care related

10  facilities and services shall be established, constructed,

11  leased, operated, and maintained by the board for the

12  preservation of the public health, for the public good, and

13  for the use of the public of the district, and maintenance of

14  such hospital or hospitals, medical facilities, or other

15  health care related facilities and services within the

16  district is hereby found and declared to be a public purpose

17  and necessary for the preservation of the public health and

18  welfare of the district and inhabitants thereof.  The board

19  may enter into contractual relationships with other health

20  service organizations, either public or private, for the

21  provision of such administrative and medical services as it

22  does not on its own provide in connection with said hospital

23  or hospitals, medical facilities, or other health care related

24  facilities and services.  The location of any hospital,

25  medical facility, or other health care related facility

26  established under this act shall be determined by the

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

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

29  personal, for the construction, equipping, and maintenance of

30  any hospital, medical facility, or other health care related

31  facility established hereunder.

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




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

 2  merchandise, supplies, materials, machinery, or equipment is

 3  made, the price of which exceeds $5,000, or any contracts for

 4  any construction work is let, the price of which exceeds

 5  $5,000, there shall be an advertisement by the board at least

 6  one time in a newspaper of general circulation published in

 7  Key West, inviting sealed bids or proposals to furnish such

 8  merchandise, supplies, materials, machinery, or equipment or

 9  to perform such construction.  Sealed bids or proposals

10  received shall be properly evaluated by the board and the

11  lowest responsible bid or proposal shall be accepted unless

12  the board shall reject all sealed bids or proposals.  If all

13  sealed bids be rejected, new sealed bids or proposals shall be

14  solicited by advertisement.  The board may, by resolution or

15  motion, dispense with advertising for sealed bids or proposals

16  in the event of an emergency requiring that merchandise,

17  supplies, materials, machinery, or equipment or construction

18  work is necessary and required.  If after two successive

19  unsuccessful attempts to obtain sealed bids or proposals, or

20  in the event of an emergency, the board may purchase

21  merchandise, supplies, or materials or contract for

22  construction or repairs by negotiation with suppliers or

23  contractors.  When an emergency is declared to exist by action

24  of the majority of the board members meeting in a regular or

25  special meeting, the basis of such determination and the vote

26  of each member of the board shall be set forth in writing in

27  the minutes of the meeting.

28         (2)  The district's board of commissioners is

29  specifically delegated the authority to grant, deny, revoke,

30  or suspend staff privileges at its hospitals, medical

31  facilities, or other health care related facilities according

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  to the applicable Florida Statutes and the applicable rules

 2  and regulations.  A decision of the board of commissioners of

 3  the Lower Florida Keys Hospital District to refuse, revoke, or

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

 5  suspend any privileges attendant to such membership, is hereby

 6  declared to be a quasi-judicial function of the board and

 7  judicial review of such decision shall be by petition for

 8  certiorari to the District Court of Appeal of Florida

 9  prescribed by the Florida Appellate Rules having jurisdiction

10  of the appeals from Monroe County, in the time and manner

11  prescribed by the Florida Appellate Rules for such petitions

12  for writ of certiorari, unless the provisions of such

13  appellate rules shall confer exclusive jurisdiction of such

14  petition upon the Supreme Court of Florida.

15         Section 8.  The board in its discretion is authorized

16  to establish and maintain in connection with any hospital,

17  medical facility, or other health care related facility

18  established under this act a training school for nurses and

19  other health care related professionals, which school must

20  conform to all the requirements of the general state law

21  governing schools of professional nursing and the practice of

22  nursing and such other professional sciences.  The board is

23  authorized to promulgate and adopt all rules and regulations

24  necessary or required by general law for the operation of such

25  training schools and to make all necessary expenditures in

26  connection therewith.  The board is also authorized in its

27  discretion to establish, operate, and maintain a nursing home,

28  an ambulance service, and such other services related to the

29  operation and maintenance of a hospital, medical facility, or

30  other health care related facility in a manner provided by

31  general law.

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1         Section 9.  The board of commissioners is authorized

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

 3  maintain, or participate in such programs and projects of and

 4  for medical research, education, and development affecting

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

 6  desirable; and in connection with such programs and projects

 7  the board of commissioners is authorized and empowered to

 8  cooperate with public and private educational or research

 9  institutions, corporations, foundations, or organizations of

10  any and all types as well as agencies, departments, divisions,

11  branches, or bodies of government, or created by government,

12  whether federal, state, county, municipal, or otherwise.  In

13  furtherance of such programs and projects, the board of

14  commissioners is further authorized and empowered to expend

15  moneys and utilize assets and property, real or personal, of

16  the district and to receive donations, grants, or gifts of

17  money or property, real or personal, from any person or

18  persons, firm, organization, corporation, society,

19  institution, foundation, or legal entity of whatever nature

20  whether private, governmental, or public.

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

22  the board is authorized to borrow money from time to time for

23  periods of time not exceeding 1 year at any one time and to

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

25  upon such rates of interest not exceeding the current prime

26  rate as the board may deem advisable and to secure the payment

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

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

29  additional right to pledge as security for money borrowed any

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

31  including revenues derived from the operation of any hospital

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  established under this act; provided, however, that the

 2  aggregate amount of principal of moneys so borrowed upon the

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

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

 5  the capital assets of the district, whichever sum is

 6  greater.  The board shall have the authority to receive and

 7  accept grants, gifts, and donations from any person, firm,

 8  trust, foundation, corporation (whether profit or nonprofit),

 9  partnership, estate, or governmental agency.  The board shall

10  have exclusive control of all expenditures of and from the

11  moneys, loan proceeds, contributions, and revenues of the

12  district, except that persons who desire to make contributions

13  to the district shall have the right to attach conditions to

14  their gifts.  The board, upon accepting any such contribution,

15  shall be controlled by the terms of the gift, bequest, or

16  devise, and may, in such cases, establish funds therefor

17  separate and apart from items of general revenue.  Any such

18  contribution made to the district without conditions attached

19  thereto may be expended by the board for such purposes as

20  shall be deemed necessary and proper by the board of

21  commissioners.

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

23  the district bearing interest for the purposes set forth in

24  this act, for the purpose of raising funds to establish,

25  construct, refinance, or pay off existing obligations

26  previously incurred on capital expenditures, and maintain any

27  hospital as in the board's opinion is necessary in the

28  district, and for the acquisition and development of real

29  property, including appurtenances, fixtures, and equipment,

30  and for major repairs or renovations to real property which

31  significantly extend its useful life or change its function,

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  and for any necessary operating capital outlay to furnish and

 2  operate a new or improved facility.  The board shall have the

 3  power to refund any and all previous issues of bonds for any

 4  and all lawful hospital purposes.  All the proceeds derived

 5  from the sale of bonds or refunding bonds, exclusive of

 6  expenses, shall be deposited in a depository selected by the

 7  board.  Nothing herein shall limit any rights the district has

 8  or may have under general law.

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

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

11  opinion will be necessary to be raised annually by taxation

12  for an interest and sinking fund with which to pay the

13  interest and principal of the bonds; and the board is

14  authorized and required to provide annually for the levy and

15  collection of a sufficient tax upon all the taxable property

16  in the district, not exempt by law, to pay such interest, and

17  with which to provide and maintain a sinking fund for the

18  payment of the principal of bonds.

19         Section 13.  All bonds issued by the board, except

20  refunding bonds, revenue bonds, or certificates and

21  anticipation time warrants, shall be issued only after the

22  same shall have been approved by the majority vote of the

23  electors voting in an election called and held by the board

24  subject to reasonable rules and regulations prepared by the

25  board.  In the event it is determined to hold an election to

26  decide whether the electors are in favor of the issuance of

27  bonds, the board, by resolution, shall order an election to be

28  held in the district and shall give 30 days' notice of

29  election by publication in a newspaper of general circulation

30  within the district once a week for 4 consecutive weeks during

31  such period.

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1         Section 14.  Only registered electors of the district

 2  shall be permitted to vote at a bond election.  For the

 3  purpose of determining the total number of qualified electors

 4  residing in the district, the Supervisor of Registration of

 5  Monroe County shall prepare a list of the names of all

 6  qualified electors appearing upon the registration books of

 7  Monroe County and qualified to vote in the election.  Such

 8  lists shall be furnished to the inspectors or clerks of the

 9  election at each voting place and such lists shall be prima

10  facie evidence of the total number of qualified electors

11  eligible to participate in the election.  No person shall be

12  permitted to vote in such election whose name does not appear

13  on such list.

14         Section 15.  As far as practicable and where not

15  inconsistent with the provisions of this act, the procedure

16  outlined in chapter 100, Florida Statutes, providing the

17  procedure for bond elections, shall govern.

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

19  in the denomination of $500 or some multiple thereof, shall

20  bear interest payable annually or semiannually, and both

21  principal and interest shall be payable at such prices as the

22  board may determine.  The form of such bond shall be fixed by

23  resolution of the board and said bonds shall be signed by the

24  chair and countersigned by the secretary under the seal of the

25  district.  The coupons, if any, shall be executed by the

26  facsimile signatures of said officers.  The delivery at any

27  subsequent date of any bond and coupons so executed shall be

28  valid, although before the date of delivery the persons

29  signing bonds or coupons shall cease to hold office.

30         Section 17.  Bonds issued hereunder may be either

31  registered or coupon bonds.  Coupon bonds may be registered as

                                  13

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  to principal in the holder's name on the books of the

 2  district, the registration being noted upon the bonds, after

 3  which no transfer shall be valid unless made on the district s

 4  books by the registered holder and similarly noted on the

 5  bonds.  Bonds registered as to principal may be discharged

 6  from registration by being transferred to bearer, after which

 7  they shall be transferable by delivery, but may be again

 8  registered as to principal as before.  The registration of the

 9  bonds as to principal shall not restrain the negotiability of

10  the coupons by delivery merely.

11         Section 18.  Before any bonds of the district are

12  issued hereunder, the board shall investigate and determine

13  the legality of the proceedings.  The resolution authorizing

14  the bonds may direct that they shall contain the following

15  recital:

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

17  issued in conformity with the requirements of the constitution

18  and statutes of the State of Florida."

19         Such recital shall be an authorized declaration by the

20  board and shall import that there is constitutional and

21  statutory authority for incurring the debts and issuing the

22  bonds; that all the proceedings therefor are regular; that all

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

24  performed precedent to and in the issuance of the bond have

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

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

27  together with all other indebtedness, does not exceed any

28  limit prescribed by the constitution and statutes of this

29  state.  If any bond be issued containing the recital, it shall

30  be conclusively presumed that the recital, construed according

31  to the import hereby declared, is true, and the district shall

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  not be permitted to question the validity or legality of the

 2  obligation in any court in any action or proceeding.

 3         Section 19.  In issuing bonds under the provision of

 4  this act, it shall be lawful for the board to include more

 5  than one improvement or hospital purpose in any bond issue.

 6         Section 20.  All bonds issued hereunder shall be

 7  advertised for sale on sealed bids, which advertisement shall

 8  be published once a week for 3 weeks, the first publication to

 9  be made at least 21 days preceding the date fixed for the

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

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

12  for 3 weeks preceding the date fixed for the reception of

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

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

15  newspaper of general circulation published in a city in

16  Florida having a population of not less than 20,000

17  inhabitants according to the latest official decennial

18  census.  The board may reject any and all bids.  If the bonds

19  are not sold pursuant to such advertisements, they may be sold

20  by the board at private sale within 60 days after the date

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

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

23  shall have been received. If not sold, bonds shall be

24  readvertised in the manner herein prescribed.  No bonds issued

25  hereunder shall be sold for less than 95 percent of the par

26  value and accrued interest.

27         Section 21.  No resolution or proceeding in respect to

28  the issuance of bonds shall be necessary except as required by

29  this act. Any publication prescribed hereby may be made in any

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

31  to the designation thereof as the official organ of the

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  district.  Bonds issued hereunder shall have all the qualities

 2  of negotiable paper under the law merchant, shall not be

 3  invalid for any irregularity or defect in the proceedings for

 4  the issue and sale thereof, and shall be incontestable in the

 5  hands of a bona fide purchaser or holder for value.

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

 7  by resolution for the issuance of refunding bonds to refund

 8  principal and interest of an existing bond indebtedness, for

 9  the payment of which the tax moneys derived from the district

10  is pledged, and such bonds may be issued at or prior to

11  maturity of the bonds to be refunded.  Such resolution may be

12  adopted at a regular or special meeting, and at the same

13  meeting at which it is introduced, by a majority of the

14  members of the board then in office.  It is determined and

15  declared as a matter of legislative intent that no election to

16  authorize the issuance of refunding bonds shall be necessary

17  except in cases where an election may be required by the state

18  constitution.  In all cases where it is not necessary under

19  the constitution to hold an election on the issuance of such

20  refunding bonds, such resolution shall take effect immediately

21  upon the adoption thereof.  No other proceedings shall be

22  required for the issuance of bonds by the district other than

23  the provisions of section 20 of this act which shall be

24  applicable to this section.

25         Section 23.  The resolution of the board authorizing

26  the issuance of the refunding bonds may provide that the

27  refunding bonds may be issued in one or more series, bear the

28  date, mature at the time not exceeding 30 years from their

29  respective dates, bear interest at the rate not exceeding the

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

31  obligations refinanced thereby, be in the denomination, be in

                                  16

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  the form either coupon or registered, carry the registration

 2  and conversion privileges, be executed in the manner, be

 3  payable in the medium of payment at the place, be subject to

 4  the terms of redemption with or without a premium, be declared

 5  or become due before the maturity date thereof, provide for

 6  the replacement of mutilated, destroyed, stolen, or lost

 7  bonds, be authenticated in the manner and upon compliance with

 8  the conditions, and contain such other terms and covenants as

 9  may be desired. Notwithstanding the form or tenor of a bond

10  and in the absence of an express recital on the face that the

11  bond is nonnegotiable, all refunding bonds shall be considered

12  negotiable instruments for all purposes.

13         Section 24.  Refunding bonds bearing the signature of

14  board officers of the district in office on the date of the

15  signing thereof shall be valid and binding obligations of the

16  district for all purposes, notwithstanding that before the

17  delivery thereof any or all of the persons whose signatures

18  appear thereon shall have ceased to be officers of the

19  district.  Any resolution authorizing refunding bonds may

20  provide that any refunding bonds issued pursuant to this act

21  may contain such a recital, and any refunding bond issued

22  under authority of any resolution shall be conclusively deemed

23  to be valid and to have been issued in conformity with the

24  provisions of this act.  The authority of a district to issue

25  obligations under this act may be determined and obligations

26  to be issued under this act may be validated as provided by

27  law.

28         Section 25.  Refunding bonds may be sold or exchanged

29  as follows:

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

31  issue or series may be sold or exchanged at one time.  Any

                                  17

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  issue or series of refunding bonds may be exchanged in part or

 2  sold in parts in installments at different times or at one

 3  time.  The refunding bonds may be sold or exchanged at any

 4  time on, before, or after the maturity of any of the

 5  outstanding notes, bonds, certificates, or other obligations

 6  to be refinanced thereby.

 7         (2)  If the board determines to exchange any refunding

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

 9  in payment and discharge of any of the outstanding notes,

10  bonds, or other obligations of the district.  The refunding

11  bonds may be exchanged for a like or greater principal amount

12  of notes, bonds, or other obligations of the district, except

13  the principal amount of the outstanding notes, bonds, or other

14  obligations to the extent necessary or advisable, in the

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

16  to become due.  The holder of outstanding notes, bonds, or

17  other obligations need not pay accrued interest on the

18  refunding bonds to be delivered in exchange therefor if and to

19  the extent that interest is due or accrued and unpaid on the

20  outstanding notes, bonds, or other obligations to be

21  surrendered.

22         (3)  If the board determines to sell any refunding

23  bonds, the refunding bonds shall be sold at not less than 95

24  percent of par at public or private sale, in such manner and

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

26  the district.

27         Section 26.  All bonds or refunding bonds issued

28  pursuant to this act shall be legal investments for state,

29  county, municipal, and all other public funds and for banks,

30  savings banks, insurance companies, executors, administrators,

31  trustees, and all other fiduciaries, and shall also be and

                                  18

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  constitute securities eligible as collateral security for all

 2  state, county, municipal, or other public funds.

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

 4  out only upon warrants signed by the chair or vice chair or

 5  such other member of the board designated by the

 6  board.  Warrants shall have affixed thereto the corporate seal

 7  of the district which may be an impression thereon or

 8  facsimile thereof.  No warrant shall be drawn or issued

 9  against funds of the district except for a purpose authorized

10  by this act after the account or expenditure for which the

11  same is to be given in payment has been ordered and approved

12  by the board at a meeting in which a quorum is present.

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

14  shall require only the signature of the administrator of the

15  hospital or hospitals or such other employees as the board

16  shall determine for such purposes.  The administrator's

17  account shall be such sum or sums as the board deems necessary

18  from time to time and shall be used only as a payroll account

19  or for such other purposes as the board shall determine.

20         Section 29.  The board is authorized and directed

21  annually to levy upon taxable real property only within the

22  district, not exempt by law, a sufficient tax necessary for

23  the purposes and needs of the district incurred in the

24  exercise of the powers and purposes herein granted.  The rate

25  of taxation per annum shall not exceed 2 mills on the dollar

26  of the county assessed valuation of the property within the

27  district for tax purposes.  The term "mill" as used in this

28  section shall be deemed to mean one-tenth part of one cent or

29  one thousandth of a dollar.

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

31  authorized by any provision of this act shall be by resolution

                                  19

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  of the board duly entered upon the minutes of the

 2  board.  Certified copies of such resolution executed in the

 3  name of the board by its chair, under its corporate seal,

 4  shall be made and delivered to the board of county

 5  commissioners of Monroe County and to the comptroller of the

 6  state no later than July 1 of each year.  It shall be the

 7  mandatory duty of the county commissioners of Monroe County to

 8  order and require the county tax assessor of the county to

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

10  the amount of taxes so assessed or levied by the board of the

11  district upon the taxable property in the district, not exempt

12  by law, at the rate of taxation adopted by the board of the

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

14  assessor and attached to the assessment roll of taxes for said

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

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

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

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

19  the tax collector of county taxes to the county

20  depository.  All such taxes shall be held by the board and

21  paid out by them as provided in this act.  The board is

22  authorized to pay necessary expenses to the forenamed officers

23  for the assessment and collection of taxes on a reasonable fee

24  basis. If any surplus shall occur in the operation and

25  maintenance fund, the board is authorized to use the surplus

26  or any portion thereof to retire bonded indebtedness, but not

27  to the extent that the financial security of the operation and

28  maintenance fund shall be impaired.

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

30  funds of the district all expenses of the organization of the

31  board and all expenses necessarily incurred with the formation

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  of the district and all other reasonable and necessary

 2  expenses approved and certified by the board, including the

 3  fees and expenses of an attorney in the transaction of the

 4  business of the district, and in carrying out and

 5  accomplishing the purposes of this act. This section, however,

 6  shall not be construed to limit or destroy any of the powers

 7  vested in the board by any other section or provision of this

 8  act.

 9         Section 32.  (1)  Subject to such provisions and

10  restrictions as may be set forth in the resolution authorizing

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

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

13  the government of the United States or any agency or

14  instrumentality thereof, or with the state or any county,

15  municipality, district, authority, or political subdivision,

16  private corporation, partnership, association, or individual

17  providing for or relating to the construction or acquisition

18  of additions, extensions, and improvements to the hospital or

19  hospitals, medical facilities, or other health care related

20  facilities, and any other matters relevant thereto or

21  otherwise necessary to effect the purpose of this act, and to

22  receive and accept from any federal agency, state agency, or

23  other public body grants or loans for or in aid of said

24  purposes and to receive and accept aid or contributions or

25  loans from any other source of either money, property, labor,

26  or other things of value, to be held, used, and applied only

27  for the purpose for which such grants, contributions, or loans

28  may be made.

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

30  lease or sell any real or personal property owned by the

31  district, or to otherwise relinquish and dispose of the

                                  21

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  district's title or right to immediate possession of such

 2  property, according to the following terms and conditions:

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

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

 5  to immediate possession otherwise relinquished or disposed of

 6  according to the manner and procedure and according to the

 7  terms and conditions the board at the time might determine.

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

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

10  immediate possession otherwise relinquished, according to the

11  procedures, terms, and conditions that the board approves, to

12  a public or private health service organization for the

13  provision of medical services that the board cannot on its own

14  provide, as authorized by section 6.

15         (c)  Any real or personal property of a fair value of

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

17  than 1 year and 1 day, or the title or right to immediate

18  possession otherwise relinquished or disposed of for a term of

19  more than 1 year and 1 day, after the board has determined by

20  appropriate resolution that such property is surplus to the

21  needs and requirements of the district, and after the board

22  has submitted the property to the general public for offers by

23  publishing a Notice of Intent to Dispose of Property in a

24  newspaper of general circulation published in Key West at

25  least 30 days in advance of such lease, sale, or other

26  disposition.  Any person desiring such property shall submit

27  his or her offer to lease or buy to the board during such

28  30-day period, or during such longer period as the board might

29  establish, along with the terms and conditions of such

30  offer.  The published notice shall be sufficient if it shall

31  reasonably identify the property in question and inform any

                                  22

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  persons interested in such property that the board desires to

 2  dispose of said property and seeks offers to lease or buy

 3  thereon.  It is not required that such notice specify the

 4  terms and conditions desired by the district, and if such

 5  terms and conditions are included in such notice, or otherwise

 6  provided, they are to be for general information only and

 7  shall not prevent the board from accepting different terms and

 8  conditions which the board might determine to be more

 9  beneficial to the district.  Offers submitted by the bidders

10  are not required to be sealed or to be kept confidential to

11  the district, unless otherwise specified in the published

12  notice, and any bidder may submit any number of alternate

13  offers at any time during the bidding period.

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

15  accept any bid upon surplus property, and to lease, sell, or

16  otherwise convey said property, in accordance with the

17  provisions of this section, or to reject all the bids, as the

18  board might determine to be in the best interests of the

19  district.

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

21  Monroe County, or to any municipality or to any other

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

23  United States located partially or entirely within the

24  boundaries of the district, any surplus property for a nominal

25  consideration and according to those terms and conditions as

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

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

28  such conveyance would be in the best interests of the district

29  and the residents thereof; provided, however, that such

30  conveyance for nominal consideration shall not be made until

31  at least 30 days after the terms and conditions thereof shall

                                  23

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  have been published in a newspaper of general circulation

 2  published in Key West, or until residents and taxpayers of the

 3  district shall have been afforded an opportunity to be heard

 4  upon such conveyance at a regular meeting of the board.

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

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

 7  may not be leased, nor may right to immediate possession be

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

 9         Section 33.  At least once each year the board shall

10  publish once in some newspaper published in the district, a

11  complete detailed annual statement of all moneys received and

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

13  first published statement and since the last published

14  statement as to any other year.  The statements shall also

15  show the several sources from which the funds were received

16  and shall show the balance on hand at the time of the

17  published statement.  It shall show a complete statement of

18  the financial condition of the district.

19         Section 34.  Each hospital, medical facility, or other

20  health care related facility established under this act shall

21  be for the use and benefit of the residents of the

22  district.  Residents shall be admitted to the hospital or

23  hospitals or any of the related facilities and shall be

24  entitled to hospitalization and treatment, subject, however,

25  to the rules and regulations prescribed by the board effective

26  as of the date of admission of such resident.  The board shall

27  be authorized to accept money from any welfare funds provided

28  for Monroe County or moneys available to the indigent patients

29  from a federal, state, or county agency or municipality or

30  moneys available to Monroe County from said governmental

31  agencies for welfare and hospital purposes, for the payment of

                                  24

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  costs of treatment and care of indigent residents of the

 2  district; the board may collect from patients financially able

 3  such charges as the board may from time to time

 4  establish.  The board may exclude from treatment and care any

 5  person having a communicable or contagious disease where such

 6  disease may be a detriment to the best interests of the

 7  hospital or hospitals or related facilities or which may

 8  constitute a source of contagion or infection to the patients

 9  in its care, unless the institution involved has a separate

10  building or ward for the special treatment of such persons and

11  can properly and with safety to the other patients retain the

12  communicable or contagious case in such separate ward or

13  building.  The board may extend the privileges and use of a

14  hospital or related facilities to nonresidents of the district

15  but who pay the rates established by the board and upon such

16  terms and conditions as the board may from time to time by its

17  rules and regulations provide.  However, the residents of the

18  district wherein a hospital or related facility is located

19  shall have first claim to admission.  The board further shall

20  have the power to furnish and extend the benefits of a

21  hospital or related facility and treatment to the homes of

22  indigent residents of the district.  Each municipal

23  corporation situated within the district and the law enforcing

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

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

26  custody of the municipal corporation or county officers who

27  are admitted to the hospital or other facility operated by the

28  board.

29         Section 35.  Realizing that factors other than

30  professional must enter into qualification of those who

31  practice medicine and surgery, the board is authorized to

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  promulgate and adopt rules, regulations, and bylaws for the

 2  governing of the operation of any hospital, nursing home,

 3  ambulance service, or such other services as may be

 4  established under this act and the hospital staff, nursing

 5  home, nursing home staff, ambulance service, and medical

 6  staff; and the board is authorized to give, refuse, grant,

 7  revoke, suspend, and otherwise curtail licenses or privileges

 8  of staff members so that the welfare and health of patients

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

10  ambulance service may be best served at all times.  The board

11  further is authorized to set up rules and regulations for the

12  hospital, nursing home, and an ambulance service, which terms

13  shall include nurses on general duty or on private duty

14  attending patients, and all other personnel in the hospital,

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

16  attendance upon patients.  There shall be no liability on the

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

18  against any hospital, nursing home, hospital medical staff,

19  ambulance service, district board of commissioners,

20  individually or collectively, or hospital disciplinary body or

21  its agents or employees for any action taken in good faith and

22  without malice in carrying out the provisions of this

23  section.  However, nothing in this section shall be construed

24  to relieve any person of liability in the case of medical

25  malpractice or negligence.

26         Section 36.  The board on behalf of the district shall

27  secure and keep in force in amounts it may determine

28  reasonable, in companies duly authorized to do business in

29  Florida, liability insurance covering vehicles and

30  premises.  The board on behalf of the district shall attempt

31  to secure and keep in force in amounts it may determine

                                  26

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  reasonable, in companies duly authorized to do business in

 2  Florida, liability insurance covering professional

 3  malpractice. In the event such professional malpractice

 4  insurance is not available or is otherwise available at costs

 5  the board deems unreasonable, the board on behalf of the

 6  district may elect to self-insure for such risk.  In

 7  consideration of the premium at which each policy of

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

 9  insurance contract that the insurance company shall not be

10  entitled to the benefit of the defense of governmental

11  immunity for the insured by reason of exercising a

12  governmental function on any suit brought against the

13  insured.  Immunity of the hospital district against liability

14  damages is waived to the extent of liability insurance

15  carried.  However, no attempt shall be made at the trial of

16  any action against the district to suggest the existence of

17  any insurance which covers in whole or in part any judgment

18  which may be rendered in favor of a plaintiff.  The board, on

19  its behalf individually and on behalf of the district, shall

20  be indemnified by the district for any and all acts taken by

21  it, both collectively and individually, in good faith and

22  without malice in carrying out their duties under this act.

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

24  its records together with any of the records of the hospital

25  or hospitals or related facilities established under this act

26  provided that the records are photographed or microfilmed

27  prior to their destruction.

28         Section 38.  It is declared to be the legislative

29  intent that if any section, subsection, paragraph, sentence,

30  clause, or provision of this act is held invalid, the

31  remainder of the act shall not be affected.

                                  27

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1         Section 39.  All laws or parts of laws in conflict

 2  herewith are hereby repealed to the extent of such conflict.

 3         Section 40.  This act shall become effective only upon

 4  approval by a majority vote of the qualified freeholder

 5  electors voting in a referendum election in which a majority

 6  of the freeholders who are qualified registered electors in

 7  the district shall participate, to be held in Monroe County at

 8  a special election to be called by the county commission

 9  within 45 days from the date this act is filed with the

10  secretary of state.  If the election so held is favorable to

11  the establishment of a hospital district, then the cost of

12  said election shall be borne by the hospital commission

13  created thereby.  If such measure fails, then the cost of the

14  special election shall be borne by the county commission of

15  Monroe County.

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

17  application thereof to any person or circumstance is held

18  invalid, the invalidity shall not affect other provisions or

19  applications of the act which can be given effect without the

20  invalid provision or application, and to this end the

21  provisions of this act are declared severable.

22         Section 5.  In the event of a conflict between the

23  provisions of this act and the provisions of any other act,

24  the provisions of this act shall control to the extent of such

25  conflict.

26         Section 6.  This act shall be construed as a remedial

27  act and shall be liberally construed to promote the purpose

28  for which it is intended.

29         Section 7.  Chapters 67-1724, 69-1322, 72-617, 73-555,

30  73-558, 75-450, 77-600, 77-601, 77-602, 77-603, 78-565,

31  

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    Florida Senate - 2003        (NP)                      SB 2882
    39-1077-03                                          See HB 203




 1  79-511, 82-414, 87-459, 89-551, and 94-415, Laws of Florida,

 2  are repealed.

 3         Section 8.  This act shall take effect upon becoming a

 4  law.

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