HB 0581 2003
1	A bill to be entitled
2	An act relating to the Madison County Hospital District;
3	providing for codification of special laws regarding the
4	district; providing that the district is an independent
5	special district; providing legislative intent; codifying,
6	amending, and reenacting the district's special acts;
7	providing for applicability of ch. 189, F.S., and other
8	general laws; providing a district charter; providing that
9	this act shall take precedence over any conflicting law to
10	the extent of such conflict; providing for severability;
11	repealing all prior special acts related to the district;
12	providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Pursuant to section 189.429, Florida Statutes,
17	this act constitutes the codification of all special acts
18	relating to the Madison County Hospital District. It is the
19	intent of the Legislature to provide a single, comprehensive
20	special act charter for the district, including all current
21	legislative authority granted to the district by its several
22	legislative enactments, and to conform the district’s charter to
23	chapter 189, Florida Statutes, the Uniform Special District
24	Accountability Act of 1989, and other provisions of general law.
25	Section 2. Chapters 24673 (1947), 26688 (1951), 27689
26	(1951), 27690 (1951), 65-1867, 67-1658, 67-1659, 69-1273, 70-
27	790, 70-791, and 82-320, Laws of Florida, relating to the
28	Madison County Hospital District, are codified, reenacted,
29	amended, and repealed as herein provided.
30	Section 3. The charter for the Madison County Hospital
31	District is re-created and reenacted to read:
32	ARTICLE I
33	Preamble
34	The district is organized, established, and exists for all
35	purposes set forth in this act and chapter 189, Florida
36	Statutes, as they may be amended from time to time.
37	ARTICLE II
38	Nature of District
39	The district is an independent special district of the
40	state and Madison County pursuant to this act and chapter 189,
41	Florida statutes, as amended, and a public body both corporate
42	and politic. The district shall not be an agency for the
43	purposes of chapter 120, Florida Statutes, the Administrative
44	Procedure Act. The district shall enjoy all the protections of
45	sovereign immunity and section 768.28, Florida Statutes.
46	ARTICLE III
47	Name
48	The name of the district shall be the "Madison County
49	Health and Hospital District."
50	ARTICLE IV
51	Boundaries
52	The boundaries of the district shall be coterminous with
53	the boundaries of Madison County, as such county's boundaries
54	are set forth at section 7.40, Florida Statutes, as amended, as
55	according to s. 1, Art. VIII of the State Constitution.
56	ARTICLE V
57	Purpose
58	Section 1. The district is organized and exists for the
59	single and special purpose of providing within its boundaries
60	public health care services, with special power and authority,
61	including, but not limited to, so long as not inconsistent with
62	its purpose under this act, the provision of a public hospital
63	and other health care facilities, which may include, but not be
64	limited to, a geriatric center and a nursing home. The district
65	shall have the power and authority to institute, build, erect,
66	enlarge, operate, and maintain the systems, facilities, and
67	services needed for the above purpose, including especially
68	service to any medically underserved elderly or residents of
69	rural areas. The district shall additionally have the power to
70	provide the above services and facilities outside the boundaries
71	of the district when otherwise allowed by law and determined by
72	the board to be in the best interest of the district.
73	Section 2. The district exercises a proper public purpose,
74	an essential government function of the state and the county,
75	and shall have all power and authority necessary to carry out
76	the purpose of this act, including, without limitation, all
77	powers authorized by law to hospital districts, facilities, and
78	authorities, and shall have and operate under the powers of a
79	body corporate and politic, including such general and special
80	powers and duties as are provided herein and as may be otherwise
81	provided and amended from time to time by the Legislature.
82	ARTICLE VI
83	Governing Board
84	Section 1. The district shall be governed by a seven-
85	member board known as the Madison County Health and Hospital
86	Board.
87	Section 2. The members of the board shall be electors of
88	Madison County and shall serve without compensation, except for
89	the payment of expenses as otherwise provided by law.
90	Section 3. The board members shall be appointed by the
91	Governor to serve staggered terms of 4 years. Each member shall
92	serve until his or her successor is appointed. A member may be
93	removed from office as provided by law. Members appointed to
94	fulfill an unexpired term of a member upon the death,
95	disqualification, resignation, or inability of any member to
96	serve shall only serve the remainder of a term with a new
97	appointment made thereafter.
98	Section 4. Each board member shall give bond as a county
99	official, conditioned to discharge the duties of his or her
100	office faithfully and to account for all public moneys and
101	property coming into his or her possession. The district shall
102	pay the costs of such bond.
103	Section 5. The board shall elect one of its members as
104	chair, who shall preside at the meetings of the board and
105	exercise such additional powers of the board as delegated to the
106	chair by rule. The board shall also elect one of its members as
107	vice chair to serve as chair in the absence or inability to
108	serve of the chair and exercise such additional powers of the
109	board as delegated to the vice chair by rule. The chair and
110	vice chair shall serve at the pleasure of the board.
111	Section 6. The board shall hold regular meetings no less
112	often than monthly and special meetings as often as necessary.
113	The board shall keep minutes of its meetings. The board shall
114	make its meetings, minutes of meetings, and records open to the
115	public as required by general law.
116	Section 7. A majority of the board shall constitute a
117	quorum. A majority of the members present shall be necessary
118	for action by the board. For the enactment of district rules,
119	the board must follow the regular or emergency enactment
120	procedure for the adoption of county ordinances, pursuant to
121	general law, and for the enactment of resolutions, the board
122	must follow the enactment requirements for the adoption of
123	county resolutions, pursuant to general law. The board's rules
124	and resolutions do not have to be filed with the clerk of the
125	circuit court or the Secretary of State. The board and the
126	district shall be bound by the board's rules to the same extent
127	as a county is bound by its ordinances. The board and the
128	district shall be bound by the board's resolutions to the same
129	extent that a county is bound by its governing board's
130	resolutions.
131	ARTICLE VII
132	Powers and Duties
133	Section 1. In furtherance of the district's purpose under
134	this act and its purposes under chapter 189, Florida Statutes,
135	the board shall have all right, power, and authority, subject to
136	all applicable laws, rules, and regulations, to carry on the
137	governmental and proprietary business of the district. This
138	power includes the power:
139	(a) To organize itself into a working body, adopt
140	reasonable rules relating to parliamentary procedure, and adopt
141	and use a seal and authorize the use of a facsimile thereof.
142	(b) To institute, erect, build, extend, enlarge, equip,
143	operate, maintain, renovate, and reconstruct a public hospital.
144	(c) To institute, erect, build, extend, enlarge, equip,
145	operate, maintain, renovate, and reconstruct other health care
146	facilities, which may include, but not be limited to, a
147	geriatrics center and a nursing home, in conjunction with or
148	separate from the public hospital.
149	(d) To engage in any public health or public hospital
150	program with any public health or hospital agency created by law
151	relating to or being beneficial to the health and hospital
152	facilities and conditions of Madison County.
153	(e) To accept donations, gifts, contributions, and grants
154	from any source including state, federal, and local agencies and
155	any person, firm, or corporation.
156	(f) To spend all moneys received for district purposes.
157	(g) To employ, discharge, and compensate at its pleasure
158	personnel and adopt a personnel plan.
159	(h) To employ or enter into independent contractor
160	arrangements with, at the discretion of the board, professionals
161	and others and fix the compensation thereof.
162	(i) To enter into interlocal agreements under section
163	163.01, Florida Statutes, as amended.
164	(j) Specifically, to cooperate informally, or pursuant to
165	a formally negotiated and executed agreement, with the medical
166	college of the Florida State University or any other Florida
167	medical college as it relates to the provision of primary care
168	for any medically underserved rural or elderly segments of the
169	population who could benefit from any applicable system,
170	facility, service program, or center to be provided by the
171	district in carrying out its purpose, so long as pursuant to law
172	and subject to agreement from the medical college at the Florida
173	State University or any other Florida medical college, including
174	under the auspices of any applicable local, state, or federal
175	program or financing, including any applicable grants, loans, or
176	appropriations.
177	(k) To sue and be sued in the name of the district and to
178	make and execute contracts and other instruments necessary or
179	convenient to exercise its powers.
180	(l) To borrow money and to issue bonds, certificates,
181	warrants, notes, or other evidence of indebtedness subject to
182	use of an identified lawful source of revenue, now or later
183	provided, to amortize or pay back any loans, bond certificates,
184	warrants, notes, or other evidences of indebtedness. The
185	district may issue bonds in the same manner and with the same
186	powers and duties as health facilities authorities pursuant to
187	part III of chapter 154, Florida Statutes. All such bonds
188	issued by the district shall be governed by part III of chapter
189	154, Florida Statutes, in all respects.
190	(m) To apply for and use grants or loans of money or other
191	property from the United States, the state, a unit of general
192	purpose local government, or any person for any district
193	purpose; to enter into agreements required in connection
194	therewith; and to hold, use, and dispose of such moneys or
195	property for the district purpose in accordance with the terms
196	of the gift, grant, loan, or agreement relating thereto.
197	(n) To adopt rules, resolutions, and orders, which may be
198	necessary to fulfill the purposes of the district; to set the
199	powers, duties, and functions of the board and officers and
200	employees of the district; and to conduct of the business of the
201	district. In the absence of any rule or resolution to the
202	contrary, the board shall be presumed to have the power to act.
203	(o) To maintain executive management at such place or
204	places as the board may designate within the county.
205	(p) To hold, control, and acquire by donation, purchase,
206	or condemnation or dispose of any interest in real or personal
207	property.
208	(q) To lease, as lessor or lessee, real and personal
209	property to or from any person, firm, corporation, association,
210	or federal, state, or local government any property or facility.
211	(r) To raise by user charges or fees amounts of money
212	which are necessary for the conduct of the district activities
213	and services and to enforce their receipt and collection in a
214	manner prescribed by resolution not inconsistent with law.
215	However, nothing herein shall be construed to require the
216	district to charge a fee for all district activities and
217	services it provides.
218	(s) To exercise within or beyond the district the right
219	and power of eminent domain, including the power to take
220	possession and title in advance of the entry of final judgment,
221	pursuant to the provisions of chapters 73 and 74, Florida
222	Statutes, over any property, or interest therein, except for
223	municipal, county, state, and federal property. The board may,
224	by resolution, authorize the acquisition of any interest in real
225	or personal property for any district use or purpose designated
226	in such resolution.
227	(t) To supply services to the indigent without charge or
228	fee.
229	(u) To invest moneys received by the district as is
230	permitted by law or as provided in any resolution adopted by the
231	board.
232	(v) To procure necessary insurance or to self-insure.
233	(w) To establish such independent entities or affiliated
234	entities, whether in the form of a not-for-profit corporation or
235	other legal entity, for such purposes as the board considers
236	necessary or appropriate to carry out its projects or to
237	administer projects or funds.
238	(x) To provide or participate in health-care-related
239	education through formal or informal programs.
240	(y) To contract with a not-for-profit corporation, which
241	may be incorporated by the district or the board, for the
242	operation, management, and maintenance of the district's
243	facilities of whatsoever kind and nature through one or more
244	agreements, with the term thereof and conditions and covenants
245	contained therein made at the discretion of the board, except
246	that the contract must provide as follows:
247	(1) That the corporation's articles of incorporation and
248	bylaws are subject to the approval of the board.
249	(2) That the corporation shall become qualified under
250	section 501(c)(3) of the Internal Revenue Code of 1986, as
251	amended, or any other subsection of section 501(c) as approved
252	by the board, prior to the effective date of the contract.
253	(3) For the orderly transition of the district's
254	facilities' operation and maintenance to the corporation.
255	(4) For the orderly transfer of employees from board
256	employment to corporate employment.
257	(5) For the prompt return of the operation of the district
258	facilities from the corporation in the event of termination or
259	dissolution of the corporation.
260	(6) That the district is not responsible for the debts or
261	other obligations of the corporation.
262	(7) That the corporation and the district shall not
263	commingle any of their funds in any account maintained by either
264	of them, other than the payment of the rent and administrative
265	fees.
266	(8) That except as otherwise provided by law, the
267	corporation shall not, except as a member of the public,
268	participate in the decision making process of the district.
269	(z) Any such contracts with not-for-profit corporations
270	may provide, among other things, as follows:
271	(1) That the corporation is primarily acting as an
272	instrumentality or agency of the district and is thus entitled
273	to all the protections of sovereign immunity and section 768.28,
274	Florida Statutes.
275	(2) That the members of the board shall be the directors
276	of the corporation.
277	(aa) To exercise all of the powers necessary, convenient,
278	incidental, or proper in connection with any of the powers,
279	duties, or authority authorized by this act to implement its
280	purpose.
281	(bb) To exercise all the powers necessary, convenient,
282	incidental, or proper in connection with any of the general or
283	special powers, duties, and obligations, including any special
284	powers referenced in other articles in this act, in order to
285	implement the purpose of the district.
286	Section 2. The provisions of this law shall be construed
287	liberally in order to carry out its purpose effectively. Any of
288	the enumerated powers herein shall not be construed as a
289	limitation against any remaining powers but shall be construed
290	as cumulative.
291	ARTICLE VIII
292	Finance, Budget, and Tax
293	Section 1. The budgets, operating funds, and records of
294	the district shall be segregated and kept separate from the
295	budgets, operating funds, and records of the public hospital and
296	any nursing home or geriatrics center operated by the district.
297	Section 2. The board shall retain all the fees and charges
298	for services rendered by it as part of its operating funds, and
299	such fees and charges shall be anticipated from year to year in
300	making up its budget.
301	Section 3. The board shall prepare an itemized budget for
302	the ensuing fiscal year for the operation and cost of the
303	district's programs as provided by law.
304	Section 4. In order to fund the purpose of the district,
305	the Board of County Commissioners of Madison County shall pay
306	over to the board the first $12,500 that may be allocated to and
307	received by Madison County pursuant to chapter 550, Florida
308	Statutes, the Florida Pari-mutuel Wagering Act, and acts
309	supplementary and amendatory thereto.
310	Section 5. In order to fund the purpose of the district,
311	the Board of County Commissioners of Madison County and the
312	governing body of any municipality located wholly or partially
313	within the district may:
314	(a) Appropriate and pay over to the district funds from
315	its general fund or restricted funds which may be otherwise used
316	for such expenditure, with or without requiring that such funds
317	be repaid.
318	(b) Borrow money and issue bonds, certificates, warrants,
319	notes, or other evidence of indebtedness subject to use of an
320	identified lawful source of revenue, now or later provided, to
321	amortize or pay back any loans, bond certificates, warrants,
322	notes, or other evidences of indebtedness to provide funding to
323	the district.
324	(c) Apply for and use grants or loans of money or other
325	property from the United States, the state, a unit of general
326	purpose local government, or any person; enter into agreements
327	required in connection therewith; and hold, use, and dispose of
328	such moneys or property for the district purpose in accordance
329	with the terms of the gift, grant, loan, or agreement relating
330	thereto to provide funding to the district.
331	(d) Provide any personnel, service, equipment, facility,
332	or property, real or personal, to the district, with or without
333	charge to the district.
334	(e) Initiate any program of the board by appropriating
335	necessary funds for the board until the necessary funds for the
336	board shall be obtained.
337	Section 6. The accounts and records of the district shall
338	be audited as provided by law.
339	ARTICLE IX
340	Liens for Collection of Charges
341	Section 1. The district, as well as any not-for-profit
342	corporation contracting with the district for the operation,
343	management, and maintenance of the district's facilities, shall
344	be entitled to a lien for all reasonable charges incurred for
345	hospital care, treatment, and maintenance of ill or injured
346	persons upon any and all causes of action, suits, claims,
347	counterclaims, and demands accruing to such persons or the legal
348	representatives of such persons, and upon all judgments,
349	settlements, and settlement agreements rendered or entered into
350	by virtue thereof, on account of illness or injuries giving rise
351	to such causes of actions, suits, claims, counterclaims,
352	demands, judgments, settlements, or settlement agreements and
353	which necessitate or shall have necessitated such hospital care,
354	treatment, and maintenance.
355	Section 2. In order to perfect such a lien, the executive
356	office or agent of the hospital, before any such person shall
357	have been discharged from said hospital or within 45 days after
358	such discharge, shall file in the office of the Clerk of the
359	Circuit Court of Madison County a verified claim in writing
360	setting forth the name and address of such patient, as it shall
361	appear on the records of said hospital, the name and location of
362	said hospital, the name and address of the executive office or
363	agent of said hospital, the dates of admission to and discharge
364	of such patient therefrom, the amount claimed to be due for such
365	hospital care, treatment, and maintenance, and, to the best
366	knowledge of the person signing such claim, the names and
367	address of all persons, firms, or corporations who may be
368	claimed by such ill or injured person, or by the legal
369	representative of such person, to be liable on account of such
370	illness or injuries. At the same time that such claim is filed
371	with the clerk of the circuit court, a copy thereof shall be
372	sent by regular United States mail to the ill or injured person,
373	to his or her attorney, if known, and to all persons, firms, or
374	corporations named in such claim. The filing and mailing of
375	such claim in accordance with this section shall be notice
376	thereof to all persons, firms, or corporations who may be liable
377	on account of such illness or injuries, whether or not they are
378	named in such claim or lien, and whether or not a copy of such
379	claim shall have been received by them.
380	Section 3. The Clerk of the Circuit Court of Madison
381	County shall endorse on such claim the date and hour of filing
382	and shall record such claim in the official records of Madison
383	County. He or she shall be paid by the claimant as his or her
384	fee for such filing and recording of each claim the same fee as
385	provided for filing and recording other instruments under the
386	recording laws.
387	Section 4. No release or satisfaction of any action, suit,
388	claim, counterclaim, demand, judgment, settlement, or settlement
389	agreement shall be valid or effectual as against such lien
390	unless such lienholder shall join therein or execute a release
391	of such lien. Any acceptance of a release or satisfaction of
392	any such cause of action, suit, claim, counterclaim, demand, or
393	judgment and any settlement of any of the foregoing in the
394	absence of a release of satisfaction of the lien referred to in
395	this act shall prima facie constitute an impairment of such
396	lien, and the lienholder shall be entitled to an action at law
397	for damages on account of such impairment and in such action may
398	recover from the one accepting such release or satisfaction or
399	making such settlement the reasonable cost of such hospital
400	care, treatment, and maintenance. Satisfaction of any judgment
401	rendered in favor of the lienholder in any such action shall
402	operate as a satisfaction of the lien. Any action by the
403	lienholder may be brought and maintained in any court of
404	competent jurisdiction in or for Madison County. If the
405	lienholder shall prevail in such action, the lienholder shall be
406	entitled to recover from the defendant, in addition to costs
407	otherwise allowed by law, reasonable attorney's fees, suit
408	money, costs, and expenses incident to the matter.
409	Section 5. The provisions of this act shall not be
410	applicable to accidents or injuries within the purview of the
411	workers' compensation laws of this state.
412	ARTICLE X
413	Ownership of Property
414	Section 1. Ownership of all property, real or personal,
415	previously owned by the governmental entities created or
416	controlled by chapters 24673 (1947), 27689 (1951), 65-1867, 67-
417	1658, 67-1659, 69-1273, 70-790, 70-791, and 82-320, Laws of
418	Florida, shall hereby be vested in the district.
419	Section 2. The district is specifically declared to own
420	fee simple title to the following described real property in
421	Madison County: The West 1/2 of the Southeast 1/4 of Northwest
422	1/4, and the West 1/2 of East 1/2 of the Southeast 1/4 of
423	Northwest 1/4, all of Section 28, Township 1 North, Range 9
424	East; Lot 74 and the South 25 feet of Lot 73 of Block 11, of the
425	Town of Madison, Florida, (now City of Madison), Florida, and
426	also: a parcel or strip of land 10 feet X 1124.97 feet in size
427	located between north Duval Street and Lot 74 and the South 24
428	feet of Lot 73, running along and adjacent to the east border of
429	said lots, in Block 11 of the City of Madison, Madison County,
430	Florida, containing 1,249.70 square feet, more or less; All of
431	Block 12 of the Town of Madison (now City of Madison) Florida;
432	and Lots 77 and 78 of Block 11 of the Town of Madison (now City
433	of Madison) Florida
434	Section 3. This Article shall not be construed to affect
435	any rights of ownership of property, real or personal, held by
436	nongovernmental entities.
437	ARTICLE XI
438	Miscellaneous
439	Section 1. The provisions of this charter are declared
440	severable, and if any provision hereof be found invalid, such
441	invalidity shall not affect the remaining provisions, which
442	shall be deemed amended to the smallest degree necessary in
443	order to continue in full force and effect consistent with
444	legislative intent and the district's purposes under this act
445	and chapter 189, Florida Statutes.
446	Section 2. In the event of a conflict between the
447	provisions of this act and the provisions of any other act, the
448	provisions of this act shall control to the extent of such
449	conflict.
450	Section 4. Chapters 24673 (1947), 26688 (1951), 27689
451	(1951), 27690 (1951), 65-1867, 67-1658, 67-1659, 69-1273, 70-
452	790, 70-791, and 82-320, Laws of Florida, are repealed.
453	Section 5. This act shall take effect upon becoming a law.