HB 0427 2003
1	A bill to be entitled
2	An act relating to the Health Care District of Palm Beach
3	County; codifying, amending, and reenacting special acts
4	relating to the District; providing a popular name;
5	providing boundaries; providing for a governing board,
6	rules of the board, and membership; providing powers and
7	duties of the board; providing for an ad valorem tax;
8	providing for issuance of bonds; providing for an annual
9	report; repealing chapters 87-450, 92-340, 93-382, 96-509,
10	and 2000-489, Laws of Florida; providing an effective
11	date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.Pursuant to section 189.429, Florida Statutes,
16	this act constitutes the codification of all special acts
17	relating to the Health Care District of Palm Beach County. It is
18	the intent of the Legislature in enacting this law to provide a
19	single, comprehensive special act charter for the District,
20	including all current legislative authority granted to the
21	District by its several legislative enactments and any additional
22	authority granted by this act.
23	Section 2.Chapters 87-450, 92-340, 93-382, 96-509, and
24	2000-489, Laws of Florida, are codified, reenacted, amended, and
25	repealed as herein provided.
26	Section 3. The charter for the Palm Beach County Health Care
27	Act is re-created and reenacted to read:
28	Section 1. Popular Name.--This act shall be known and may
29	be referred to by the popular name the “Palm Beach County Health
30	Care Act.”
31	Section 2. Intent.--The Legislature recognizes that it is
32	in the public interest to provide a source of funding for
33	indigent and medically needy residents of Palm Beach County (the
34	“County”) and to maximize the health and well-being of Palm
35	Beach County residents by providing comprehensive planning,
36	funding, and coordination of health care service delivery.
37	Program elements should include, but not be limited to,
38	preventive health services, community nursing services,
39	ambulatory care, outpatient services, hospital services, trauma
40	health services, and rehabilitative services, as feasible. All
41	programs should be coordinated to maximize the delivery of
42	quality health care. The most effective and efficient method to
43	provide comprehensive health care services is through a
44	countywide health care district.
45	Section 3. Name and Boundaries.--The name of the
46	independent special district shall be the Health Care District
47	of Palm Beach County (the “District”). The District shall
48	embrace and include all of the property of Palm Beach County.
49	Section 4. District Board; Membership; Rules of
50	Procedures.—-
51	(1) The District shall be governed by a District Board
52	which shall be composed of seven members. The appointing
53	authority shall consider the diverse geographic areas of Palm
54	Beach County in selecting individuals to serve on the District
55	Board, and at least one member, but not more than two, shall
56	reside in the Glades area, that area of Palm Beach County lying
57	west of the line between Range 39 East and Range 40 East. The
58	membership of the District Board shall include three members
59	appointed by the Governor, three members appointed by the Board
60	of County Commissioners of Palm Beach County, and one member
61	from the Palm Beach County Health Department, as provided below:
62	(a) The Governor shall appoint three members to serve on
63	the District Board.
64	(b) The Board of County Commissioners of Palm Beach County
65	shall appoint three members to the District Board, other than
66	themselves, one of whom must be an elected official at the time
67	of the appointment.
68	(c) The District Board member from the Palm Beach County
69	Public Health Department shall be the director of the Palm Beach
70	County Public Health Department.
71	(2) Any vacancies on the District Board for whatever cause
72	shall be filled in the same manner as set forth in this act for
73	an initial appointment.
74	(3) District Board members shall receive no compensation
75	for their services; however, while acting for the District, they
76	shall receive their actual expenses, including subsistence,
77	lodging, travel, and other expenses in the amount actually
78	incurred, as approved by the District Board.
79	(4) Each member of the District Board shall serve for a
80	term of 4 years or until a successor is appointed.
81	(5) The term of office of a District Board member shall be
82	construed to commence on October 1 of the year of appointment
83	and to terminate September 30 of the year of the end of his or
84	her term.
85	(6) No member of the District Board may serve more than
86	two consecutive 4-year terms, with the exception of the director
87	of the Palm Beach County Public Health Department.
88	(7) The members of the District Board shall elect among
89	themselves a chair, vice chair, and secretary. The chair shall
90	preside at all meetings of the District Board, except that the
91	vice chair may preside in his or her absence. The chair, vice
92	chair, and secretary shall each have an official vote in all
93	matters considered by the District Board. The District Board is
94	authorized to adopt bylaws providing for the orderly governance
95	and operation of the District’s affairs.
96	(8) The District Board shall meet regularly as determined
97	by the bylaws of the District Board.
98	(9) Each District Board member shall give bond to the
99	Governor for the faithful performance of his or her duties in
100	the sum of $5,000 with a surety company qualified to do business
101	in the state, as surety, which bond shall be approved and kept
102	by the Clerk of the Circuit Court of Palm Beach County. The
103	premiums on said bonds shall be paid as part of the expenses of
104	the District Board.
105	(10) Four District Board members shall constitute a
106	quorum, and a vote of at least three District Board members
107	shall be necessary to complete the transaction of any business
108	of the District. The District Board members shall cause true
109	and accurate minutes and records to be kept of all business
110	transacted by them and shall keep full, true, and complete books
111	of accounts and minutes, which minutes, records, and books of
112	account shall at all reasonable times be open and subject to
113	public inspection, and any person desiring to do so may make or
114	procure a copy of said minutes, records, or books of account, or
115	such portion thereof as such person may desire, at a reasonable
116	cost determined by the District Board.
117	Section 5. Qualifications of District Board Members.--A
118	District Board member or the spouse of a District Board member
119	may not, at the time of appointment or for 1 year prior to
120	appointment or during the term of office of the District Board
121	member:
122	(1) Have any financial interest, other than ownership of
123	shares in a mutual fund, pension plan, or profit-sharing plan,
124	in any entity which, either directly or indirectly, receives
125	funds from the District.
126	(2) Be employed, retained by, or engaged in any activity
127	with any entity which, either directly or indirectly, receives
128	funds from the District, except for the director of the Palm
129	Beach County Public Health Department.
130	(3) Serve on the board of directors or board of trustees
131	of any entity which, either directly or indirectly, receives
132	funds from the District.
133	Section 6. District Board Powers.--The District Board is
134	vested with the authority and responsibility to provide for the
135	comprehensive planning and delivery of adequate health care
136	facilities, including, but not limited to, hospitals, and
137	services for the citizens of the County, particularly medically
138	needy citizens. For those purposes, the District Board shall
139	have and may utilize the following powers:
140	(1) To plan, set policy guidelines for, fund, establish,
141	construct, lease, operate, and maintain such health care
142	facilities as shall be necessary for the use of the people of
143	the County, including the continued presence of at least one
144	hospital in the Glades area, subject to and limited by the
145	future financial resources and constraints of the District;
146	however, hospitals may not be constructed by the District,
147	except that the District may construct a hospital in the Glades
148	area. Said health care facilities shall be established,
149	constructed, leased, owned, operated, and maintained for the
150	preservation of the public health, for the public good, and for
151	the use of the public of the County. The locations of such
152	health care facilities shall be determined by said District
153	Board.
154	(2) To provide services and facilities jointly with other
155	public or private health care providers, with appropriate
156	provision to reduce the costs of providing service for all users
157	thereof.
158	(3) To provide health care services to residents of the
159	County through the utilization of health care facilities not
160	owned and operated by the District. The provision of said care
161	is hereby found and declared to be a public purpose and
162	necessary for the preservation of the public health and welfare
163	of the residents of the County.
164	(4) To adopt an official seal and alter the same at
165	pleasure.
166	(5) To maintain an office at such place or places as it
167	may designate.
168	(6) To sue and be sued in its own name and to plead and be
169	impleaded, but with all sovereign immunity and limitations
170	provided by the State Constitution or general law.
171	(7) To acquire by purchase, lease, gift, or otherwise, or
172	to obtain options for the acquisition of, any property, real or
173	personal, improved or unimproved, as said District Board deems
174	proper to carry out the purposes of this act. However, the
175	District shall not have the power of eminent domain. To hold
176	and dispose of all assets or property, real or personal,
177	improved or unimproved, upon such terms and for such
178	consideration, or for no consideration, as the District Board
179	deems proper to carry out the purposes of this act.
180	(8) To plan and fund the construction, acquisition,
181	ownership, leasing, repair, maintenance, extension, expansion,
182	improvement, rehabilitation, renovation, furnishing, and
183	equipping of health care facilities and to pay all or any part
184	of the costs thereof from the proceeds of operating revenue,
185	bonds, lease-purchase financing, or other obligations of
186	indebtedness of the District or from any contribution, gift, or
187	donation or other funds of the District for such purpose.
188	(9) To make and execute agreements of lease, contracts,
189	deeds, mortgages, notes, and other instruments necessary or
190	convenient in the exercise of its powers and functions under
191	this act.
192	(10) To lease as lessor or lessee to or from any person,
193	firm, corporation, association, or body, public or private, any
194	facilities or property of any nature for the use of the District
195	to carry out any of the purposes authorized by this act.
196	(11) To pledge or assign any money, rents, charges, fees,
197	or other revenues and any proceeds derived from sales of
198	property, insurance, or condemnation awards.
199	(12) To borrow money and issue bonds, certificates,
200	warrants, notes, or other evidence of indebtedness as
201	hereinafter provided; to levy such tax as may be authorized; and
202	to charge, collect, and enforce fees and other user charges.
203	(13) To raise, by user charges or fees authorized by
204	resolution of the board, amounts of money which are necessary
205	for the conduct of the District’s activities and services and to
206	enforce their receipt and collection in the manner prescribed by
207	resolution not inconsistent with law.
208	(14) To employ administrators, physicians, attorneys,
209	accountants, financial experts, consulting engineers,
210	architects, surveyors, and such other employees and agents as
211	may be necessary in its judgment and to fix their compensation.
212	(15) To acquire existing health care facilities and to
213	reimburse any health care facility for the cost of such
214	facilities in accordance with an agreement between the District
215	and the health care facility.
216	(16) To acquire existing health care facilities and to
217	refund, refinance, or satisfy outstanding obligations,
218	mortgages, or advances issued, made, or given by said health
219	care facility.
220	(17) To mortgage any health care facility and the site
221	thereof.
222	(18) To cooperate with, or contract with, other
223	governmental agencies or private individuals or entities as may
224	be necessary, convenient, incidental, or proper in connection
225	with any of the powers, duties, or purposes authorized by this
226	act.
227	(19) To assess and impose upon lands in the District ad
228	valorem taxes as provided by this act.
229	(20) To annually determine and approve a district budget
230	and millage in accordance with chapter 200, Florida Statutes.
231	(21) To promulgate and adopt policies and rules for the
232	operation of the District.
233	(22) In its absolute discretion, to establish or become a
234	part of one or more qualified self-insurance trust funds for the
235	purpose of protecting District assets and operations, as well as
236	related health care entities and individuals comprising the
237	health care delivery system established at the direction or
238	under the authority of the District. The protection from
239	liability losses includes, without limitation, professional
240	medical malpractice, comprehensive general liability, directors
241	and officers' liability, workers' compensation liability,
242	medical and health services, life, property, and such other
243	liability exposures as may be permitted by Florida law. These
244	self-insurance trust funds may be established for the benefit of
245	the officers, directors, employees, and approved agents of the
246	District as well as such other legal entities or individuals as
247	the District may determine, by board resolution, are carrying
248	out the health care purposes and mandates of the District during
249	the period those entities or individuals are acting within the
250	scope of the authority and duties devolving upon them through an
251	agreement with or direct mandate from the District.
252	(23) To provide for reimbursement to hospitals,
253	physicians, or other health care providers or facilities.
254	(24) The District is hereby restricted from reimbursing
255	any health care providers or facilities, including hospitals and
256	physicians, for their bad debts arising from those patients who
257	are not eligible for reimbursement under district guidelines.
258	The District, however, shall continue to reimburse such health
259	care providers for the medical care of medically needy patients,
260	to the extent of the District's limited financial resources,
261	taking into account funds available from other sources,
262	including other governmental funding sources.
263	(25) To establish criteria for the provision of health
264	care pursuant to this act.
265	(26) To be exempt from the payment of any fees, taxes, or
266	increment revenue to community redevelopment agencies
267	established pursuant to part III of chapter 163, Florida
268	Statutes.
269	(27) Notwithstanding the prohibition against extra
270	compensation set forth in section 215.425, Florida Statutes, to
271	provide for an extra compensation program, including a lump-sum
272	bonus payment program, to reward outstanding employees whose
273	performances exceed standards, if the program provides that a
274	bonus payment may not be included in an employee’s regular base
275	rate of pay and may not be carried forward in subsequent years.
276	(28) To plan, set policy for, and fund from its revenue
277	sources the establishment and implementation of cooperative
278	agreements with other government authorities and public and
279	private entities within and outside of Palm Beach County which
280	promote the efficiencies of local and regional trauma agencies,
281	rural health networks, and cooperative health care delivery
282	systems, provided that any such agreements with entities outside
283	of Palm Beach County ensure that the costs associated with any
284	trauma services are the responsibility of such entity.
285	(29) To establish, and appoint members to, such boards,
286	committees, or advisory bodies as the District Board deems
287	appropriate.
288	(30) To plan, coordinate, supervise, manage, and take such
289	other action as appropriate to implement the school health
290	programs as established by the District.
291	(31) To do all things necessary to carry out the purposes
292	of this act.
293
294	All of the foregoing powers are hereby found and declared to be
295	a public purpose and necessary for the preservation of the
296	public health, for the public good, and for the welfare of the
297	residents of the District.
298	Section 7. Indemnification of Members of the Board,
299	Officers, Committee Members, Employees, and Others.--
300	(1) The District shall have power to indemnify any person
301	who was or is a party, or is threatened to be made a party, to
302	any threatened, pending, or completed action, suit, or
303	proceeding, whether civil, criminal, administrative, or
304	investigative (other than an action by, or in the right of, the
305	District) by reason of the fact that he or she is or was an
306	agent of the District, against expenses (including attorneys'
307	fees), judgments, fines, and amounts paid in settlement actually
308	and reasonably incurred by him or her in connection with such
309	action, suit, or proceeding, including any appeal thereof, if he
310	or she acted in good faith and in a manner he or she reasonably
311	believed to be in, or not opposed to, the best interests of the
312	District and, with respect to any criminal action or proceeding,
313	had no reasonable cause to believe this conduct was unlawful.
314	The District shall also have the power to indemnify any such
315	person against any loss of wages or earnings suffered during his
316	or her defense, provided that, in the opinion of the
317	commissioners of the District, those losses were directly
318	attributable to that defense. The termination of any action,
319	suit, or proceeding by judgment, order, settlement, or
320	conviction or upon a plea of nolo contendere or its equivalent
321	shall not, of itself, create a presumption that the person did
322	not act in good faith and in a manner which he or she reasonably
323	believed to be in, or not opposed to, the best interests of the
324	District or, with respect to any criminal action or proceeding,
325	had reasonable cause to believe that his or her conduct was
326	unlawful.
327	(2) No indemnification under this section shall be made in
328	respect of any claim, issue, or matter as to which such person
329	shall have been adjudged to be liable for negligence or
330	misconduct in the performance of his or her duty to the District
331	unless, and only to the extent that, the court in which such
332	action or suit was brought shall determine upon application
333	that, despite the adjudication of liability but in view of all
334	circumstances of the case, such person is fairly and reasonably
335	entitled to indemnification for such expenses, which such court
336	shall deem proper.
337	(3) If an individual has been determined by the District
338	to be an agent entitled to compensation under these indemnity
339	provisions and to the extent that such agent of the District has
340	been successful on the merits or otherwise in defense of any
341	action, suit, or proceeding referred to in the subsections above
342	or in defense of any claim, issue, or matter therein, he or she
343	shall be indemnified against expenses (including attorneys'
344	fees) actually and reasonably incurred by him or her in
345	connection therewith. Any such successful agent shall also be
346	indemnified against any loss of wages or personal service
347	earnings suffered during his or her defense, provided that, by
348	the vote of the District Board acting through a quorum
349	consisting of members who are not parties to such action, suit,
350	or proceeding, it is determined that those losses were directly
351	attributable to the time involved in that defense. If, however,
352	a quorum of disinterested members cannot be convened, the
353	decision shall be made by independent legal counsel, who may be
354	the legal counsel for the District.
355	(4) Unless otherwise determined by a court pursuant to
356	subsection (2), any indemnification under the above subsections
357	shall be made by the District only as authorized in the specific
358	case upon a determination of a quorum of District Board members
359	who are not parties to such action, suit, or proceeding, or, if
360	that is not possible, by independent legal counsel, who may be
361	the legal counsel of the District, that indemnification of the
362	agent of the District is proper in the circumstances because he
363	or she has met the applicable standard of conduct set forth in
364	the above subsections.
365	(5) Expenses including attorneys' fees and lost wages or
366	earnings incurred in defending a civil or criminal action, suit,
367	or proceeding may be paid by the District in advance of the
368	final disposition of such action, suit, or proceeding upon a
369	preliminary determination following one of the procedures set
370	forth in the above subsections that the agent of the District
371	met the applicable standard of conduct set forth in the above
372	subsections and upon receipt of an undertaking by or on behalf
373	of the agent of the District to repay such amount, unless it
374	shall ultimately be determined that he or she is entitled to be
375	indemnified by the District as authorized in this section.
376	(6) Indemnification as provided in this section shall
377	continue as to a person who has ceased to be an agent of the
378	District and shall inure to the benefit of the heirs, executors,
379	and administrators of such a person.
380	(7) As used in this section, the term "agent of the
381	District" means a District Board member, District officer,
382	committee member appointed by the District, or District employee
383	including persons employed by the District to provide executive,
384	physician, nursing, dental, paramedical, technical, business,
385	management, legal, and other supporting services for the
386	District, together with such other approved agents of the
387	District or subdistricts as well as such other legal entities or
388	individuals as the District may determine, by board resolution,
389	are carrying out the health care purposes and mandates of the
390	District during the period those entities or individuals are
391	acting within the scope of the authority and duties devolving
392	upon them through an agreement with or direct mandate from the
393	District or subdistricts, excluding medical malpractice claims
394	asserted individually against such persons, but including a
395	person serving at the direction of the District Board. All such
396	agents of the District, in order to be entitled to
397	indemnification for the liability arising out of the act in
398	question, shall have been acting within the scope of their
399	employment on District related business.
400	(8) The District shall have power to purchase and maintain
401	insurance on behalf of such agents of the District as the
402	District Board may, from time to time, deem appropriate, against
403	any liability asserted against the agent of the District and
404	incurred by the agent of the District in any such capacity or
405	arising out of his or her status as agent of the District,
406	whether or not the District would have the power to indemnify
407	him or her against such liability under the provisions of this
408	section. This subsection, however, is not intended to be a
409	waiver of sovereign immunity or a waiver of any other defense or
410	immunity to such lawsuits.
411	Section 8. Taxes.--
412	(1) Ad Valorem Taxes.--The District Board shall have the
413	power to levy and assess an ad valorem tax on all the taxable
414	property in the District for the purposes and needs of the
415	District incurred in exercising the powers and for the purposes
416	set forth herein, including, but not limited to, the power to
417	fund the construction, operation, and maintenance of assessable
418	improvements, to pay the principal of and interest on any bonds
419	of the District, and to provide for any sinking or other funds
420	established in connection with any such bonds. The ad valorem
421	tax levied by the District Board for District purposes shall not
422	exceed 2 mills. As an additional restriction on the levying of
423	taxes by the District Board, said District Board shall not levy
424	a tax that increases its annual millage levy more than one-
425	quarter of a mill from the amount levied by the District in the
426	previous year.
427	(2) Procedure.--The levy by said District Board of the
428	taxes authorized by any provision of this act shall be in
429	accordance with the procedure set forth in the State
430	Constitution and general law.
431	(3) Financial Statement.--At least once each year, the
432	District Board shall cause to be published once in a newspaper
433	of general circulation in the County a copy of the District’s
434	annual audited financial statement summary which shows a
435	complete summary of the financial condition of the District.
436	(4) Enforcement of Taxes.--The collection and enforcement
437	of all taxes levied by the District shall be at the same time
438	and in like manner as county taxes, and the provisions of the
439	Florida Statutes relating to liens for taxes and the enforcement
440	thereof; the sale of lands for unpaid and delinquent taxes; the
441	issuance, sale, and delivery of tax certificates for such unpaid
442	and delinquent county taxes; the redemption thereof; the
443	issuance to individuals of tax deeds based thereon; and all
444	other procedures in connection therewith shall be applicable to
445	the District to the same extent as if such statutory provisions
446	were expressly set forth herein. All taxes shall be subject to
447	the same discounts as county taxes.
448	(5) When Unpaid Tax is Delinquent; Penalty.--All taxes
449	provided for in this act shall become delinquent and bear
450	penalties on the amount of such taxes in the same manner as
451	county taxes.
452	(6) Tax Exemption.--All bonds issued hereunder and
453	interest paid thereon and all fees, charges, and other revenues
454	derived by the District from the services provided by this act
455	are exempt from all taxes by the state or by any political
456	subdivision, agency, or instrumentality thereof to the extent
457	allowed by general law.
458	Section 9. Short-term Borrowing; Bonds.--
459	(1) Issuance of Bond Anticipation Notes.--In addition to
460	the other powers provided for in this act, the District Board
461	shall have the power to borrow money in anticipation of the sale
462	of bonds and to issue bond anticipation notes in a principal sum
463	not in excess of the authorized maximum amount of such bond
464	issue. Such notes shall be in such denomination or
465	denominations, bear interest at such rate as the District Board
466	may determine in compliance with general law, mature at such
467	time or times not later than 5 years from the date of issuance,
468	and be in such form and executed in such manner as the District
469	Board shall prescribe. Such notes may be sold at either public
470	or private sale or, if such notes shall be renewal notes, may be
471	exchanged for notes then outstanding on such terms as the
472	District Board shall determine. Such notes shall be paid from
473	the proceeds of such bonds when issued. The District Board may,
474	in its discretion, in lieu of retiring the notes by means of
475	bonds, retire them by means of current revenues or from any
476	taxes or assessments levied for the payment of such bonds, but
477	in such event a like amount of the bonds authorized shall not be
478	issued.
479	(2) Short-term Borrowing.--The District at any time may
480	obtain loans, in such amount and on such terms and conditions as
481	the District Board may approve, for the purpose of paying any of
482	the expenses of the District or any costs incurred or that may
483	be incurred in connection with any of the projects of the
484	District, which loans shall bear such interest as the District
485	Board may determine in compliance with general law, and may be
486	payable from and secured by a pledge of such funds, revenues,
487	taxes, and assessments as the District Board may determine. The
488	District may issue negotiable notes, warrants, or other evidence
489	of debt to be payable at such times, to bear such interest as
490	the District Board may determine in compliance with general law,
491	and to be sold or discounted at such price or prices not less
492	than 95 percent of par value and on such terms as the District
493	Board may deem advisable. The District Board shall have the
494	right to provide for the payment thereof by pledging the whole
495	or any part of the funds, revenues, taxes, and assessments of
496	the District. The approval of the electors residing in the
497	County shall not be necessary except when required by the State
498	Constitution.
499	(3) Authorization and Forms of Bonds.--Any general
500	obligation bonds or revenue bonds may be authorized by
501	resolution or resolutions of the District Board which shall be
502	adopted by a majority of all the members thereof then in office.
503	Such resolution or resolutions may be adopted at the same
504	meeting at which they are introduced and need not be published
505	or posted. The District Board may, by resolution, authorize the
506	issuance of bonds and fix the aggregate amount of bonds to be
507	issued; the purpose or purposes for which the moneys derived
508	therefrom shall be expended; the rate or rates of interest, in
509	compliance with general law; the denomination of the bonds;
510	whether or not the bonds are to be issued in one or more series;
511	the date or dates of maturity, which shall not exceed 40 years
512	from their respective dates of issuance; the medium of payment;
513	the place or places within or without the state where payment
514	shall be made; registration privileges; redemption terms and
515	privileges, whether with or without premium; the manner of
516	execution; the form of the bonds; the manner of execution of
517	bonds; and any and all other terms, covenants, and conditions
518	thereof and the establishment of revenue or other funds. Such
519	authorizing resolution shall further provide that such bonds
520	shall be executed in accordance with chapter 279, Florida
521	Statutes, the Registered Public Obligations Act of Florida. The
522	seal of the District may be affixed, lithographed, engraved, or
523	otherwise reproduced in facsimile on such bonds. In case any
524	officer whose signature shall appear on any bonds or coupons
525	shall cease to be such officer before the delivery of such
526	bonds, such signature or facsimile shall nevertheless be valid
527	and sufficient for all purposes the same as if he or she had
528	remained in office until such delivery.
529	(4) Issuance of Additional Bonds.--The District Board may
530	authorize the issuance of additional bonds, upon such terms and
531	conditions as the District Board may provide in the resolution
532	authorizing the issuance thereof, but only in compliance with
533	the resolution or other proceedings authorizing the issuance of
534	the original bonds.
535	(5) Refunding Bonds.--The District shall have the power to
536	issue bonds to provide for the retirement or refunding of any
537	bonds or obligations of the District that at the time of such
538	issuance are or subsequently thereto become due and payable, or
539	that at the time of issuance have been called or are or will be
540	subject to call for redemption within 10 years thereafter, or
541	the surrender of which can be procured from the holders thereof
542	at prices satisfactory to the District Board. Refunding bonds
543	may be issued at any time when in the judgment of the District
544	Board such issuance will be advantageous to the District. No
545	approval of the qualified electors residing in the District
546	shall be required for the issuance of refunding bonds except in
547	cases in which such approval is required by the State
548	Constitution. The District Board may by resolution confer upon
549	the holders of such refunding bonds all rights, powers, and
550	remedies to which the holders would be entitled if they
551	continued to be the owners and had possession of the bonds for
552	the refinancing of which such refunding bonds are issued,
553	including, but not limited to, the preservation of the lien of
554	such bonds on the revenues of any project or on pledged funds,
555	without extinguishment, impairment, or diminution thereof. The
556	provisions of this act pertaining to bonds of the District
557	shall, unless the context otherwise requires, govern the
558	issuance of refunding bonds, the form and other details thereof,
559	the rights of the holders thereof, and the duties of the
560	District Board with respect thereto.
561	(6) Revenue Bonds.--
562	(a) The District shall have the power to issue revenue
563	bonds from time to time without limitation as to amount. Such
564	revenue bonds may be secured by, or payable from, the gross or
565	net pledge of the revenues to be derived from any health
566	facility or combination of facilities; from the rates, fees, or
567	other charges to be collected from the users of any health
568	facility or facilities; from any revenue-producing undertaking
569	or activity of the District; or from any other sources or
570	pledged security. Such bonds shall not constitute an
571	indebtedness of the District, and the approval of the qualified
572	electors shall not be required unless such approval is required
573	by the State Constitution.
574	(b) Any two or more hospitals or health facilities may be
575	combined and consolidated into a single hospital or facility and
576	may hereafter be operated and maintained as a single hospital or
577	facility. The revenue bonds authorized herein may be issued to
578	finance any one or more of such hospitals or facilities,
579	regardless of whether or not such hospitals or facilities have
580	been combined and consolidated into a single hospital or
581	facility. If the District Board deems it advisable, the
582	proceedings authorizing such revenue bonds may provide that the
583	District may thereafter combine the projects then being financed
584	or theretofore financed with other projects to be subsequently
585	financed by the District and that revenue bonds to be thereafter
586	issued by the District shall be on parity with the revenue bonds
587	then being issued, all on such terms, conditions, and
588	limitations as shall have been provided in the proceeding which
589	authorized the original bonds.
590	(7) General Obligation Bonds.--
591	(a) The District shall have the power from time to time to
592	issue general obligation bonds to finance or refinance capital
593	projects or to refund outstanding bonds. Except for refunding
594	bonds, no general obligation bonds shall be issued unless the
595	bonds are issued to finance or refinance a capital project and
596	the issuance has been approved at an election held in accordance
597	with the requirements for such election as prescribed by the
598	State Constitution. Such elections shall be called by the
599	District Board. The expenses of calling and holding an election
600	shall be at the expense of the District, and the District shall
601	reimburse the County for any expenses incurred in calling or
602	holding such election.
603	(b) The District may pledge its full faith and credit for
604	the payment of the principal and interest on such general
605	obligation bonds and for any reserve funds provided therefor and
606	may unconditionally and irrevocably pledge itself to levy ad
607	valorem taxes on all taxable property in the District, to the
608	extent necessary for the payment thereof, without limitations as
609	to rate or amount.
610	(c) If the District Board determines to issue general
611	obligation bonds for more than one capital project, the approval
612	of the issuance of the bonds for each and all such projects may
613	be submitted to the electors on one and the same ballot. The
614	failure of the electors to approve the issuance of bonds for any
615	one or more capital projects shall not defeat the approval of
616	bonds for any capital project which has been approved by the
617	electors.
618	(8) Limitation on Issuance of Bonds.--
619	(a) Ad valorem funding shall not be used to support the
620	issuance of bonds, unless the bond issue has been approved by
621	referendum.
622	(b) Annual debt service (annual retirement of long-term
623	debt plus all interest) as a percentage of total revenue from
624	millage must be less than 10 percent of all District revenue.
625	(9) Additional Authority.--The District shall have the
626	authority to determine whether to issue taxable or tax-exempt
627	bonds under this section and whether the bonds are to bear
628	interest at a fixed rate or a variable rate or rates, and the
629	District shall have the authority to determine the security for
630	the bonds, including any credit enhancements.
631	Section 10. Lien on Behalf of the Health Care District of
632	Palm Beach County when Other Parties are Liable.--
633	(1) The District shall be entitled to a lien, as
634	determined by this section, for payments made by the District
635	for health care services provided to ill or injured persons,
636	upon any proceeds of judgments, settlements, or settlement
637	agreements concerning the liability of tortfeasors or other
638	third parties causing or contributing to said illness or
639	injuries thus necessitating such health care services. For
640	purposes of this section, any such ill or injured persons or
641	their legal representatives may be referred to as "claimant."
642	(2) Upon suit being filed by the claimant against any
643	tortfeasor or other third party, the claimant shall send the
644	District, if the District made any payments on the claimant's
645	behalf, a copy of the complaint by certified or registered mail
646	as notification of such suit. Within 60 days after receipt of
647	the claimant's notification, the District may file in the suit a
648	Notice of Payments Made for Health Care Services. Such notice
649	must specify the amount the District paid, and it shall
650	constitute a lien upon any recovery to the extent allowed by
651	this section. If suit has not been filed, the claimant shall
652	send the district notification by certified or registered mail
653	of the claimant's intent to claim damages from the tortfeasor or
654	other third party. Within 60 days after receipt of the
655	claimant's notification, the District may send to the claimant
656	by certified or registered mail a Notice of Payments Made for
657	Health Care Services. Such notice must specify the amount the
658	District paid, and it shall constitute a lien upon any recovery
659	to the extent allowed by this section. If the District made any
660	payments on the claimant's behalf and becomes aware of a suit or
661	claim for damages prior to being notified by the claimant in
662	accordance with this subsection, it may file or send its Notice
663	of Payments Made for Health Care Services at that time. Such
664	notice must specify the amount paid by the District, and it
665	shall constitute a lien upon any recovery to the extent allowed
666	by this section. The notice of payments made may be amended by
667	the District to reflect amounts paid by the District subsequent
668	to the filing of said notice.
669	(3) The amount of the lien created by this section shall
670	be the entire amount paid by the District pursuant to the Notice
671	of Payments Made for Health Care Services, as amended, less the
672	District's pro rata share of reasonable attorney's fees, costs,
673	and expenses of litigation for the claimant's attorney; however,
674	the amount of the lien created by this section shall in no event
675	be greater than two-thirds of the amount remaining from the
676	proceeds of judgment, settlement, or settlement agreement after
677	the deduction of attorney's fees and other reasonable costs and
678	expenses of litigation.
679	(4) No release or satisfaction of any judgment,
680	settlement, or settlement agreement shall be valid against such
681	lien unless the District joins therein or executes a release of
682	such lien.
683	(5) The District, when claiming a lien under this section,
684	shall cooperate with the claimant by producing such information
685	as is reasonably necessary to prove the amount paid by the
686	District for health care services provided.
687	(6) The lien created by this act shall not preempt the
688	lien rights of any hospital in Palm Beach County created by
689	ordinance, special act, or general law. This act shall not
690	affect any subrogation rights of the District.
691	Section 11. Reorganized District-owned Hospitals.--The
692	District has the authority to reorganize any hospital it owns in
693	accordance with state law.
694	Section 12. Glades Rural Area Support Board. --The
695	District Board, in the exercise of its powers relative to the
696	planning and delivery of adequate health care facilities and
697	services for the citizens of Palm Beach County, particularly
698	medically needy citizens, and as otherwise stated in section 6,
699	may establish a Glades Rural Area Support Board (“Glades Support
700	Board”) and may delegate certain authority to the Glades Support
701	Board for the planning of support for the provision of health
702	care in the Glades area, that area of Palm Beach County lying
703	West of the line between Range 39 East and Range 40 East, all
704	subject to the policies and procedures established by the
705	District Board. Among the powers that the District Board may
706	delegate to the Glades Support Board is some or all of the
707	District Board’s authority to provide for tax support and
708	reimbursement to hospitals, physicians, and/or such other health
709	care providers or facilities for the medical care of medically
710	needy patients. If so requested by the District Board, the
711	Glades Support Board shall recommend to the District Board
712	amounts of reimbursement appropriate for hospitals, physicians,
713	and such other health care providers or facilities which provide
714	health care to eligible medically needy patients in the Glades
715	area. The District Board may amend, rescind, modify, or suspend
716	any or all of the delegated powers of the Glades Support Board
717	at any time or from time to time, in the discretion of the
718	District Board.
719	Section 13. Report to the County Commissioners and
720	Legislative Delegation.--The District Board shall annually
721	submit a report, including its budget, to the Palm Beach County
722	Commissioners and to the Palm Beach County Legislative
723	Delegation.
724	Section 14. No Effect.—-If any provision of this act or
725	the application thereof to any person or circumstance is held
726	invalid or unconstitutional by any court of competent
727	jurisdiction, the invalidity or unconstitutionality shall not
728	affect other provisions or applications of the act which can be
729	given effect without the invalid provision or application, and
730	to this end the provisions of this act are declared severable.
731	Section 15. Conflict.--In the event of a conflict
732	between the provisions of this act and the provisions of any
733	other act, the provisions of this act shall control to the
734	extent of such conflict.
735	Section 16. Remedial Act.—-This act shall be construed
736	as a remedial act and shall be liberally construed to promote
737	the purpose for which it is intended.
738	Section 4.Chapters 87-450, 92-340, 93-382, 96-509, and
739	2000-489, Laws of Florida, are repealed.
740	Section 5. This act shall take effect upon becoming a law.
741