HB 0581 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to the Madison County Hospital District;
13	providing for codification of special laws regarding the
14	district; providing that the district is an independent
15	special district; providing legislative intent; codifying,
16	amending, and reenacting the district's special acts;
17	providing for applicability of ch. 189, F.S., and other
18	general laws; providing a district charter; providing for
19	severability; repealing all prior special acts related to
20	the district; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1. Pursuant to section 189.429, Florida Statutes,
25	this act constitutes the codification of all special acts
26	relating to the Madison County Hospital District. It is the
27	intent of the Legislature to provide a single, comprehensive
28	special act charter for the district, including all current
29	legislative authority granted to the district by its several
30	legislative enactments, and to conform the district’s charter to
31	chapter 189, Florida Statutes, the Uniform Special District
32	Accountability Act of 1989, and other provisions of general law.
33	Section 2. Chapters 24673 (1947), 26688 (1951), 27689
34	(1951), 27690 (1951), 65-1867, 67-1658, 67-1659, 69-1273, 70-
35	790, 70-791, and 82-320, Laws of Florida, relating to the
36	Madison County Hospital District, are codified, reenacted,
37	amended, and repealed as herein provided.
38	Section 3. The charter for the Madison County Hospital
39	District is re-created and reenacted to read:
40	ARTICLE I
41	Preamble
42	The district is organized, established, and exists for all
43	purposes set forth in this act and chapter 189, Florida
44	Statutes, as they may be amended from time to time.
45	ARTICLE II
46	Nature of District
47	The district is an independent special district of the
48	state and Madison County pursuant to this act and chapter 189,
49	Florida statutes, as amended, and a public body both corporate
50	and politic. The district shall not be an agency for the
51	purposes of chapter 120, Florida Statutes, the Administrative
52	Procedure Act. The district shall enjoy all the protections of
53	sovereign immunity and section 768.28, Florida Statutes.
54	ARTICLE III
55	Name
56	The name of the district shall be the "Madison County
57	Health and Hospital District."
58	ARTICLE IV
59	Boundaries
60	The boundaries of the district shall be coterminous with
61	the boundaries of Madison County, as such county's boundaries
62	are set forth at section 7.40, Florida Statutes, as amended, as
63	according to s. 1, Art. VIII of the State Constitution.
64	ARTICLE V
65	Purpose
66	Section 1. The district is organized and exists for the
67	single and special purpose of providing within its boundaries
68	public health care services, with special power and authority,
69	including, but not limited to, so long as not inconsistent with
70	its purpose under this act, the provision of a public hospital
71	and other health care facilities, which may include, but not be
72	limited to, a geriatric center and a nursing home. The district
73	shall have the power and authority to institute, build, erect,
74	enlarge, operate, and maintain the systems, facilities, and
75	services needed for the above purpose, including especially
76	service to any medically underserved elderly or residents of
77	rural areas. The district shall additionally have the power to
78	provide the above services and facilities outside the boundaries
79	of the district when otherwise allowed by law and determined by
80	the board to be in the best interest of the district.
81	Section 2. The district exercises a proper public purpose,
82	an essential government function of the state and the county,
83	and shall have all power and authority necessary to carry out
84	the purpose of this act, including, without limitation, all
85	powers authorized by law to hospital districts, facilities, and
86	authorities, and shall have and operate under the powers of a
87	body corporate and politic, including such general and special
88	powers and duties as are provided herein and as may be otherwise
89	provided and amended from time to time by the Legislature.
90	ARTICLE VI
91	Governing Board
92	Section 1. The district shall be governed by a seven-
93	member board known as the Madison County Health and Hospital
94	Board.
95	Section 2. The members of the board shall be electors of
96	Madison County and shall serve without compensation, except for
97	the payment of expenses as otherwise provided by law.
98	Section 3. The board members shall be appointed by the
99	Governor to serve staggered terms of 4 years. Each member shall
100	serve until his or her successor is appointed. A member may be
101	removed from office as provided by law. Members appointed to
102	fulfill an unexpired term of a member upon the death,
103	disqualification, resignation, or inability of any member to
104	serve shall only serve the remainder of a term with a new
105	appointment made thereafter.
106	Section 4. Each board member shall give bond as a county
107	official, conditioned to discharge the duties of his or her
108	office faithfully and to account for all public moneys and
109	property coming into his or her possession. The district shall
110	pay the costs of such bond.
111	Section 5. The board shall elect one of its members as
112	chair, who shall preside at the meetings of the board and
113	exercise such additional powers of the board as delegated to the
114	chair by rule. The board shall also elect one of its members as
115	vice chair to serve as chair in the absence or inability to
116	serve of the chair and exercise such additional powers of the
117	board as delegated to the vice chair by rule. The chair and
118	vice chair shall serve at the pleasure of the board.
119	Section 6. The board shall hold regular meetings no less
120	often than monthly and special meetings as often as necessary.
121	The board shall keep minutes of its meetings. The board shall
122	make its meetings, minutes of meetings, and records open to the
123	public as required by general law.
124	Section 7. A majority of the board shall constitute a
125	quorum. A majority of the members present shall be necessary
126	for action by the board. For the enactment of district rules,
127	the board must follow the regular or emergency enactment
128	procedure for the adoption of county ordinances, pursuant to
129	general law, and for the enactment of resolutions, the board
130	must follow the enactment requirements for the adoption of
131	county resolutions, pursuant to general law. The board's rules
132	and resolutions do not have to be filed with the clerk of the
133	circuit court or the Secretary of State. The board and the
134	district shall be bound by the board's rules to the same extent
135	as a county is bound by its ordinances. The board and the
136	district shall be bound by the board's resolutions to the same
137	extent that a county is bound by its governing board's
138	resolutions.
139	ARTICLE VII
140	Powers and Duties
141	Section 1. In furtherance of the district's purpose under
142	this act and its purposes under chapter 189, Florida Statutes,
143	the board shall have all right, power, and authority, subject to
144	all applicable laws, rules, and regulations, to carry on the
145	governmental and proprietary business of the district. This
146	power includes the power:
147	(a) To organize itself into a working body, adopt
148	reasonable rules relating to parliamentary procedure, and adopt
149	and use a seal and authorize the use of a facsimile thereof.
150	(b) To institute, erect, build, extend, enlarge, equip,
151	operate, maintain, renovate, and reconstruct a public hospital.
152	(c) To institute, erect, build, extend, enlarge, equip,
153	operate, maintain, renovate, and reconstruct other health care
154	facilities, which may include, but not be limited to, a
155	geriatrics center and a nursing home, in conjunction with or
156	separate from the public hospital.
157	(d) To engage in any public health or public hospital
158	program with any public health or hospital agency created by law
159	relating to or being beneficial to the health and hospital
160	facilities and conditions of Madison County.
161	(e) To accept donations, gifts, contributions, and grants
162	from any source including state, federal, and local agencies and
163	any person, firm, or corporation.
164	(f) To spend all moneys received for district purposes.
165	(g) To employ, discharge, and compensate at its pleasure
166	personnel and adopt a personnel plan.
167	(h) To employ or enter into independent contractor
168	arrangements with, at the discretion of the board, professionals
169	and others and fix the compensation thereof.
170	(i) To enter into interlocal agreements under section
171	163.01, Florida Statutes, as amended.
172	(j) Specifically, to cooperate informally, or pursuant to
173	a formally negotiated and executed agreement, with the medical
174	college of the Florida State University or any other Florida
175	medical college as it relates to the provision of primary care
176	for any medically underserved rural or elderly segments of the
177	population who could benefit from any applicable system,
178	facility, service program, or center to be provided by the
179	district in carrying out its purpose, so long as pursuant to law
180	and subject to agreement from the medical college at the Florida
181	State University or any other Florida medical college, including
182	under the auspices of any applicable local, state, or federal
183	program or financing, including any applicable grants, loans, or
184	appropriations.
185	(k) To sue and be sued in the name of the district and to
186	make and execute contracts and other instruments necessary or
187	convenient to exercise its powers.
188	(l) To borrow money and to issue bonds, certificates,
189	warrants, notes, or other evidence of indebtedness subject to
190	use of an identified lawful source of revenue, now or later
191	provided, to amortize or pay back any loans, bond certificates,
192	warrants, notes, or other evidences of indebtedness. The
193	district may issue bonds in the same manner and with the same
194	powers and duties as health facilities authorities pursuant to
195	part III of chapter 154, Florida Statutes. All such bonds
196	issued by the district shall be governed by part III of chapter
197	154, Florida Statutes, in all respects.
198	(m) To apply for and use grants or loans of money or other
199	property from the United States, the state, a unit of general
200	purpose local government, or any person for any district
201	purpose; to enter into agreements required in connection
202	therewith; and to hold, use, and dispose of such moneys or
203	property for the district purpose in accordance with the terms
204	of the gift, grant, loan, or agreement relating thereto.
205	(n) To adopt rules, resolutions, and orders, which may be
206	necessary to fulfill the purposes of the district; to set the
207	powers, duties, and functions of the board and officers and
208	employees of the district; and to conduct of the business of the
209	district. In the absence of any rule or resolution to the
210	contrary, the board shall be presumed to have the power to act.
211	(o) To maintain executive management at such place or
212	places as the board may designate within the county.
213	(p) To hold, control, and acquire by donation, purchase,
214	or condemnation or dispose of any interest in real or personal
215	property.
216	(q) To lease, as lessor or lessee, real and personal
217	property to or from any person, firm, corporation, association,
218	or federal, state, or local government any property or facility.
219	(r) To raise by user charges or fees amounts of money
220	which are necessary for the conduct of the district activities
221	and services and to enforce their receipt and collection in a
222	manner prescribed by resolution not inconsistent with law.
223	However, nothing herein shall be construed to require the
224	district to charge a fee for all district activities and
225	services it provides.
226	(s) To exercise within or beyond the district the right
227	and power of eminent domain, including the power to take
228	possession and title in advance of the entry of final judgment,
229	pursuant to the provisions of chapters 73 and 74, Florida
230	Statutes, over any property, or interest therein, except for
231	municipal, county, state, and federal property. The board may,
232	by resolution, authorize the acquisition of any interest in real
233	or personal property for any district use or purpose designated
234	in such resolution.
235	(t) To supply services to the indigent without charge or
236	fee.
237	(u) To invest moneys received by the district as is
238	permitted by law or as provided in any resolution adopted by the
239	board.
240	(v) To procure necessary insurance or to self-insure.
241	(w) To establish such independent entities or affiliated
242	entities, whether in the form of a not-for-profit corporation or
243	other legal entity, for such purposes as the board considers
244	necessary or appropriate to carry out its projects or to
245	administer projects or funds.
246	(x) To provide or participate in health-care-related
247	education through formal or informal programs.
248	(y) To contract with a not-for-profit corporation, which
249	may be incorporated by the district or the board, for the
250	operation, management, and maintenance of the district's
251	facilities of whatsoever kind and nature through one or more
252	agreements, with the term thereof and conditions and covenants
253	contained therein made at the discretion of the board, except
254	that the contract must provide as follows:
255	(1) That the corporation's articles of incorporation and
256	bylaws are subject to the approval of the board.
257	(2) That the corporation shall become qualified under
258	section 501(c)(3) of the Internal Revenue Code of 1986, as
259	amended, or any other subsection of section 501(c) as approved
260	by the board, prior to the effective date of the contract.
261	(3) For the orderly transition of the district's
262	facilities' operation and maintenance to the corporation.
263	(4) For the orderly transfer of employees from board
264	employment to corporate employment.
265	(5) For the prompt return of the operation of the district
266	facilities from the corporation in the event of termination or
267	dissolution of the corporation.
268	(6) That the district is not responsible for the debts or
269	other obligations of the corporation.
270	(7) That the corporation and the district shall not
271	commingle any of their funds in any account maintained by either
272	of them, other than the payment of the rent and administrative
273	fees.
274	(8) That except as otherwise provided by law, the
275	corporation shall not, except as a member of the public,
276	participate in the decision making process of the district.
277	(z) Any such contracts with not-for-profit corporations
278	may provide, among other things, as follows:
279	(1) That the corporation is primarily acting as an
280	instrumentality or agency of the district and is thus entitled
281	to all the protections of sovereign immunity and section 768.28,
282	Florida Statutes.
283	(2) That the members of the board shall be the directors
284	of the corporation.
285	(aa) To exercise all of the powers necessary, convenient,
286	incidental, or proper in connection with any of the powers,
287	duties, or authority authorized by this act to implement its
288	purpose.
289	(bb) To exercise all the powers necessary, convenient,
290	incidental, or proper in connection with any of the general or
291	special powers, duties, and obligations, including any special
292	powers referenced in other articles in this act, in order to
293	implement the purpose of the district.
294	Section 2. The provisions of this law shall be construed
295	liberally in order to carry out its purpose effectively. Any of
296	the enumerated powers herein shall not be construed as a
297	limitation against any remaining powers but shall be construed
298	as cumulative.
299	ARTICLE VIII
300	Finance, Budget, and Tax
301	Section 1. The budgets, operating funds, and records of
302	the district shall be segregated and kept separate from the
303	budgets, operating funds, and records of the public hospital and
304	any nursing home or geriatrics center operated by the district.
305	Section 2. The board shall retain all the fees and charges
306	for services rendered by it as part of its operating funds, and
307	such fees and charges shall be anticipated from year to year in
308	making up its budget.
309	Section 3. The board shall prepare an itemized budget for
310	the ensuing fiscal year for the operation and cost of the
311	district's programs as provided by law.
312	Section 4. In order to fund the purpose of the district,
313	the Board of County Commissioners of Madison County shall pay
314	over to the board the first $12,500 that may be allocated to and
315	received by Madison County pursuant to chapter 550, Florida
316	Statutes, the Florida Pari-mutuel Wagering Act, and acts
317	supplementary and amendatory thereto.
318	Section 5. In order to fund the purpose of the district,
319	the Board of County Commissioners of Madison County and the
320	governing body of any municipality located wholly or partially
321	within the district may:
322	(a) Appropriate and pay over to the district funds from
323	its general fund or restricted funds which may be otherwise used
324	for such expenditure, with or without requiring that such funds
325	be repaid.
326	(b) Borrow money and issue bonds, certificates, warrants,
327	notes, or other evidence of indebtedness subject to use of an
328	identified lawful source of revenue, now or later provided, to
329	amortize or pay back any loans, bond certificates, warrants,
330	notes, or other evidences of indebtedness to provide funding to
331	the district.
332	(c) Apply for and use grants or loans of money or other
333	property from the United States, the state, a unit of general
334	purpose local government, or any person; enter into agreements
335	required in connection therewith; and hold, use, and dispose of
336	such moneys or property for the district purpose in accordance
337	with the terms of the gift, grant, loan, or agreement relating
338	thereto to provide funding to the district.
339	(d) Provide any personnel, service, equipment, facility,
340	or property, real or personal, to the district, with or without
341	charge to the district.
342	(e) Initiate any program of the board by appropriating
343	necessary funds for the board until the necessary funds for the
344	board shall be obtained.
345	Section 6. The accounts and records of the district shall
346	be audited as provided by law.
347	ARTICLE IX
348	Liens for Collection of Charges
349	Section 1. The district, as well as any not-for-profit
350	corporation contracting with the district for the operation,
351	management, and maintenance of the district's facilities, shall
352	be entitled to a lien for all reasonable charges incurred for
353	hospital care, treatment, and maintenance of ill or injured
354	persons upon any and all causes of action, suits, claims,
355	counterclaims, and demands accruing to such persons or the legal
356	representatives of such persons, and upon all judgments,
357	settlements, and settlement agreements rendered or entered into
358	by virtue thereof, on account of illness or injuries giving rise
359	to such causes of actions, suits, claims, counterclaims,
360	demands, judgments, settlements, or settlement agreements and
361	which necessitate or shall have necessitated such hospital care,
362	treatment, and maintenance.
363	Section 2. In order to perfect such a lien, the executive
364	office or agent of the hospital, before any such person shall
365	have been discharged from said hospital or within 45 days after
366	such discharge, shall file in the office of the Clerk of the
367	Circuit Court of Madison County a verified claim in writing
368	setting forth the name and address of such patient, as it shall
369	appear on the records of said hospital, the name and location of
370	said hospital, the name and address of the executive office or
371	agent of said hospital, the dates of admission to and discharge
372	of such patient therefrom, the amount claimed to be due for such
373	hospital care, treatment, and maintenance, and, to the best
374	knowledge of the person signing such claim, the names and
375	address of all persons, firms, or corporations who may be
376	claimed by such ill or injured person, or by the legal
377	representative of such person, to be liable on account of such
378	illness or injuries. At the same time that such claim is filed
379	with the clerk of the circuit court, a copy thereof shall be
380	sent by regular United States mail to the ill or injured person,
381	to his or her attorney, if known, and to all persons, firms, or
382	corporations named in such claim. The filing and mailing of
383	such claim in accordance with this section shall be notice
384	thereof to all persons, firms, or corporations who may be liable
385	on account of such illness or injuries, whether or not they are
386	named in such claim or lien, and whether or not a copy of such
387	claim shall have been received by them.
388	Section 3. The Clerk of the Circuit Court of Madison
389	County shall endorse on such claim the date and hour of filing
390	and shall record such claim in the official records of Madison
391	County. He or she shall be paid by the claimant as his or her
392	fee for such filing and recording of each claim the same fee as
393	provided for filing and recording other instruments under the
394	recording laws.
395	Section 4. No release or satisfaction of any action, suit,
396	claim, counterclaim, demand, judgment, settlement, or settlement
397	agreement shall be valid or effectual as against such lien
398	unless such lienholder shall join therein or execute a release
399	of such lien. Any acceptance of a release or satisfaction of
400	any such cause of action, suit, claim, counterclaim, demand, or
401	judgment and any settlement of any of the foregoing in the
402	absence of a release of satisfaction of the lien referred to in
403	this act shall prima facie constitute an impairment of such
404	lien, and the lienholder shall be entitled to an action at law
405	for damages on account of such impairment and in such action may
406	recover from the one accepting such release or satisfaction or
407	making such settlement the reasonable cost of such hospital
408	care, treatment, and maintenance. Satisfaction of any judgment
409	rendered in favor of the lienholder in any such action shall
410	operate as a satisfaction of the lien. Any action by the
411	lienholder may be brought and maintained in any court of
412	competent jurisdiction in or for Madison County. If the
413	lienholder shall prevail in such action, the lienholder shall be
414	entitled to recover from the defendant, in addition to costs
415	otherwise allowed by law, reasonable attorney's fees, suit
416	money, costs, and expenses incident to the matter.
417	Section 5. The provisions of this act shall not be
418	applicable to accidents or injuries within the purview of the
419	workers' compensation laws of this state.
420	ARTICLE X
421	Ownership of Property
422	Section 1. Ownership of all property, real or personal,
423	previously owned by the governmental entities created or
424	controlled by chapters 24673 (1947), 27689 (1951), 65-1867, 67-
425	1658, 67-1659, 69-1273, 70-790, 70-791, and 82-320, Laws of
426	Florida, shall hereby be vested in the district.
427	Section 2. The district is specifically declared to own
428	fee simple title to the following described real property in
429	Madison County: The West 1/2 of the Southeast 1/4 of Northwest
430	1/4, and the West 1/2 of East 1/2 of the Southeast 1/4 of
431	Northwest 1/4, all of Section 28, Township 1 North, Range 9
432	East; Lot 74 and the South 25 feet of Lot 73 of Block 11, of the
433	Town of Madison, Florida, (now City of Madison), Florida, and
434	also: a parcel or strip of land 10 feet X 1124.97 feet in size
435	located between north Duval Street and Lot 74 and the South 24
436	feet of Lot 73, running along and adjacent to the east border of
437	said lots, in Block 11 of the City of Madison, Madison County,
438	Florida, containing 1,249.70 square feet, more or less; All of
439	Block 12 of the Town of Madison (now City of Madison) Florida;
440	and Lots 77 and 78 of Block 11 of the Town of Madison (now City
441	of Madison) Florida
442	Section 3. This Article shall not be construed to affect
443	any rights of ownership of property, real or personal, held by
444	nongovernmental entities.
445	ARTICLE XI
446	Severability
447	The provisions of this charter are declared severable, and
448	if any provision hereof be found invalid, such invalidity shall
449	not affect the remaining provisions, which shall be deemed
450	amended to the smallest degree necessary in order to continue in
451	full force and effect consistent with legislative intent and the
452	district's purposes under this act and chapter 189, Florida
453	Statutes.
454	Section 4. Chapters 24673 (1947), 26688 (1951), 27689
455	(1951), 27690 (1951), 65-1867, 67-1658, 67-1659, 69-1273, 70-
456	790, 70-791, and 82-320, Laws of Florida, are repealed.
457	Section 5. This act shall take effect upon becoming a law.
458