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27	amended, and repealed as herein provided.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