Senate Bill sb2938

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003        (NP)                      SB 2938

    By Senator Carlton





    23-1289-03                                         See HB 1113

  1                      A bill to be entitled

  2         An act relating to Sarasota County; providing

  3         legislative intent; amending, codifying, and

  4         reenacting all special acts relating to the

  5         Sarasota County Public Hospital District;

  6         providing District boundaries; providing for a

  7         governing board; providing powers, functions,

  8         and duties of the District and its governing

  9         board, including express power to sell and

10         exchange real estate; repealing chapters 26468

11         (1949), 27888 (1951), 31262 (1955), 57-1838,

12         59-1839, 61-2807, 61-2855, 61-2868, 63-1893,

13         63-1895, 63-1896, 63-1913, 65-2226, 65-2227,

14         65-2232, 67-2047, 69-1583, 69-1593, 71-907,

15         83-525, 84-530, 85-501, 86-373, 87-526, 88-534,

16         90-411, 90-422, 95-507, and 2000-400, Laws of

17         Florida, except for the provisions approved in

18         referendum on January 10, 1950, conferring ad

19         valorem taxing authority; ratifying actions of

20         the District and the governing board taken

21         pursuant to chapter 69-1583, Laws of Florida;

22         providing severability; providing for

23         construction and effect; providing an effective

24         date.

25  

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

27  

28         Section 1.  Pursuant to section 189.429, Florida

29  Statutes, this act constitutes the codification of all special

30  acts relating to Sarasota County Public Hospital District.  It

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

                                  1

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  provide a single, comprehensive special act charter for the

 2  District including all current legislative authority granted

 3  to the District by its several legislative enactments,

 4  inclusive of authority conferred in referenda of Sarasota

 5  County electors, and any additional authority granted by this

 6  act.  It is further the intent of this act to preserve all

 7  District authority in addition to any authority contained in

 8  general law as amended from time to time.

 9         Section 2.  Chapters 26468 (1949), 27888 (1951), 31262

10  (1955), 57-1838, 59-1839, 61-2807, 61-2855, 61-2868, 63-1893,

11  63-1895, 63-1896, 63-1913, 65-2226, 65-2227, 65-2232, 67-2047,

12  69-1583, 69-1593, 71-907, 83-525, 84-530, 85-501, 86-373,

13  87-526, 88-534, 90-411, 90-422, 95-507, and 2000-400, Laws of

14  Florida, are amended, codified, reenacted, and repealed as

15  herein provided.

16         Section 3.  The Sarasota County Public Hospital

17  District is re-created, and the charter for such District is

18  re-created and reenacted to read:

19         Section 1.  (1)  The Sarasota County Public Hospital

20  District ("District"), an independent special district, is

21  hereby established with jurisdiction extending territorially

22  throughout all of Sarasota County, which territory is hereby

23  known as the Sarasota County Public Hospital District, and

24  which shall be governed by the Sarasota County Public Hospital

25  Board ("Hospital Board"), as a body corporate.

26         (2)  For purposes of election of Hospital Board

27  members, the Hospital Board shall create three hospital board

28  districts within the Sarasota County Public Hospital District,

29  the boundaries of which shall be within the boundaries of

30  Sarasota County, which shall be designated as northern,

31  central, and southern districts, and which shall be as nearly

                                  2

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  equal in population as practicable.  The Hospital Board by

 2  resolution adopted from time to time, at intervals of no more

 3  than 10 years, shall fix the boundaries of the districts along

 4  the lines of precincts as they exist at the time such

 5  boundaries are fixed.  A certified copy of the resolution

 6  shall be furnished by the secretary of the Hospital Board to

 7  the Sarasota County Supervisor of Elections at least 10 months

 8  prior to the next ensuing general election following adoption

 9  of the resolution.

10         (3)  The membership of the Hospital Board shall consist

11  of nine members, all of whom must be qualified electors of the

12  District.  Commencing with the election of 1988, two such

13  members must reside in each of said hospital board

14  districts.  All members shall be elected in a partisan

15  election by the qualified electors of the District.  Two

16  members who are residents of the southern district shall be

17  elected to district seats in 1986 and every fourth year

18  thereafter; two members who are residents of the northern

19  district shall be elected to district seats in 1986 and every

20  fourth year thereafter; one member who is a resident of the

21  central district shall be elected to a district seat in 1986

22  and every fourth year thereafter; one member who is a resident

23  of the central district shall be elected to a district seat in

24  1988 and every fourth year thereafter; and three members shall

25  be elected to at-large seats in 1988 and every fourth year

26  thereafter.  Candidates for the six district seats and the

27  three at-large seats shall be numerically or otherwise grouped

28  for a specific seat on primary or general election ballots as

29  provided in the Florida Election Code.  Candidates for

30  district seats shall be placed in districts on primary and

31  general election ballots.  In any year in which hospital board

                                  3

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  district seats are to be filled, the hospital board district

 2  (northern, central, or southern) shall be printed on the

 3  ballot beneath the name of the office.  The format of the

 4  ballot shall be in conformity with the Florida Election

 5  Code.  Four members who were elected for 4-year terms in the

 6  election of November 1982 and one member who was elected for a

 7  2-year term in the election of November 1984 shall serve until

 8  the expiration of their terms of office, and five members

 9  shall be elected for 4-year terms in 1986 and each fourth year

10  thereafter.  Four members who were elected for 4-year terms in

11  the election of November 1984 shall serve until the expiration

12  of their terms of office, and four members shall be elected

13  for 4-year terms in 1988 and each fourth year thereafter.

14         (4)  If a vacancy occurs on the Hospital Board due to a

15  member's death, resignation, removal from office for neglect

16  of duty, removal of residence from the territorial limits of

17  the county, or removal of residence from the territorial

18  limits of the district in the case of a district seat holder,

19  the remainder of the Hospital Board shall appoint a temporary

20  member to fill the vacancy until the next ensuing general

21  election, at which time a new member must be elected for the

22  remainder of the term of the member whose membership has been

23  so vacated.  To be eligible for appointment to such Hospital

24  Board, a person must be a qualified elector of the territory

25  covered by this act, and if the vacancy occurs in a hospital

26  board district seat, such person must also be a resident of

27  that district in which the vacancy occurs.

28         (5)  The term of office of a Hospital Board member

29  begins on the Tuesday 2 weeks following the day of general

30  election in which the member is elected.  The term of office

31  of a member's immediate predecessor expires contemporaneously

                                  4

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  with the commencement of the term of such newly elected

 2  member.

 3         (6)  Each Hospital Board member shall attend not less

 4  than 75 percent of the regular meetings of the Hospital Board

 5  during each year of such board member's term.  For purposes of

 6  this subsection, the year of a board member's term commences

 7  on the date, followed by the yearly anniversary of the date,

 8  upon which the board member takes office.  The failure of any

 9  Hospital Board member to meet this attendance requirement

10  without being excused by the chair of the Hospital Board

11  constitutes neglect of duty.  By resolution specifying facts

12  sufficient to advise a Hospital Board member as to the basis

13  for his or her suspension or removal and after providing the

14  Hospital Board member with reasonable notice and an informal

15  opportunity for him or her to be heard, the Hospital Board may

16  suspend or remove from office any Hospital Board member for

17  neglect of duty.  If a vacancy occurs on the Hospital Board

18  due to removal from office pursuant to this subsection, the

19  remainder of the Hospital Board shall fill the vacancy in the

20  manner set forth in subsection (4).

21         Section 2.  The members of said Hospital Board shall

22  receive no salary as board members but shall be reimbursed for

23  the amount of actual expenses incurred by them in the

24  performance of their duties.  Reimbursement for mileage shall

25  include mileage from members' places of residence to Hospital

26  Board facilities and return and for vicinity mileage incurred

27  in the performance of their duties and shall be computed as

28  provided in section 112.061, Florida Statutes.  The travel

29  expenses, subsistence, and lodging expenses of a member may

30  not exceed those prescribed by section 112.061, Florida

31  Statutes, unless actual reasonable expenses in excess of those

                                  5

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  prescribed by section 112.061, Florida Statutes, are

 2  specifically authorized prior to the incurring of such

 3  expenses, by action of the Hospital Board taken at a regular

 4  monthly meeting at which the question of such expenses appears

 5  as a separate item on the agenda.

 6         Section 3.  The Hospital Board shall select a meeting

 7  place and a place for its principal office, and the board

 8  meetings shall be held at least once a month.  The Hospital

 9  Board may elect one of its members to serve as secretary, one

10  to serve as assistant secretary, one to serve as treasurer,

11  and two to serve as assistant treasurers; or it may appoint

12  persons not members of the Hospital Board to serve in those

13  capacities.  There shall be a chair of the board, a first vice

14  chair, and a second vice chair.  The Hospital Board is

15  authorized to establish and maintain a refund account in a

16  commercial bank of its choosing and may designate the

17  president, executive vice president, vice presidents, business

18  office manager, or controller of the Hospital Board, or any of

19  them, as the sole authorized signatories for such refund

20  account.  The president appointed by the Hospital Board, the

21  chair, the first vice chair, the second vice chair, the

22  treasurer, and the assistant treasurers shall be empowered to

23  issue, without a cosignature, warrants for payment of salaries

24  and wages of employees of the Hospital Board.  All other

25  vouchers and warrants shall be issued by either the treasurer

26  or assistant treasurer and shall be signed by the chair, and

27  in the event of the absence of the chair, by the first vice

28  chair, and in the event of the absence of the chair and the

29  first vice chair, by the second vice chair.  The Hospital

30  Board is authorized to issue its checks, warrants, and

31  vouchers bearing facsimile signatures which are affixed by

                                  6

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  check-signing machines and devices of the officers and

 2  employees of the Hospital Board who are authorized to sign on

 3  its behalf.  Said treasurer and assistant treasurers shall

 4  give bonds, in amounts to be designated by a majority vote of

 5  said Hospital Board, of the faithful performance of their

 6  duties, by some reputable bonding company authorized to do

 7  business in the State of Florida.  The said Hospital Board is

 8  authorized to pay to the treasurer, assistant treasurers,

 9  secretary, and assistant secretary a salary and expenses

10  commensurate with the work done and in keeping with the salary

11  paid for like work by other businesses in the community from

12  time to time.

13         Section 4.  The said Sarasota County Public Hospital

14  Board, as the governing body of the District, is hereby

15  declared to be a body corporate and it shall adopt a common

16  seal.

17         Section 5.  The duties of the secretary duly elected by

18  said Hospital Board shall be to keep full and correct minutes

19  of all proceedings and minutes of the Hospital Board.  The

20  duties of the treasurer duly elected by said Hospital Board

21  shall be to keep a separate account of all expenditures and

22  disbursements by said Hospital Board and an account of all

23  receipts.

24         Section 6.  The said Hospital Board shall make and

25  adopt such bylaws, rules, and regulations for its guidance and

26  for the governance of any hospitals that may be established,

27  as may be deemed expedient for the economic and equitable

28  conduct thereof, and shall have exclusive control of the

29  expenditures of all moneys collected or paid to the secretary

30  of the Hospital Board, and shall have power to purchase a site

31  or sites, and to construct any hospital building or buildings

                                  7

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  necessary, and shall have full supervision, care, and custody

 2  of all properties belonging to said Sarasota County Public

 3  Hospital Board, or leased to it, or set apart to it for its

 4  purposes.  Said Hospital Board shall also have the right to

 5  buy at a reasonable price any buildings or hospitals which may

 6  be now in use and suitable for the purposes of said Board.

 7         Section 7.  All moneys and receipts for such hospital

 8  or hospitals and other health care services, if any, shall be

 9  deposited in a bank or banks designated by said Hospital Board

10  and placed to the credit of said Hospital Board.  Such moneys

11  may be paid out in the same manner as provided in section 3,

12  without an order from said Hospital Board, for general

13  operating expenses including, but not limited to, such

14  categories of expense as drugs, food, fuel, linens, supplies,

15  laundry, medicines, salaries, wages, utilities, and items of

16  equipment; for capital expenses for land, buildings, and

17  equipment; and for other valid corporate purposes.  The

18  Hospital Board is empowered to adopt resolutions or to adopt

19  provisions in its bylaws from time to time which establish a

20  procedure which requires the approval and order of the

21  Hospital Board for the payment of any of the foregoing

22  designated categories of expense which exceed a dollar amount

23  or which meet any other expense criteria as established in

24  such Hospital Board resolutions or bylaws. When such items

25  requiring board approval have been approved by the Hospital

26  Board in regular session and a voucher issued, a warrant may

27  be drawn for same.

28         Section 8.  A majority of said Hospital Board shall

29  constitute a quorum for the transaction of its business, and

30  said Hospital Board shall be and is hereby authorized and

31  empowered:

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1         (1)  To appoint a suitable president, fix his or her

 2  compensation, remove any such appointee, and authorize the

 3  president to do all things reasonable and necessary to direct

 4  the operations and activities of facilities owned or operated

 5  by the Hospital Board.

 6         (2)  To acquire by purchase, gift, or otherwise real

 7  and personal property necessary or useful for the

 8  construction, operation, and maintenance of hospital buildings

 9  and other buildings necessary, in the opinion of the Hospital

10  Board, for health care purposes; to sell or exchange real

11  estate or any interest in real estate; and to construct

12  hospitals, health facilities which may include outpatient

13  health facilities and medical offices, and buildings and

14  accessories incidental thereto on such real estate, and, if

15  such construction occurs within the Memorial Hospital Core as

16  defined by the Comprehensive Plan of the City of Sarasota, to

17  do so without regard to municipal and county zoning

18  ordinances, laws, and regulations.

19         (3)  To adopt from time to time resolutions requesting

20  the Board of County Commissioners of Sarasota County to call

21  elections in the District for the purpose of submitting to the

22  qualified electors in the District the question of issuing

23  bonds of the District for the purpose of acquiring a site or

24  sites, the construction thereon of a hospital or hospitals and

25  buildings incidental thereto, and to improve buildings or

26  buildings and the furnishings and equipping of any such

27  hospital or hospitals and buildings.  Said Hospital Board may

28  adopt such resolutions on its own initiative and shall adopt

29  such resolutions upon the filing with it of a petition signed

30  by not less than 5 percent of the qualified electors of the

31  District requesting the Hospital Board to adopt such

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  resolutions.  Upon the adoption of such resolution by the

 2  Hospital Board, it shall be the duty of the Board of County

 3  Commissioners of Sarasota County to forthwith adopt a

 4  resolution or resolutions which order an election to be held

 5  in such county and provide for the date of such elections and

 6  the publication of notices thereof, all in the form and manner

 7  provided by law.

 8         (4)  To issue negotiable coupon bonds of the District,

 9  from time to time, if approved by a majority of the votes cast

10  in an election by the qualified electors of the District,

11  bearing interest at such rate or rates not exceeding 6 percent

12  per annum, maturing at such time or times not exceeding 30

13  years from the date thereof, and redeemable at such times and

14  at such price or prices, all as said Hospital Board may

15  determine by resolution, and to sell such bonds at public or

16  private sale and for such price, not less than 95 percent of

17  the par value thereof, as said county Hospital Board may by

18  resolution determine.

19         (5)  To supervise, operate, and maintain all properties

20  belonging to it.

21         (6)  To enter into contracts or leases with any

22  individual, corporation, public body, board of commissioners,

23  the State of Florida, Sarasota County, or any municipality, or

24  agency or instrumentality of said state, county, or

25  municipality, with respect to the use of any of the property

26  belonging to the Hospital Board by any thereof.

27         (7)  To borrow money from any person, firm,

28  association, corporation, or governmental agency necessary for

29  the purpose of purchasing property, constructing buildings,

30  equipping the hospital or hospitals or other health facilities

31  owned or operated by the Hospital Board, and maintaining said

                                  10

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  hospital or hospitals or other health facilities, from time to

 2  time as may be necessary in properly carrying out the spirit

 3  and purpose of this act, and as evidence thereof to make,

 4  execute, and deliver promissory notes or other evidences of

 5  other indebtedness; and, to the extent permitted by the

 6  Florida Constitution and general laws, to secure the payment

 7  of same by mortgages, liens, and other kinds of security upon

 8  any property owned or held by the Hospital Board.

 9         (8)  To certify to the Board of County Commissioners of

10  Sarasota County the amount of the principal and interest upon

11  bonds issued by the Hospital Board and falling due in which

12  any such principal or interest may be payable and the amount

13  necessary to be raised in the District for the purposes of

14  providing a fund sufficient in the opinion of the Hospital

15  Board to pay the cost of operating and maintaining properties

16  of the Hospital Board in each year. In the event bonds shall

17  be issued under the provisions of this act, it shall be the

18  duty of the Hospital Board to certify such facts in writing to

19  the Board of County Commissioners within 30 days after the

20  delivery of such bonds and on or before the expiration of each

21  12-month period thereafter, and it shall be the duty of the

22  Board of County Commissioners to levy upon all taxable

23  property in the District and collect a tax sufficient to

24  provide funds for the payment of the principal and the

25  interest upon such bonds as such principal and the interest

26  upon such bonds fall due and a tax, not to exceed 2 mills on

27  assessed valuation of property in the District, to provide

28  funds for the operation, maintenance, and repair of and for

29  the making of alterations and additions to any hospitals

30  established by the Hospital Board under the provisions of this

31  act.  The proceeds of all such taxes shall be paid over to the

                                  11

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  secretary and treasurer of the District as such taxes are

 2  received.

 3         (9)  To certify to the Board of County Commissioners of

 4  Sarasota County, on or before the 15th day of each month

 5  commencing with the month of November 1959, a list of all the

 6  medically indigent persons who have been hospitalized in any

 7  of the hospitals which are operated by the Hospital Board

 8  during the preceding month, together with the itemized charges

 9  for the hospital services and care for each of said medically

10  indigent persons which have been rendered in such preceding

11  month by the said hospital.  The Board of County Commissioners

12  of Sarasota County shall, within 45 days after the receipt of

13  such certified list of medically indigent patients with the

14  hospital charges, make remittance to the treasurer of the

15  Hospital Board of the sum total of the amount shown on the

16  certified list to be the amount owing to the Hospital Board

17  for the hospital services and care rendered to the medically

18  indigent persons during the month embraced in said

19  certification.

20  

21  The Hospital Board shall give written notice to the Welfare

22  Department of Sarasota County of the proposed admission of

23  each medically indigent person to hospitals operated by said

24  Hospital Board, prior to the actual admission of each such

25  medically indigent person, provided, however, that notice to

26  said Welfare Department prior to the admission of a medically

27  indigent person shall not be required in emergency cases.

28  

29  The said Board of County Commissioners shall in like manner

30  reimburse any other hospital in Sarasota County, approved by

31  the State Board of Health, for hospital services rendered to

                                  12

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  medically indigent persons as herein defined, upon like

 2  certification by such hospital and at such rates as shall not

 3  exceed those prescribed for such patients by hospitals owned

 4  and operated by said Hospital Board.

 5  

 6  The term "medically indigent person," as used in this act,

 7  shall be deemed to mean an inhabitant of Sarasota County who

 8  is ill or injured and who requires treatment in a hospital as

 9  prescribed and ordered by a physician and who is unable to

10  provide himself or herself with such necessary hospital

11  services.

12         (10)  To expend hospital funds and withhold employees'

13  wages in order to make payment (including any amount paid for

14  insurance and annuities, or into a fund, to provide for any

15  such payment) to or on behalf of an employee of the Hospital

16  Board or any of his or her dependents under any plan or system

17  established by the Hospital Board, when such payment is on

18  account of (a) retirement; (b) sickness or accident

19  disability; (c) medical or hospitalization expenses in

20  connection with sickness or accident disability; or (d) death.

21         (11)  To expend funds and provide facilities and

22  personnel to conduct formal and informal courses of

23  instruction, demonstration, and education through hospitals

24  under its jurisdiction relating to hospital procedures,

25  services, and care and the operation and care of apparatus and

26  equipment utilized in connection with usual hospital

27  functions, and to authorize the participation in such courses

28  with private or other governmental agencies; and to award

29  scholarship grants and make scholarship loans to qualified

30  students of nursing, X-ray technology, and other

31  hospital-related fields of study in consideration for the

                                  13

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  promises of such students to enter the employment of said

 2  Hospital Board and to meet other conditions and requirements

 3  to be established by said Hospital Board from time to time.

 4         (12)  To provide hospital and other health care

 5  services within the confines of facilities which are owned or

 6  operated by the Board.  Additionally, the Hospital Board is

 7  authorized to provide hospital and other health care services

 8  within the boundaries of the Hospital District but outside of

 9  facilities which are owned or operated by the Board, provided

10  that the Hospital Board shall adopt a resolution or

11  resolutions from time to time defining the type and scope of

12  hospital and other health care services which the Hospital

13  Board employees, agents, and staff are authorized to render

14  outside of the facilities of the Board.

15         (13)  To participate, to the extent permitted by the

16  constitution and laws of this state, as a shareholder in a

17  corporation, as a joint venturer in a joint venture, as a

18  partner in a limited partnership or a general partnership, or

19  as a member of any other lawful form of business organization

20  which provides health care or engages in activities related

21  thereto; to make or arrange for loans, contributions to

22  capital, and other debt and equity financing for the

23  activities of such corporations, joint ventures, partnerships,

24  or other lawful forms of business organization and to

25  guarantee loans for such purposes; to elect the boards of

26  directors of its not-for-profit corporations; and to utilize,

27  for any lawful purpose, assets and resources of the Hospital

28  Board to the extent not needed for health care and related

29  activities.

30         (14)  To establish a fund out of hospital revenues

31  other than those revenues derived from ad valorem taxation to

                                  14

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  promote the activities of the facilities owned or operated by

 2  the Hospital Board.  The term "promote," as used in this

 3  subsection, shall be defined in its broadest sense to include,

 4  but not be limited to, advertising, the extension of

 5  hospitality or entertainment, the use of news media, and the

 6  employment of public relations methods. Expenditures from the

 7  fund shall be limited to those determined by the Hospital

 8  Board to be reasonable and necessary to encourage and develop

 9  support for the facilities owned and operated by the Hospital

10  Board.  The Hospital Board may adopt rules for the effective

11  implementation of this subsection.

12         (15)  To compromise and settle any accounts receivable

13  or other claim for money due and owing to the hospital by

14  persons unable to pay on demand according to such terms and

15  conditions as the Hospital Board in its discretion may

16  determine.  The Hospital Board is further authorized and

17  empowered to sell, assign, or convey to any person, financial

18  institution, or organization the right, title, and interest in

19  any account receivable or judgment owned by the Hospital Board

20  by full or partial payment of such account or judgments as the

21  Hospital Board in its discretion may determine.

22         (16)  To establish, own, provide, or participate in

23  health maintenance organizations, in preferred provider

24  organizations, in food services, and in other

25  health-care-related activities using assets and resources of

26  the Hospital Board to the extent not needed for health

27  care.  Any of such activities may be carried out by the

28  Hospital Board through any of its forms of organization

29  authorized under this act.

30         (17)  To the extent permitted by the constitution and

31  laws of this state, to establish, operate, or support

                                  15

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  subsidiaries and affiliates, either for profit or not for

 2  profit, to assist the Hospital Board in fulfilling its

 3  declared public purpose of provision for the health care needs

 4  of the people of the District; to establish or support

 5  nonaffiliated, not-for-profit corporations which operate

 6  primarily within the District and which have as their purposes

 7  the furtherance of the Hospital Board's provision for the

 8  health care needs of the people of the District; and to

 9  accomplish such establishment, operation, or support of any

10  such subsidiary, affiliate, or nonaffiliated, not-for-profit

11  corporation by means of loans of funds either interest free or

12  at low interest, leases of real or personal property either

13  rent free or for low rental, gifts and grants of funds, or

14  guarantees of indebtedness of such subsidiaries, affiliates,

15  and nonaffiliated, not-for-profit corporations.  The

16  establishment, operation, or support of a subsidiary or

17  affiliate corporation or nonaffiliated, not-for-profit

18  corporation is hereby found and declared to be a public

19  purpose and necessary for the preservation of the public

20  health and for a public use and for the welfare of the

21  Hospital Board and inhabitants of the District.  It is the

22  intent of the Legislature to authorize the formation of the

23  entities described in this section to further the interests of

24  the residents of Sarasota County in maintaining the financial

25  well-being of Memorial Hospital of Sarasota by providing,

26  directly or indirectly, for the delivery, financing, and

27  support of hospital and nonhospital health care services and

28  related activities to the extent consistent with the

29  financial, patient acquisition, and development needs of

30  Memorial Hospital of Sarasota.

31  

                                  16

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1         (18)  In addition to any investment authorized by

 2  general law, and to the extent permitted by the constitution

 3  of this state, to invest any funds in its control or

 4  possession in the following:

 5         (a)  Bankers' acceptances which are drawn upon and

 6  accepted by a commercial bank which is a member bank of the

 7  Federal Reserve System maintaining capital accounts in excess

 8  of 7.5 percent of total assets, and which member bank or its

 9  holding company carries a credit rating in one of the two

10  highest alphabetical categories from at least two nationally

11  recognized debt rating agencies.

12         (b)  Commercial paper of prime quality rated by at

13  least two nationally recognized debt rating agencies in the

14  highest letter and numerical rating of each agency.  If not so

15  rated, such prime quality commercial paper may be purchased if

16  secured by a letter of credit provided by a commercial bank,

17  which bank or its holding company carries a credit rating in

18  one of the two highest alphabetical categories from at least

19  two nationally recognized debt rating agencies.

20         (c)  Interest-bearing bonds, debentures, and other such

21  evidence of indebtedness with a fixed maturity of any domestic

22  corporation within the United States which is listed on any

23  one or more of the recognized national stock exchanges in the

24  United States and conforms with the periodic reporting

25  requirements under the Securities Exchange Act of 1934.  Such

26  obligation shall either carry ratings in one of the two

27  highest classifications of at least two nationally recognized

28  debt rating agencies or be secured by a letter of credit

29  provided by a commercial bank, which bank or its holding

30  company carries a credit rating in one of the two highest

31  

                                  17

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  alphabetical categories from at least two nationally

 2  recognized debt rating agencies.

 3         (d)  Negotiable direct obligations of, or obligations

 4  the principal and interest of which are unconditionally

 5  guaranteed by, the United States Government at the then

 6  prevailing market price for such securities; and obligations

 7  of the Federal Farm Credit Banks, Federal Home Loan Mortgage

 8  Corporation, or Federal Home Loan Bank or its district banks,

 9  including Federal Home Loan Mortgage Corporation participation

10  certificates, or obligations guaranteed by the Government

11  National Mortgage Association, or obligations of such Federal

12  Agencies and Government Sponsored Enterprises which are

13  qualified for purchase under paragraph (f); which are

14  purchased and sold under repurchase agreements and reverse

15  repurchase agreements.  Repurchase agreements and reverse

16  repurchase agreements may be entered into only with a member

17  bank of the Federal Reserve System or primary dealer in U.S.

18  Government Securities, which member bank or primary dealer

19  must have $100 million in capital.  Securities purchased or

20  repurchased by the Hospital Board shall be delivered to the

21  Hospital Board or its agent versus payment.

22         (e)  Purchase of options so as to engage in bona fide

23  hedging activities for the purpose of protecting the asset

24  value of the underlying portfolio, provided the instruments

25  for such purpose are traded on a securities exchange or board

26  of trade regulated by the Securities Exchange Commission or

27  the Commodity Futures Trading Commission.

28         (f)  Negotiable direct obligations of Federal Agencies

29  or Government Sponsored Enterprises (GSE) which meet each of

30  the following criteria:

31  

                                  18

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1         1.  An agency or GSE with at least $10 billion in

 2  outstanding debt.

 3         2.  A rating of at least an AA by a nationally

 4  recognized securities rating agency.

 5         3.  A selling group of at least three nationally

 6  recognized securities dealers.

 7         4.  Chartered by or pursuant to an Act of Congress.

 8         5.  Bonds issued under authority of, or pursuant to, an

 9  Act of Congress.

10         6.  Accepted as security for fiduciary, trust, and

11  public funds under control of the United States Government.

12         7.  Eligible as collateral for Federal Reserve Bank

13  discount window transactions.

14         8.  Eligible as collateral for Treasury Tax and Loan

15  accounts.

16         9.  Eligible for National Bank purchase without regard

17  to statutory limitations and restrictions generally applicable

18  to investment securities.

19         10.  Authority to borrow from the United States

20  Treasury.

21         (19)  In addition to other power and authority

22  conferred by this act or by general law, the Hospital Board is

23  vested with the following powers for issuance of revenue bonds

24  of the District:

25         (a)  The Hospital Board is hereby authorized to provide

26  by resolution at one time or from time to time for the

27  issuance of revenue bonds of the District for the purpose of

28  paying all or a part of the cost of acquisition, construction,

29  planning, leasing, repairing, extensions to, additions,

30  equipping, and reconstruction of any hospital buildings and

31  facilities of the District.  The bonds of each issue shall be

                                  19

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  dated, shall bear interest at such rate or rates not exceeding

 2  7 percent per annum, shall mature at such time or times, not

 3  exceeding 40 years from their date or dates, as may be

 4  determined by the Hospital Board, and may be made redeemable

 5  before maturity, at the option of the Hospital Board, at such

 6  price or prices and under such terms and conditions as may be

 7  fixed by the Hospital Board prior to the issuance of the

 8  bonds.  The Hospital Board shall determine the form of the

 9  bonds, including any interest coupons to be attached thereto,

10  and the manner of execution of the bonds and coupons, and

11  shall fix the denominations of the bonds and the place or

12  places of payment of principal and interest, which may be at

13  any bank or trust company within or without the state.  In

14  case any officer whose signature or a facsimile of whose

15  signature shall appear on any bonds or coupons shall cease to

16  be such officer before the delivery of such bonds, such

17  signature or such facsimile shall nevertheless be valid and

18  sufficient for all purposes the same as if he or she had

19  remained in office until such delivery.  All bonds issued

20  under the provisions of this act shall have and are hereby

21  declared to have all the qualities and incidents of negotiable

22  instruments under the negotiable instruments laws of the

23  state.  The bonds may be issued in coupon or in registered

24  form, or both, as the Hospital Board may determine, and

25  provisions may be made for the registration of any coupon

26  bonds as to the principal alone and also as to both principal

27  and interest, and for the reconversion into coupon bonds of

28  any bonds registered as to both principal and interest. The

29  issuance of such bonds shall not be subject to any limitations

30  or conditions contained in any other law, and the Hospital

31  Board may sell bonds in such manner at public or private sale

                                  20

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  and for such price as it may determine to be for the best

 2  interest of the Hospital Board, but no such sale shall be made

 3  at a price so low as to require the payment of interest on the

 4  money received therefor at more than 7 percent per annum,

 5  computed with relation to the absolute maturity of the bonds

 6  in accordance with standard tables of bond values, excluding,

 7  however, from such computations the amount of any premium to

 8  be paid on redemption of any bonds prior to maturity.  Prior

 9  to the preparation of definitive bonds, the Hospital Board

10  may, under like restrictions, issue interim receipts or

11  temporary bonds with or without coupons, exchangeable for

12  definitive bonds when such bonds have been executed and are

13  available for delivery.  The Hospital Board may also provide

14  for the replacement of any bonds which shall be mutilated,

15  destroyed, or lost.

16         (b)  Bonds may be issued under the provisions of this

17  act without obtaining the consent of any commission, board,

18  bureau, or agency of the state or county and without any other

19  proceedings or the happening of any other condition or thing

20  than those proceedings, conditions, or things which are

21  specifically required by this act.

22         (c)  No approval of the issuance of the revenue bonds

23  herein authorized at an election of the freeholders who are

24  qualified electors residing in the District shall be necessary

25  unless such election is required by the Constitution of the

26  State of Florida; then, and only in such event, such election

27  shall be called, noticed, and conducted and the results

28  thereof determined and declared as may be required by the

29  general laws of the state.

30         (d)  The proceeds of the bonds shall be used solely for

31  the payment of the cost of the hospital facilities for which

                                  21

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  such bonds shall have been authorized and shall be disbursed

 2  in the manner provided in the resolution or in the trust

 3  agreement authorizing the issuance of such bonds.  If the

 4  proceeds of the bonds of any issue shall exceed the amount

 5  required for the purpose for which the same shall have been

 6  issued, the surplus shall be set aside and used only for the

 7  payment of the cost of additional hospital facilities or shall

 8  be deposited in the sinking fund for such bonds.  In the event

 9  that the actual cost of the hospital facilities exceeds the

10  estimated cost, the Hospital Board may issue additional bonds

11  to cover the deficiency, subject to the same restrictions as

12  required for the original issue.

13         (e)  The Hospital Board is authorized and empowered to

14  fix, charge, and collect rates, fees, and charges for the use

15  of and for the services furnished or to be furnished by any

16  hospital facilities under the supervision, operation, and

17  control of the Hospital Board in amounts sufficient, with any

18  other funds legally available therefor, first to pay the

19  principal of and the interest on any revenue bonds issued

20  under the provisions of this act, including reserves therefor,

21  and second to pay the cost of operating and maintaining such

22  hospital facilities.

23         (f)  Revenue bonds issued under the provisions of this

24  act may be payable from the revenues derived from the

25  operation of any hospital facility or combination of hospital

26  facilities of the District under the supervision, operation,

27  and control of the Hospital Board and from any other funds

28  legally available therefor.  The issuance of such revenue

29  bonds shall not directly, indirectly, or contingently obligate

30  the state, Sarasota County, the Hospital Board, or the

31  District to levy any ad valorem taxes or to make any

                                  22

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  appropriations for their payment or for the operation and

 2  maintenance of the hospital facilities of the District.

 3         (g)  The Hospital Board shall not convey or mortgage

 4  any hospital facility or any part thereof as security for the

 5  payment of the revenue bonds.

 6         (h)  In the discretion of the Hospital Board, each or

 7  any issue of such revenue bonds may be secured by a trust

 8  agreement by and between the Hospital Board and a corporate

 9  trustee, which may be any trust company or bank having the

10  powers of a trust company within or without the state.  Such

11  trust agreement may pledge or assign the revenues to be

12  received by the Hospital Board.  The resolution providing for

13  the issuance of revenue bonds or such trust agreement may

14  contain such provisions for protecting and enforcing the

15  rights and remedies of the bondholders as may be reasonable,

16  proper, and not in violation of law, including covenants

17  setting forth the duties of the Hospital Board in relation to

18  the acquisition, construction, improvement, maintenance,

19  operation, repair, equipping, and insurance of the hospital

20  facilities, and the custody, safeguarding, and application of

21  all moneys.  It shall be lawful for any bank or trust company

22  incorporated under the laws of this state to act as such

23  depository and to furnish such indemnifying bonds or to pledge

24  such securities as may be required by the Hospital

25  Board.  Such resolution or such trust agreement may restrict

26  the individual right of action by bondholders as is customary

27  in trust agreements securing similar securities.  In addition

28  to the foregoing, such resolution or such trust agreement may

29  contain such other provisions as the Hospital Board may deem

30  reasonable and proper for the security of the

31  bondholders.  Except as in this act otherwise provided, the

                                  23

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  Hospital Board may provide, by resolution or by trust

 2  agreement, for the payment of the proceeds of the sale of the

 3  revenue bonds and the revenues of the facilities to such

 4  officer, board, or depository as it may determine for the

 5  custody thereof, and for the method of disbursement thereof,

 6  with such safeguards and restrictions as it may

 7  determine.  All expenses incurred in carrying out such trust

 8  agreement may be treated as a part of the cost of operation of

 9  the facilities affected by such trust agreement.

10         (i)  The resolution or trust agreement providing for

11  the issuance of the revenue bonds may also contain such

12  limitations upon the issuance of additional revenue bonds as

13  the Hospital Board may deem proper, and such additional bonds

14  shall be issued under such restrictions or limitations as may

15  be prescribed by such resolution or trust agreement.

16         (j)  The Hospital Board is hereby authorized to provide

17  by resolution for the issuance of refunding revenue bonds for

18  the purpose of refunding any revenue bonds, respectively, then

19  outstanding and issued under the provisions of this act.  The

20  Hospital Board is further authorized to provide by resolution

21  for the issuance of revenue bonds for the combined purpose of

22  paying the cost of any acquisition, construction, planning,

23  leasing, extension to, addition, improving, equipping, or

24  reconstruction of a facility or facilities of the District and

25  refunding revenue bonds of the District which shall

26  theretofore have been issued under the provisions of this act

27  and shall then be outstanding.  The issuance of such bonds,

28  the maturities and other details thereof, the right and

29  remedies of the holders thereof, and the rights, powers,

30  privileges, duties, and obligations of the District with

31  

                                  24

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  respect to the same shall be governed by the foregoing

 2  provisions of this act insofar as the same may be applicable.

 3         Section 9.  If the Hospital Board and the owners of the

 4  property desired by said Hospital Board for hospital purposes

 5  cannot agree as to the price to be paid therefor, said

 6  Hospital Board is empowered to bring condemnation proceedings

 7  against said property for the purpose of condemning said

 8  property for public hospital purposes, and said Hospital Board

 9  is hereby authorized and empowered to employ an attorney or

10  attorneys to prosecute said condemnation proceedings.  The

11  said Hospital Board is hereby given and granted the same

12  powers as the counties of this state so far as condemnation of

13  property is concerned and the same procedure shall be

14  followed.  The right of eminent domain hereby granted shall be

15  exercised in accordance with the provisions of chapter 74,

16  Florida Statutes, in the same manner as therein provided for

17  the acquiring of right-of-way for the state highway system and

18  to take title to lands in fee simple absolute or such lesser

19  estate as may be specified in the declaration of taking, upon

20  the deposit of such sum as the court shall determine will

21  fully secure and fully compensate the persons lawfully

22  entitled to compensation.

23         Section 10.  Any hospital established under this act

24  shall be for the benefit of the inhabitants of said territory,

25  but said hospital may extend the privileges and use of said

26  hospital for persons residing outside of said District, upon

27  such terms and conditions as the Hospital Board may from time

28  to time by its rules and regulations prescribe.  Every such

29  person or inhabitant who is not a pauper shall pay said

30  Hospital Board a reasonable compensation for occupancy,

31  nursing, care, medicine, and attendance according to the rules

                                  25

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  and regulations prescribed by said Hospital Board.  Each

 2  municipal corporation situated within the District shall be

 3  liable to said Hospital Board for occupancy, nursing, care,

 4  medicine, and attendance for prisoners in the custody of any

 5  such municipal corporation who are admitted to any hospital

 6  operated by said Hospital Board.  Said hospital always shall

 7  be subject to such rules as such Hospital Board may adopt from

 8  time to time in order for said hospital to render the greatest

 9  benefit to the greatest number, and said Hospital Board may

10  exclude from treatment and care any indigent or paying case

11  having a communicable or contagious disease when such disease

12  may be a detriment to the best interests of such hospital or a

13  source of contagion or infection to the patients in its care,

14  unless a separate building or ward has been established for

15  the special treatment and care of patients having communicable

16  or contagious diseases and it can properly and with safety to

17  the other patients retain such communicable cases in such

18  separate building or ward.

19         Section 11.  When such hospital or hospitals are

20  established, the physicians, nurses, attendants, the persons

21  sick therein, and all other persons approaching or coming

22  within the limits of same, and all furniture or other articles

23  used or brought there, shall be subject to such rules and

24  regulations as said Hospital Board may prescribe.

25         Section 12.  The Hospital Board shall organize a staff

26  of physicians and dentists, and the Hospital Board is

27  authorized to give, grant, or revoke staff membership and

28  privileges of the medical staff members for practice in the

29  hospital or hospitals maintained under this act so that the

30  welfare and health of patients and the best interests of the

31  hospital may, at all times, be best served.  Membership on the

                                  26

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  medical staff of the hospital or hospitals owned by the

 2  Hospital Board shall be restricted to persons with the

 3  following qualifications:

 4         (1)  Graduates of:

 5         (a)  Recognized medical schools approved and accredited

 6  by the American Medical Association;

 7         (b)  Recognized dental schools approved and accredited

 8  by the American Dental Association;

 9         (c)  An accredited college of osteopathy who have

10  successfully completed an internship or residency for at least

11  1 academic year of supervised clinical training in a hospital

12  affiliated with a medical school approved by the Council of

13  Medical Education of the American Medical Association, or who

14  have successfully completed any equivalent program established

15  by or relating to the American Osteopathic Association; or

16         (d)  A foreign medical school who meet the

17  qualifications for licensure prescribed by section 458.311 or

18  section 458.313, Florida Statutes; and

19         (2)  Who are legally licensed to practice medicine,

20  osteopathy, or dentistry in the State of Florida and who are

21  qualified for membership in the Sarasota County Medical

22  Society or the Sarasota County Dental Society, and who are

23  regularly practicing physicians or dentists in the territory

24  in which that hospital or hospitals are located, and who are

25  competent to perform the work required of physicians or

26  dentists with similar privileges on the hospital staff.

27  

28  The term "physician," as used herein, includes only physicians

29  licensed to practice medicine under the Florida Medical

30  Practice Act, chapter 458, Florida Statutes, and physicians

31  

                                  27

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  licensed to practice osteopathic medicine under chapter 459,

 2  Florida Statutes.

 3  

 4  Medical staff membership or professional privileges shall not

 5  be denied to any applicant solely because the applicant is

 6  licensed as a doctor of medicine under chapter 458, Florida

 7  Statutes, as a doctor of osteopathy under chapter 459, Florida

 8  Statutes, nor shall professional privileges be denied to an

 9  applicant solely because the applicant is licensed as a doctor

10  of podiatry under chapter 461, Florida Statutes.

11  

12  Any patient shall have the right to employ at his or her

13  expense his or her own physician or dentist, provided such

14  physician or dentist shall have been accorded privileges in

15  the hospital.  A physician or dentist, when employed by the

16  patient, shall have exclusive charge of the care and treatment

17  of such patient, subject always to such general rules and

18  regulations as shall be established by the Hospital Board

19  under the provisions of this act.  It shall be the duty of the

20  medical staff to organize in the manner prescribed by the said

21  Hospital Board.

22  

23  The Hospital Board is further authorized and empowered to set

24  up rules and regulations for the control of all professional

25  and nonprofessional employees of the hospital, which terms

26  shall include nurses on general duty or on private duty

27  attending patients, and all parties in the hospital, either as

28  employees or in any manner in attendance of patients.

29         Section 13.  The millage necessary for the maintenance

30  of said Hospital District shall not exceed a maximum of 2

31  mills per annum.  The millage necessary to pay the interest

                                  28

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  and provide a sinking fund on bonded indebtedness shall be

 2  levied separately from the millage necessary for maintenance

 3  of the hospital or hospitals to be constructed or purchased

 4  under the provisions of this act, and the Board of County

 5  Commissioners of Sarasota County shall make said levy pursuant

 6  to the provisions of section 14 of this act.

 7         Section 14.  (1)  The County Property Appraiser of

 8  Sarasota County, immediately after said Hospital Board shall

 9  have been appointed, shall report in writing to said Hospital

10  Board the assessed valuation on all taxable property within

11  the limits of said District as assessed valuation for taxation

12  by said Hospital Board, and said report shall be made by said

13  Property Appraiser each year thereafter immediately after the

14  tax assessment of said District for that year shall have been

15  reviewed and equalized by the Board of County Commissioners of

16  Sarasota County.  Said Hospital Board shall present each year,

17  determined by resolution, the total amount to be raised by

18  taxation upon said taxable property located within said

19  hospital district for such year.  The amount necessary to pay

20  the interest for sinking fund or bonded or other secured

21  indebtedness, and the amount necessary for the operation,

22  maintenance, repair, alteration, and addition, shall be stated

23  separately.  Said Hospital Board shall thereupon determine the

24  rate of taxation which, when levied upon the assessed

25  valuations of all taxable property within said District, will

26  raise the sums of money theretofore determined by resolutions,

27  as the total amount to be raised for such year by taxation,

28  and shall by resolution levy and fix the rate of taxation on

29  all property in said District, the rate to be levied for

30  operation, maintenance, repair, alteration, and addition to be

31  fixed separately, and the rate for such operation,

                                  29

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  maintenance, repair, alteration, and addition not to exceed 2

 2  mills per annum.

 3  

 4  A certified copy of said Tax Resolution, executed by the chair

 5  of said Hospital Board and attested by the secretary of said

 6  Hospital Board, under its corporate seal, shall be made and

 7  delivered to the Board of County Commissioners of Sarasota

 8  County on or before August 1 of each year, or within 15 days

 9  after receipt of the tax assessment roll from the County

10  Property Appraiser.  It shall be the mandatory duty of said

11  Board of County Commissioners of Sarasota County to order and

12  direct the County Property Appraiser of Sarasota County to

13  assess and levy, and to order and direct the County Tax

14  Collector of said county to collect, the tax at the rate fixed

15  and determined by said resolution of the said Hospital Board,

16  upon all taxable property located within said District, and

17  the said levies and assessments shall be included in the tax

18  roll and warrant of said Property Appraiser of said county for

19  each fiscal year thereafter.  The said Tax Collector shall

20  collect said taxes in the same manner and at the same time as

21  state and county taxes are collected and shall pay and remit

22  the same upon the collection thereof to the said Hospital

23  Board.

24         (2)  In the event the millage authorized herein be

25  reduced in the year of a revaluation as provided in section

26  193.03, Florida Statutes, 1965, then in each and every year

27  thereafter the millage to be levied may be increased (a) by

28  not more than 10 percent of what it was in the preceding year,

29  or (b) by no more than that which is required for a 10-percent

30  increase in the amount which was yielded by millage levied for

31  such Hospital District in the year immediately preceding such

                                  30

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  revaluation, whichever is greater, provided that nothing

 2  herein shall be construed to alter the 2-mill limitation

 3  imposed by section 13 hereof.

 4         Section 15.  The Hospital Board shall have power to

 5  determine whether or not persons presented to said public

 6  hospital for treatment are subject to charity and shall fix

 7  charges for occupancy, nursing, care, medicine, and

 8  attendance, other than medical or surgical attendance, for

 9  these persons able to pay for same, as the Hospital Board may

10  deem just and proper, and all receipts therefor shall be

11  deposited to the credit of the Hospital Board.

12         Section 16.  Any person or persons, firms,

13  organizations, corporations, or societies desiring to make

14  donations of money, personal property, or real estate for the

15  benefit of any hospital or hospitals erected under this act

16  shall have the right to vest title of the money, personal

17  property, or real estate so donated in said Hospital Board, to

18  be controlled when accepted by said Hospital Board, according

19  to the terms of the bequests, devises, or gifts pertaining to

20  such property.

21         Section 17.  The Hospital Board shall have the right to

22  operate or participate in a nonprofit hospital service plan

23  whereby hospital care may be furnished by the said corporation

24  or by any hospital or hospitals established by said Hospital

25  Board, and said Hospital Board may agree with the subscribers

26  to certain hospital care, and said Hospital Board and those

27  persons with whom it deals on the nonprofit hospital service

28  plan shall be exempt from provisions of the insurance laws of

29  the State of Florida pertaining to insurance which may in any

30  way conflict with the hospital service plan of said Hospital

31  Board.  When a contract for hospital service has been

                                  31

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  executed, the Hospital Board shall be required to render the

 2  service set forth in said contract and the other party to the

 3  contract shall be required to fully comply with his or her

 4  parts of said agreement.

 5         Section 18.  The purposes for which any hospital

 6  created under the provisions of this act shall be used are

 7  hereby declared to be for public purposes.

 8         Section 19.  When this act has been adopted by the

 9  Legislature and approved by the Governor, or passed without

10  the approval in accordance with the Constitution of the State

11  of Florida, it shall be the duty of the County Commissioners

12  of Sarasota County within 6 months from the date of the

13  passage of this act to call an election in the territory

14  affected by the terms of this act in Sarasota County of all

15  the qualified electors to determine whether or not the people

16  wish to accept the terms and conditions of this act.  Notice

17  of such election shall be given by publishing a notice of the

18  same in a newspaper of general circulation in Sarasota County

19  once a week for 4 consecutive weeks prior to said election,

20  and such notice shall set out the proposed act verbatim.  The

21  ballot submitted to the qualified electors participating in

22  said election shall state this proposed act verbatim and shall

23  provide a space and under this shall state "For the Sarasota

24  County Public Hospital Board Act" and a space for a cross;

25  following and below "Against the Sarasota County Public

26  Hospital Board Act" and a space for a cross.  If a majority of

27  those participating in said election shall approve the act,

28  then the provisions hereof shall be and become of full force

29  and effect at noon on the 3rd day after such election is held;

30  otherwise this act shall be null and void.  The electors

31  participating in said election shall vote in the precinct in

                                  32

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  which they reside according to the registration books of the

 2  Supervisor of Registration of Sarasota County.

 3         Section 20.  The term "mill," as used in subsection (8)

 4  of section 8 of this act and as used in sections 13 and 14 of

 5  chapter 26468 (1949), Laws of Florida, as amended, shall be

 6  deemed to mean 1/10th part of a cent, and that the application

 7  of the rate of 1 mill to each $1,000 of assessed valuation of

 8  property shall yield $1.

 9         Section 21.  The Hospital Board shall be empowered to

10  destroy any of its records together with any of the records of

11  the hospital or hospitals owned and operated by the Hospital

12  Board, provided that such records are photographed or

13  microfilmed prior to their destruction.

14         Section 22.  Sarasota County Public Hospital Board is

15  authorized to construct, maintain, operate, and lease parking

16  facilities for hospital agents, employees, patients, staff

17  members, patient guests, business invitees, and the visiting

18  public in conjunction with hospitals which are under the

19  jurisdiction of the Hospital Board upon real property which is

20  presently owned or which may be subsequently acquired by the

21  Hospital Board.  The Hospital Board may enter into lease or

22  franchise agreements with private persons or corporations as

23  tenants or operators of such facilities upon such terms and

24  for such periods of time as the Board may deem

25  appropriate.  The Hospital Board shall hold a public hearing,

26  after the publication of a notice of such meeting in a

27  newspaper of general circulation in Sarasota County at least

28  one time no less than 10 nor more than 25 days prior to such

29  hearing:  (1) to consider the establishment of rates or fees,

30  if any, which shall be charged to motorists who utilize any

31  such hospital parking facility and (2) to consider any

                                  33

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  subsequent revisions therein which increase the rates or fees

 2  which shall be charged to motorists who utilize the hospital

 3  parking facility.  The Hospital Board is authorized to pledge

 4  the income and revenues derived from such leases and franchise

 5  agreements as security for the repayment of loans extended to

 6  the Hospital Board as the Hospital Board may deem necessary or

 7  desirable from time to time.  All real property used for such

 8  hospital purposes, either by the Hospital Board or by its

 9  licensees and franchisees, shall be exempt from ad valorem

10  taxes of Sarasota County and of any municipality in which such

11  real estate may be located.

12         Section 23.  The Tax Collector of Sarasota County shall

13  issue a special beverage license authorizing the Hospital

14  Board to sell intoxicating beverages for medicinal purposes

15  only in quantities not in excess of 2 ounces per sale,

16  provided such sales are made only to inpatients of any

17  hospital operated by the Hospital Board and only upon the

18  prescription of a duly licensed physician.  The special

19  license shall authorize the Hospital Board to purchase

20  alcoholic beverages from any duly licensed manufacturer or

21  distributor of alcoholic beverages as defined in chapter 561,

22  Florida Statutes, and all such manufacturers and distributors

23  have authority to sell alcoholic beverages to the Hospital

24  Board for resale within the limitations of its special

25  license.  The Hospital shall be exempt from the payment of a

26  fee for the special license, which shall be renewed annually

27  by filing with the Tax Collector a resolution by the Hospital

28  Board requesting the renewal of the license.

29         Section 24.  Every individual, partnership, firm,

30  association, corporation, institution, governmental district,

31  or other governmental unit, and every combination of any of

                                  34

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  the foregoing, operating a hospital or hospitals in the County

 2  of Sarasota shall be entitled to and is hereby given a lien as

 3  herein provided for all reasonable charges for hospital care,

 4  treatment, and maintenance of ill or injured persons and the

 5  charges for test, laboratory work, X rays, drugs, and other

 6  items incident to such care and treatment supplied by or

 7  charged to the hospital for the benefit of such ill or injured

 8  persons, the total or unpaid part of which is hereafter called

 9  hospital bill, which lien shall be and is hereby declared upon

10  all causes of action, suits, claims, counterclaims, and

11  demands accruing to the person or persons to or for whom such

12  care, treatment, or maintenance is furnished, or accruing to

13  the legal representatives of such persons or to the person or

14  persons incurring or liable for the hospital bill, and such

15  lien is also hereby given upon the amounts due or payable

16  under hospitalization insurance, hospital or medical expenses

17  due and payable under public liability policies, or other

18  indemnity, and upon all judgments, settlements, and settlement

19  agreements and the sums payable thereunder rendered or entered

20  into by virtue thereof, on account of illness or injuries

21  giving rise to such causes of action, suits, claims,

22  counterclaims, demands, judgments, settlements, or settlement

23  agreements and which necessitated or shall have necessitated

24  or have directly contributed to the necessity for such

25  hospital care, treatment, and maintenance, and upon proceeds

26  of such insurance or indemnity agreements as above specified,

27  whether the illness or injury be the result of tort or

28  otherwise.  The term "hospital care," as used in this section,

29  shall be broadly construed to include all hospital and

30  nonhospital health care services and related activities which

31  are rendered through any hospital or other health care

                                  35

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  facility owned or operated by the Hospital Board or its

 2  subsidiaries or affiliates or nonaffiliated, not-for-profit

 3  corporations.

 4         (1)  In order to perfect such lien, an executive

 5  officer, controller, or agent of a hospital, before or within

 6  30 days after such person shall have been discharged from such

 7  hospital, shall file in the office of the Clerk of the Circuit

 8  Court of Sarasota County a verified claim in writing setting

 9  forth the following:  (a) the name and address of such

10  patient, as it shall appear on the records of such hospital,

11  and if the patient is a minor, it shall contain the name of

12  the parents or guardian of such minor patient, (b) the name

13  and location of such hospital, (c) the dates of admission to

14  and discharge of such patient therefrom, (d) the amount

15  claimed to be due for such hospital care, treatment, and

16  maintenance, and (e) to the best knowledge of the person

17  signing such claim, the names and addresses, if the same be

18  known, of all persons, firms, or corporations claimed by such

19  ill or injured person or his or her legal representative to be

20  liable on hospital or other indemnity insurance if known to

21  claimant; such claimant shall also, within 1 day after the

22  filing of such claim of lien, mail a copy thereof by

23  registered or certified mail with return receipt requested,

24  postage prepaid, to each person, firm, or corporation so

25  claimed to be liable on account of such illness or injuries at

26  the address so given in such statement filed by the hospital

27  claimant.  The filing of such claim shall constitute notice

28  thereof to all persons, firms, or corporations who may be

29  liable on account of such illness or injuries, whether or not

30  they are named in such claim, and whether or not a copy of

31  such claim shall have been received by them.  Such statement

                                  36

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  shall not constitute a lien upon anything other than causes of

 2  action, suits, claims, counterclaims, demands, and insurance

 3  and indemnity proceeds specified in this section, and this is

 4  not a general lien upon the property of the persons named in

 5  such statement.

 6         (2)  The clerk of the circuit court shall endorse on

 7  each such claim the date and hour of filing in the official

 8  records of Sarasota County or may provide a hospital lien book

 9  with proper index in which he or she shall record such claims,

10  and shall show therein the date and hour of such filing.  The

11  clerk shall be paid by the claimant, as his or her fee for

12  filing and recording of each claim, the same amount he or she

13  is authorized to charge for recording mortgages.

14         (3)  The clerk shall record any satisfaction which is

15  executed and acknowledged under oath by the lien claimant, or

16  its executive officer, comptroller, or agent, in the official

17  records of Sarasota County at the same filing fees which are

18  required by the clerk for recording satisfactions of

19  mortgages.  It shall be the duty of the hospital lien claimant

20  to furnish the patient with a properly executed satisfaction

21  upon payment or discharge of the lien.

22         (4)  No release or satisfaction of any action, suit,

23  claim, counterclaim, demand, judgment, settlement, or

24  settlement agreement shall be valid or effectual as against

25  such lien unless such lienholder shall join therein or execute

26  a release of such lien.

27         (5)  Any acceptance of a release or satisfaction of any

28  such cause of action, suit, claim, counterclaim, demand, or

29  judgment and any settlement of any of the foregoing in the

30  absence of a release or satisfaction of the lien referred to

31  in this act shall prima facie constitute an impairment of such

                                  37

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  lien, and the lienholder shall be entitled to an action at law

 2  for damages on account of such impairment, and in such action

 3  may recover from the one accepting such release or

 4  satisfaction or making such settlement the reasonable cost of

 5  such hospital care, treatment, and maintenance.  Satisfaction

 6  of any judgment rendered in favor of the lienholder in any

 7  such action shall operate as a satisfaction of the lien.  Any

 8  action by the lienholder shall be brought in the court having

 9  jurisdiction of the amount of the lienholder's claim.  If the

10  lienholder shall prevail in such action, the lienholder shall

11  be entitled to recover from the defendant all costs allowed by

12  law, together with reasonable attorney's fees to the

13  lienholder's attorney for handling the action.  If the

14  plaintiff or counterclaimant shall have employed an attorney

15  for the collection of the claims or damages, including the

16  hospital expenses, on account of or resulting from the illness

17  or injury of said plaintiff or counterclaimant or on account

18  of or resulting from the illness, injury, or death of a

19  deceased patient, the court costs shall first be paid and the

20  attorney representing such plaintiff or counterclaimant shall

21  receive his or her fees or compensation out of the judgment or

22  settlement proceeds and the hospital lien provided for in this

23  act shall next be fully paid to the hospital, and the balance

24  of the proceeds of any such settlement or judgment, if any,

25  shall then be paid to the plaintiff or counterclaimant.

26         (6)  Upon suit being filed by the patient or on the

27  patient's behalf, the owner or operator of the hospital, as

28  the case may be, may also file in the suit a notice of

29  nonpayment of hospital bill, which said notice shall be

30  recorded and the same shall constitute a lien upon any

31  judgment recovered or settlement made to the extent that the

                                  38

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  court may determine the hospital's pro rata share for unpaid

 2  hospital bill, based upon such equitable distribution of the

 3  amount recovered as the court may determine, less its pro rata

 4  share of all court costs expended by the plaintiff in the

 5  prosecution of the suit and less the reasonable attorney's

 6  fees for the plaintiff's attorney, such proration to be made

 7  by the judge of the trial court upon application therefor and

 8  notice to the adverse party.  Such notice shall be served upon

 9  all parties to the suit, and their attorneys of record, by

10  registered or certified mail.

11         (7)  If the hospital has given such written notice of

12  its lien and rights against an alleged tortfeasor, a party to

13  said suit, and thereafter settlement of any such claim or

14  action at law is made either before or after suit is filed and

15  the parties fail to agree on the proportion to be paid to

16  each, the court in which the action is pending shall determine

17  the amount to be paid to the hospital in accordance with the

18  provisions of this law.

19         (8)  The provisions of this act shall not be applicable

20  to accidents or injuries within the purview of the Workers'

21  Compensation Act of this state.

22         (9)  No hospital lien provided by this act shall

23  continue for a longer period than 5 years after the claim of

24  lien provided for under subsections (2) and (3) has been

25  filed, unless within that time an action has been commenced in

26  a court of competent jurisdiction by or on behalf of the

27  person to whom the hospital care, treatment, or maintenance

28  was rendered to collect on account or for the illness or

29  injuries necessitating such hospitalization; and in the event

30  that any such action has been commenced within such 5-year

31  period, then such hospital lien shall continue, unless

                                  39

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  otherwise satisfied, for the duration of any judgment entered

 2  in favor of the party claiming damages for the hospital care,

 3  treatment, or maintenance, and shall attach to any settlement

 4  proceeds made pendente lite and shall continue for 3 years

 5  after the date of any such settlement pendente lite.

 6         (10)  The acceptance of hospital care shall be deemed

 7  and construed as a determination that hospitalization

 8  insurance was taken out for the benefit of the hospital and as

 9  an equitable assignment of the proceeds to the

10  hospital.  Unless the policy or policies are endorsed or

11  assigned to the hospital, the hospital may write or stamp upon

12  every statement rendered that it claims a lien upon the

13  proceeds of all hospitalization insurance, and such legend

14  shall be notice to any corporation into whose possession the

15  statement comes that the hospital has a lien.  In this event,

16  payment to policyholder without settlement direct to the

17  hospital by the insurance company will make the insurance

18  company liable to the hospital for the amount of the bill or

19  so much thereof as the policy indemnifies.

20         Section 25.  Notwithstanding any other provisions of

21  law, all operations of the hospital established under the

22  provisions of chapter 26468 (1949), Laws of Florida, shall

23  remain under the direct control and administration of the

24  Hospital Board established by referendum pursuant to section

25  21 of said chapter. The Hospital Board shall not take any

26  action which would result in the termination of such direct

27  control and administration unless such action is approved by

28  the electors of Sarasota County at a referendum called for

29  that purpose; however, for purposes of this section, the term

30  "operations of the hospital" does not include:

31  

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1         (1)  The operation of nonhospital health care services

 2  or related activities, which services or activities may be

 3  controlled and administered by subsidiaries or affiliates of

 4  the Hospital Board or nonaffiliated, not-for-profit

 5  corporations operating primarily within the territory of the

 6  Hospital Board; or

 7         (2)  The operation and provision of hospital services

 8  through any form of shared service arrangement approved by

 9  resolution of the said Hospital Board adopted in public

10  session and wherein the Hospital Board shall be represented by

11  two or more Hospital Board members on the governing body of

12  such entity.

13         Section 26.  In order to secure and promote the

14  provision of quality medical services to the public, the

15  authority provided for herein is found by the Legislature to

16  be within the public policy of this state.  The Hospital Board

17  is authorized to exercise all the powers granted in this act,

18  and those granted in the Hospital Board's enabling

19  legislation, as amended, in such manner as it may determine to

20  be consistent with the purposes of such enabling legislation.

21         Section 4.  Chapter 26468 (1949), Laws of Florida,

22  which was approved by Sarasota County electors in referendum

23  held on January 10, 1950, is hereby repealed except that, in

24  order not to abrogate the ad valorem taxing power which vested

25  in the Sarasota County Public Hospital Board under such act

26  and referendum, the provisions of sections 14 and 15 of such

27  act, which granted taxing authority to the Hospital Board, are

28  not repealed and are preserved.  Chapters 27888 (1951), 31262

29  (1955), 57-1838, 59-1839, 61-2807, 61-2855, 61-2868, 63-1893,

30  63-1895, 63-1896, 63-1913, 65-2226, 65-2227, 65-2232, 67-2047,

31  69-1583, 69-1593, 71-907, 83-525, 84-530, 85-501, 86-373,

                                  41

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    Florida Senate - 2003        (NP)                      SB 2938
    23-1289-03                                         See HB 1113




 1  87-526, 88-534, 90-411, 90-422, 95-507, and 2000-400, Laws of

 2  Florida, are repealed.  Chapter 69-1583, Laws of Florida,

 3  which was approved by Sarasota County electors in referendum

 4  conducted pursuant to such act on November 4, 1969, is

 5  reenacted, except for requirements of referendum to approve

 6  the act, and all actions heretofore taken by the Sarasota

 7  County Public Hospital District and the Sarasota County Public

 8  Hospital Board pursuant to the authority and powers conferred

 9  by chapter 69-1583, Laws of Florida, are ratified and

10  confirmed.

11         Section 5.  This act shall take effect upon becoming a

12  law.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  42

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