HB 0601 2003
1	A bill to be entitled
2	An act relating to the Cape Canaveral Hospital District,
3	Brevard County; providing legislative intent; codifying,
4	amending, and reenacting special acts relating to the
5	district; providing minimum charter requirements in
6	accordance with s. 189.404(3), F.S.; providing
7	severability; providing applicability; providing for
8	liberal construction; repealing chapters 59-1121, 61-1903,
9	65-1290, 69-861, 75-332, 81-345, and 86-426, Laws of
10	Florida; 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 Cape Canaveral Hospital District, an independent
17	special tax district. It is the intent of the Legislature in
18	enacting this law to provide a single, comprehensive special act
19	charter for the District, including all current legislative
20	authority granted to the District by its several legislative
21	enactments and any additional authority granted by this act. It
22	is further the intent of this act to preserve all District
23	authority in addition to any authority contained in general law.
24	Section 2. Chapters 59-1121, 61-1903, 65-1290, 69-861, 75-
25	332, 81-345, and 86-426, Laws of Florida, are codified,
26	reenacted, amended, and repealed as herein provided.
27	Section 3. The Cape Canaveral Hospital District is re-
28	created, and the charter for such District is re-created and
29	reenacted to read:
30	Section 1. An independent special tax district is hereby
31	created and incorporated and shall be known as “the Cape
32	Canaveral Hospital District” in Brevard County. The Cape
33	Canaveral Hospital District shall support the health and welfare
34	of all those in the District’s boundaries and the surrounding
35	communities by providing health care facilities and services to
36	all those in need regardless of ability to pay. The Cape
37	Canaveral Hospital District is created for the purpose of
38	planning, building, constructing, repairing, fixing, equipping,
39	furnishing, supplying, operating, maintaining, and leasing a
40	hospital and related facilities, and to fund, support, organize,
41	and participate in such other health care related projects as
42	authorized by the Board. The District shall embrace and include
43	that part of Brevard County bounded and described as:
44
45	Those lands bounded on the north by the north line
46	of Section 14 and the north line, produced west, of
47	Section 15, Township 24 South, Range 37 East; on
48	the west by the west boundary of the Banana River;
49	on the south by a line parallel to and 988.6 feet
50	south of the north line, produced west, of Section
51	35, Township 25 South, Range 37 East; and on the
52	east by the waters of the Atlantic Ocean.
53
54	Section 2. All references herein to the Hospital District
55	mean the Cape Canaveral Hospital District; all references herein
56	to the Board mean the Cape Canaveral Hospital District Board;
57	all references herein to the Hospital mean the Cape Canaveral
58	Hospital; and all references to the Hospital Board mean the
59	Board of Trustees of Cape Canaveral Hospital, Inc.
60	Section 3. The governing authority or body of the Hospital
61	District shall be known as the Cape Canaveral Hospital District
62	Board and the Board shall constitute a body politic and a body
63	corporate; it shall have perpetual existence; it shall adopt and
64	use a common seal and may alter the same; it may contract and be
65	contracted with; and it may sue and be sued in its corporate
66	name.
67	Section 4(A). So long as the Cape Canaveral Hospital
68	District Board has direct responsibility for the operation and
69	management of the hospital facility, and does not lease the
70	hospital facility to a not-for-profit corporation, the Board
71	shall have the following additional powers:
72	(1) To acquire by grant, purchase, lease, devise, gift,
73	bequest, or condemnation, or in any other manner, real or
74	personal property, or any estate or interest therein, within or
75	without the Hospital District, which by resolution the Board
76	shall determine to be necessary for the purposes of the Hospital
77	District, said determination to be conclusive, except in case of
78	fraud or gross abuse of discretion; and to improve, maintain,
79	sell, lease, mortgage, or otherwise encumber the same, any part
80	thereof, or any interest therein upon such terms and conditions
81	as the Board shall fix and determine, and said determination
82	shall be deemed conclusive, except in case of fraud or gross
83	abuse of discretion.
84	(2) To plan, build, construct, repair, fix, purchase,
85	sell, mortgage, encumber, furnish, equip, supply, operate,
86	manage, maintain, and conduct a hospital and any facilities,
87	buildings, schools, and structures related to and customarily
88	used, conducted, or operated in conjunction with a hospital or
89	the provision of health care related services; however, in no
90	event shall the Board sell the hospital facilities without first
91	receiving the approval by a majority vote of the duly qualified
92	electors who reside within the Hospital District and who vote in
93	the election. Prior to any such sale, the qualified electors who
94	reside within the District shall by affirmative vote consent to
95	such sale of the hospital facilities, which consent must also
96	approve the terms and conditions of the sale and the disposition
97	of the sale proceeds. The vote on this issue may be received at
98	a general or special election to be held within the Hospital
99	District which shall not be called until notice thereof has been
100	published in a newspaper of general circulation within the
101	Hospital District once a week for 4 consecutive weeks prior to
102	the week during which the general or special election will be
103	held. If a majority of the electors who vote in the general or
104	special election shall vote in favor of the sale of the hospital
105	facilities and if they shall approve the terms and conditions of
106	the sale, the Board shall have the authority to consummate the
107	sale upon the terms and conditions thus approved by the
108	electors. In the event that the duly qualified electors shall
109	not ratify and approve the sale along with its terms and
110	conditions, the Board shall not have the authority to consummate
111	the sale of the hospital facilities.
112	(3) To adopt all rules and regulations necessary for the
113	orderly, proper, and efficient operation of the Hospital,
114	including rules regulating the admission thereto and treatment
115	of patients of all classes, including charity patients who may
116	apply for admission to the Hospital and who shall be citizens of
117	the State of Florida and residents of the Hospital District; and
118	rules regulating the fees and charges to be made for the
119	admission and treatment therein of all other patients.
120	(4) To establish a medical staff of the hospital, herein
121	referred to as the medical staff, and to establish and designate
122	professional and other qualifications for membership, term of
123	membership, classes of membership, and types of privileges to be
124	exercised by members of the medical staff. The Board shall have
125	the power to appoint, remove, suspend, and otherwise regulate
126	members of the medical staff; to establish and designate
127	procedures to be followed by applicants for staff membership,
128	changes of class of membership, changes in types of privileges
129	to be exercised by members of the medical staff, and renewal of
130	membership on the medical staff; and to set forth such
131	procedures as shall seem fit and proper to the Board in the
132	bylaws of the Board and of the medical staff. The Board shall
133	request the advice of the medical staff on all applications for
134	membership on the medical staff, including advice on the class
135	of membership to be given to the applicants and the types of
136	privileges to be exercised by the applicants, renewal of
137	membership on the medical staff, changes in classes of
138	membership, and changes in privileges to be exercised by members
139	of the medical staff; however, such advice shall not be binding
140	on the Board and the final decision on such matters shall be
141	made by the Board. The Board shall provide in its bylaws and in
142	the medical staff bylaws procedures to be followed by such
143	applicants who may be aggrieved by any decisions of the medical
144	staff regarding its advice to the Board.
145	(5) To contract with individuals, partnerships, limited
146	liability companies, corporations, municipalities, political
147	subdivisions, agencies, or districts of the State of Florida,
148	the United States of America, or any of the several States
149	thereof, and any other country of the world and any political
150	subdivision thereof.
151	(6) To determine the sum or amount of money, over and
152	above and in addition to anticipated income and receipts to be
153	paid by the patients who will be treated in the Hospital, which
154	will be required during the ensuing fiscal year to pay and
155	satisfy all anticipated obligations and expenses to be incurred
156	by the Hospital during the said ensuing fiscal year in the
157	performance of the functions and purposes authorized under this
158	act, including debt service on any bonds which may be issued
159	hereunder; subject to the provision that the sum estimated by
160	the Board to be required to pay and satisfy the expenses of the
161	Hospital for all purposes, other than debt service on any bonds
162	which may have been issued hereunder, for said fiscal year shall
163	not exceed the amount which would be realized from a tax of 1
164	mill upon all real and personal property, less all such property
165	exempted from taxation by the Florida Constitution or the
166	Statutes of the State of Florida, located within the Hospital
167	District; and further subject to the provision that the sum
168	estimated by the Board to be required to pay and satisfy all
169	obligations and expenses incurred by the Hospital for all
170	purposes, including debt service on any bonds which may have
171	been issued by the Hospital District hereunder, shall not exceed
172	the amount which would be realized from a tax of 2 1/4 mills
173	upon all real and personal property, less all such property
174	exempt from taxation by the Florida Constitution or the Statutes
175	of the State of Florida, located within the Hospital District.
176	Such determination shall be made by resolution of the Board and
177	it shall be the duty of the President and the Secretary of the
178	Board to certify to the Board of County Commissioners of Brevard
179	County the total sum which the Board believes and estimates will
180	be required during the ensuing fiscal year to pay and satisfy
181	all expenses of the Hospital, except debt service on any bonds
182	which may have been issued hereunder, and the sum which the
183	Board believes and anticipates will be required for debt service
184	on said bonds, in the event that any bonds have been issued and
185	sold hereunder by the Hospital District.
186	The Board of County Commissioners of Brevard County, upon
187	being furnished a certified copy of the resolution of the Board,
188	shall levy the necessary millage against all real and personal
189	property, less all such property exempt from taxation by the
190	Florida Constitution or the Statutes of the State of Florida,
191	situated within the Hospital District, required to raise such
192	amount, provided such millage shall not exceed 1 mill for all
193	expenses of the Hospital other than debt service on any bonds
194	which may have been issued and sold hereunder and shall not
195	exceed 2 1/4 mills for all obligations and expenses of the
196	Hospital including debt service on any such bonds. The certified
197	copy of the resolution of the Board shall be filed with the
198	Board of County Commissioners of Brevard County not less than 10
199	days prior to the time fixed by law for the levy of general
200	county taxes, and all taxes so levied by the Board of County
201	Commissioners of Brevard County for the Board shall be collected
202	by the Tax Collector of Brevard County and paid over to the
203	Board.
204	(7) To appoint, comply, hire, and discharge such agents,
205	employees, servants, or other employees, including attorneys,
206	accountants, architects, administrators, and other nonmedical
207	professional agents or employees, as may be required to carry
208	out the purposes of this act; to prescribe their duties,
209	authority, and responsibilities; and to fix their salaries,
210	wages, or compensation.
211	(8) To designate a depository or depositories for the
212	funds of the Board and to establish by resolution of the Board
213	the method and authority under which such funds may be withdrawn
214	from such depository or depositories, provided, however, that
215	any officer of the Board or any agent or employee thereof, who
216	shall be authorized to sign checks, drafts, orders, or warrants
217	on any account of the Board, shall first execute a bond in favor
218	of the Board in a penal sum of $25,000 with a surety company
219	authorized to do business in the State of Florida. The aforesaid
220	bonds shall be conditioned upon the faithful performance of the
221	duties of such officers, agents, or employees and shall be
222	approved by the remaining members of the Board, and the premiums
223	on all such bonds shall be paid by the Board.
224	(9) To designate by resolution a fiscal year for the
225	Hospital District and to change the same from time to time.
226	(10) To issue bonds of the Hospital District to finance
227	the planning, purchase, lease, construction, furnishing, and
228	equipping of any buildings, facilities, or land therefor, which
229	the Board is authorized to purchase, lease, build, construct,
230	and operate, which bonds may be payable from the taxes herein
231	authorized, and for the payment of which the full faith and
232	credit of the Hospital District may be pledged, in an amount
233	never to exceed 20 percent of the total assessed valuation or
234	market valuation, whichever is greater, as determined by Brevard
235	County, of all taxable property within the limits of the
236	Hospital District. Such bonds shall be signed in the name of the
237	Hospital District by the President of the Board, shall be
238	attested by the Secretary of the Board, shall be under the seal
239	of the Hospital District, may bear interest coupons to be signed
240	with the facsimile signature of the Secretary of the Board, and
241	may be of such denominations as shall be determined by the
242	Hospital Board. Said bonds may bear interest at a rate to be
243	fixed by the Board; however, said rate of interest shall not
244	exceed that provided by general law and shall be payable either
245	annually or semiannually. Said bonds shall be due not more than
246	40 years from the date thereof.
247	Prior to the issuance of any such bonds, the Board shall by
248	resolution authorize the issuance of the same, fixing the
249	aggregate amount of the proposed issue, the denomination, the
250	rate of interest, the purpose for which the moneys derived
251	therefrom shall be expended, and the maturity of the bonds
252	either in serial form or all to mature at a fixed date, and
253	shall provide for and create a sinking fund to pay the principal
254	and interest of the said bonds as the same shall mature. The
255	bonds may be sold by the Board at public sale, or sealed bids,
256	after advertisement for sale at least once a week for 3
257	consecutive weeks in a newspaper published in Brevard County
258	having a general circulation in the Hospital District, or
259	advertisement of the said sale may, at the option of the Board,
260	be published once a week for 2 consecutive weeks in a financial
261	paper published in the City of New York. If the bonds are not
262	sold after either of such advertisements, the bonds may be sold
263	at private sale at any time after the date advertised for the
264	reception of the sealed bids; however, no bonds shall be sold
265	for less than 95 percent of the par value thereof, with accrued
266	interest, and no private sale of the bonds shall be made at a
267	price lower than the best sealed bid received therefor.
268	All bonds issued and sold by the Hospital District under
269	the provisions of this act, or under the laws of the State of
270	Florida, shall be, constitute, and have all of the qualities and
271	incidents of negotiable instruments under the law merchant and
272	the Negotiable Instrument Law of the State of Florida; shall be
273	incontestable in the hands of bona fide purchasers or holders
274	for value; and shall not be invalid because of any irregularity
275	or defect in the proceedings for the issue and sale thereof.
276	No general obligation bonds for the payment of which the
277	full faith and credit of the Hospital District shall be pledged
278	or obligated shall be issued and sold, unless the issuance of
279	the same shall have been approved by the majority of the votes
280	cast in a freeholders’ election in which a majority of the
281	freeholders who are qualified electors residing within the
282	Hospital District shall participate and said election shall be
283	held in the manner provided by the Florida Constitution and
284	applicable Statutes of the State of Florida relating to the
285	calling and holding of freeholders' elections for the approval
286	of the issuance of bonds by special tax districts.
287	The payment of any general obligation bonds, including
288	interest thereon, issued and sold by the Hospital District shall
289	be secured by a first lien against the taxes to be levied by the
290	Board of County Commissioners of Brevard County as authorized by
291	this act to the extent that such taxes may be required to pay
292	such interest and principal, and the Board shall certify to the
293	Board of County Commissioners of Brevard County each year, as
294	herein provided, such sums as may be required for debt service
295	on said bonds and to pay the interest and principal thereon, and
296	the Board of County Commissioners of Brevard County shall levy
297	such taxes, within the limits specified in this act, as will be
298	required for said debt service on said bonds.
299	(11)(a) To provide by resolution at one time or from time
300	to time for the issuance of Revenue Certificates of the Hospital
301	District for the purpose of paying all or a part of the cost of
302	acquisition, construction, planning, leasing, repairing,
303	extensions to, additions, equipping, and reconstruction of any
304	hospital buildings and facilities of the Hospital District. The
305	Certificates of each issue shall be dated, shall bear interest
306	at a rate to be fixed by the Board, however, said rate of
307	interest shall not exceed that provided by general law, shall
308	mature at such time or times, not exceeding 40 years from their
309	date or dates, as may be determined by the Board, and may be
310	made redeemable before maturity, at the option of the Board, at
311	such price or prices and under such terms and conditions as may
312	be fixed by the Board prior to the issuance of the Certificates.
313	The Board shall determine the form of the Certificates,
314	including any interest coupons to be attached thereto, and the
315	manner of execution of the Certificates and coupons to be
316	attached thereto, and shall fix the denomination or
317	denominations of the Certificates and the place or places of
318	payment of principal and interest, which may be at any bank or
319	trust company within or without the State. In case any officer
320	whose signature or a facsimile of whose signature shall appear
321	on any certificates or coupons shall cease to be such officer
322	before the delivery of such Certificates, such signature or such
323	facsimile shall nevertheless be valid and sufficient for all
324	purposes the same as if he or she had remained in office until
325	such delivery. All Certificates issued under the provisions of
326	this act shall have and are hereby declared to have all the
327	qualities and incidents of negotiable instruments under the
328	negotiable instruments laws of the State. The Certificates may
329	be issued in coupon or in registered form, or both, as the Board
330	may determine, and provisions may be made for the registration
331	of any coupon Certificates as to principal alone and also as to
332	both principal and interest and for the reconversion into coupon
333	Certificates of any Certificates registered as to both principal
334	and interest. The issuance of such Certificates shall not be
335	subject to any limitations or conditions contained in any other
336	law, and the Board may sell such Certificates in such manner and
337	for such price as it may determine to be for the best interest
338	of the Board, but no such sale shall be made at a price so low
339	as to require the payment of interest on the money received
340	therefor which shall exceed that provided by general law,
341	computed with relation to the absolute maturity of the
342	Certificates in accordance with standard tables of certificate
343	values, excluding, however, from such computations the amount of
344	any premium to be paid on redemption of any Certificates prior
345	to maturity. Prior to the preparation of definitive
346	Certificates, the Board may, under like restrictions, issue
347	interim receipts or temporary Certificates with or without
348	coupons, exchangeable for definitive Certificates when such
349	Certificates have been executed and are available for delivery.
350	The Board may also provide for the replacement of any
351	Certificates which shall be mutilated, destroyed, or lost.
352	(b) Certificates may be issued under the provisions of
353	this act without obtaining the consent of any commission, board,
354	bureau, or agency of the State or County and without any other
355	proceedings or the happening of any other condition or thing
356	than those proceedings, conditions, or things which are
357	specifically required by this act.
358	(c) The proceeds of the Certificates shall be used solely
359	for the payment of the cost of the hospital facilities for which
360	such Certificates shall have been authorized and shall be
361	disbursed in the manner provided in the resolution or in the
362	Trust Agreement authorizing the issuance of such Certificates.
363	If the proceeds of the Certificates of any issue shall exceed
364	the amount required for the purpose for which the same shall
365	have been issued, the surplus shall be set aside and used only
366	for the payment of the cost of additional projects or for the
367	payment of the principal of and interest on such Certificates.
368	In the event that the actual cost of the project exceeds the
369	estimated cost, the Board may issue additional Certificates to
370	cover the deficiency, subject to the same restrictions as
371	required for the original issue.
372	(d) Revenue Certificates issued under the provisions of
373	this act may be payable from the revenue derived from the
374	operation of any hospital facility or combination of hospital
375	facilities of the Hospital District under the supervision,
376	operation, and control of the Hospital Board and from any other
377	funds legally available therefor. The issuance of such Revenue
378	Certificates shall not directly, indirectly, or contingently
379	obligate the State, the Board, or the Hospital District to levy
380	any ad valorem taxes or to make any appropriations for their
381	payment or for the operation and maintenance of the hospital
382	facilities of the Hospital District.
383	(e) The Board shall not convey or mortgage any hospital
384	facility or any part thereof as security for the payment of the
385	Revenue Certificates.
386	(f) In the discretion of the Board, each or any issue of
387	such Revenue Certificates may be secured by a Trust Agreement by
388	and between the Hospital District and a corporate trustee, which
389	may be any trust company or bank having the powers of a trust
390	company within or without the State. Such Trust Agreement may
391	pledge or assign the revenues to be received by the Board. The
392	resolution providing for the issuance of Revenue Certificates or
393	such Trust Agreement may contain such provisions for protecting
394	and enforcing the rights and remedies of the Certificate holders
395	as may be reasonable, proper, and not in violation of law,
396	including covenants setting forth the duties of the Board in
397	relation to the acquisition, construction, improvement,
398	maintenance, operation, repair, equipping, and insurance of the
399	hospital facilities, and the custody, safeguarding, and
400	application of all moneys. It shall be lawful for any bank or
401	trust company incorporated under the laws of this State to act
402	as such depository and to furnish such indemnifying certificates
403	or to pledge such securities as may be required by the Board.
404	Such resolution or such Trust Agreement may restrict the
405	individual right of action by Certificate holders as is
406	customary in Trust Agreements securing certificates or
407	debentures of corporations. In addition to the foregoing, such
408	resolution or such Trust Agreement may contain such other
409	provisions as the Board may deem reasonable and proper for the
410	security of the Certificate holders. Except as otherwise
411	provided in this act, the Board may provide, by resolution or by
412	Trust Agreement, for the payment of the proceeds of the sale of
413	the Revenue Certificates and the revenues of the facilities to
414	such officer, board, or depository as it may determine for the
415	custody thereof, and for the method of disbursement thereof,
416	with such safeguards and restrictions as it may determine. All
417	expenses incurred in carrying out such Trust Agreement may be
418	treated as a part of the cost of operation of the facilities
419	affected by such Trust Agreement.
420	(g) The resolution or Trust Agreement providing for the
421	issuance of the Revenue Certificates may also contain such
422	limitations upon the issuance of additional Revenue Certificates
423	as the Hospital District may deem proper, and such additional
424	Certificates shall be issued under such restriction or
425	limitations as may be prescribed by such resolution or Trust
426	Agreement.
427	(h) The Board is hereby authorized to provide by
428	resolution for the issuance of Refunding Revenue Certificates
429	for the purpose of refunding any Revenue Certificates,
430	respectively, then outstanding and issued under the provisions
431	of this act. The Board is further authorized to provide by
432	resolution for the issuance of Revenue Certificates for the
433	combined purpose of (1) paying the cost of any acquisition,
434	construction, planning, leasing, extension to, addition,
435	improving, equipping, or reconstruction of a facility or
436	facilities of the Hospital District, and (2) refunding Revenue
437	Certificates of the Hospital District which shall theretofore
438	have been issued under the provisions of this act and shall then
439	be outstanding. The issuance of such obligations, the maturities
440	and other details thereof, the right and remedies of the holders
441	thereof, and the rights, powers, privileges, duties, and
442	obligations of the Hospital District with respect to the same
443	shall be governed by the foregoing provisions of this act
444	insofar as the same may be applicable.
445	(12) To provide a retirement program for the Hospital
446	District’s employees who become covered by the program, to
447	establish qualifications for coverage under the program, to pay
448	part of the cost of such program, to contract with any insurance
449	company licensed to do business in Florida for the establishment
450	and operation of the program, to charge its covered employees
451	for the employees’ share of the cost of the program, and to take
452	such other action as may be necessary to establish and operate
453	the retirement program. Said Board shall have the power to
454	withdraw, by resolution, from the State and County Officers and
455	Employees’ Retirement System as established by chapter 122,
456	Florida Statutes, and this provision shall specifically amend
457	section 122.061, Florida Statutes, insofar as the section
458	prohibits the withdrawal of the Cape Canaveral Hospital
459	employees from the retirement system. In the event that the
460	Board shall adopt a resolution by which the employees of the
461	Hospital District shall be withdrawn from the State and County
462	Officers and Employees’ Retirement System, such withdrawal shall
463	become effective on July 1 following the adoption of the
464	resolution, and the Board shall send a certified copy of the
465	resolution to the Chief Financial Officer of the State.
466	Beginning on July 1 following the adoption of the resolution,
467	the Hospital District shall not be required to contribute to the
468	State and County Officers and Employees’ Retirement System.
469	Section 4(B). In the event that the Board no longer has
470	responsibility for operation and management of Cape Canaveral
471	Hospital by heretofore or hereafter leasing the hospital
472	facilities to a not-for-profit corporation, so long as such
473	lease remains in force and effect, the Board shall not have the
474	powers contained in section 4(A) hereof but shall have the
475	following additional powers:
476	(1) To acquire by grant, purchase, lease, devise, gift,
477	bequest, or condemnation, or in any other manner, real or
478	personal property, or any estate or interest therein, within or
479	without the Hospital District, which by resolution the Board
480	shall determine to be necessary for the purposes of the Hospital
481	District, said determination to be conclusive, except in case of
482	fraud or gross abuse of discretion; and to improve, maintain,
483	sell, lease, mortgage, or otherwise encumber the same, any part
484	thereof, or any interest therein upon such terms and conditions
485	as the Board shall fix and determine, and said determination
486	shall be deemed conclusive, except in case of fraud or gross
487	abuse of discretion.
488	(2) To contract with individuals, partnerships, limited
489	liability companies, corporations, municipalities, political
490	subdivisions, agencies, or districts of the State of Florida,
491	the United States of America, or any of the several States
492	thereof, and any other country of the world and any political
493	subdivision thereof.
494	(3) To determine the sum or amount of money, over and
495	above and in addition to anticipated income and receipts to be
496	paid by the patients who will be treated in the Hospital, which
497	will be required during the ensuing fiscal year to pay and
498	satisfy all anticipated obligations and expenses to be incurred
499	by the Hospital during the said ensuing fiscal year in the
500	performance of the functions and purposes authorized under this
501	act, including debt service on any bonds which may be issued
502	hereunder; subject to the provision that the sum estimated by
503	the Board to be required to pay and satisfy the expenses of the
504	Hospital for all purposes, other than debt service on any bonds
505	which may have been issued hereunder, for said fiscal year shall
506	not exceed the amount which would be realized from a tax of 1
507	mill upon all real and personal property, less all such property
508	exempted from taxation by the Florida Constitution or the
509	Statutes of the State of Florida, located within the Hospital
510	District; and further subject to the provision that the sum
511	estimated by the Board to be required to pay and satisfy all
512	obligations and expenses incurred by the Hospital for all
513	purposes, including debt service on any bonds which may have
514	been issued by the Hospital District hereunder, shall not exceed
515	the amount which would be realized from a tax of 2 1/4 mills
516	upon all real and personal property, less all such property
517	exempt from taxation by the Florida Constitution or the Statutes
518	of the State of Florida, located within the Hospital District.
519	Such determination shall be made by resolution of the Board and
520	it shall be the duty of the President and the Secretary of the
521	Board to certify to the Board of County Commissioners of Brevard
522	County the total sum which the Board believes and estimates will
523	be required during the ensuing fiscal year to pay and satisfy
524	all expenses of the Hospital, except debt service on any bonds
525	which may have been issued hereunder, and the sum which the
526	Board believes and anticipates will be required for debt service
527	on said bonds, in the event that any bonds have been issued and
528	sold hereunder by the Hospital District.
529	The Board of County Commissioners of Brevard County, upon
530	being furnished a certified copy of the resolution of the Board,
531	shall levy the necessary millage against all real and personal
532	property, less all such property exempt from taxation by the
533	Florida Constitution or the Statutes of the State of Florida,
534	situated within the Hospital District, required to raise such
535	amount, provided such millage shall not exceed 1 mill for all
536	expenses of the Hospital other than debt service on any bonds
537	which may have been issued and sold hereunder and shall not
538	exceed 2 1/4 mills for all obligations and expenses of the
539	Hospital including debt service on any such bonds. The certified
540	copy of the resolution of the Board shall be filed with the
541	Board of County Commissioners of Brevard County not less than 10
542	days prior to the time fixed by law for the levy of general
543	county taxes, and all taxes so levied by the Board of County
544	Commissioners of Brevard County for the Board shall be collected
545	by the Tax Collector of Brevard County and paid over to the
546	Board.
547	(4) To designate a depository or depositories for the
548	funds of the Board and to establish by resolution of the Board
549	the method and authority under which such funds may be withdrawn
550	from such depository or depositories, provided, however, that
551	any officer of the Board or any agent or employee thereof, who
552	shall be authorized to sign checks, drafts, orders, or warrants
553	on any account of the Board, shall first execute a bond in favor
554	of the Board in a penal sum of $25,000 with a surety company
555	authorized to do business in the State of Florida. The aforesaid
556	bonds shall be conditioned upon the faithful performance of the
557	duties of such officers, agents, or employees and shall be
558	approved by the remaining members of the Board, and the premiums
559	on all such bonds shall be paid by the Board.
560	(5) To designate by resolution a fiscal year for the
561	Hospital District and to change the same from time to time.
562	(6) To issue bonds of the Hospital District to finance the
563	planning, purchase, lease, construction, furnishing, and
564	equipping of any buildings, facilities, or land therefor, which
565	the Board is authorized to purchase, lease, build, construct,
566	and operate, which bonds may be payable from the taxes herein
567	authorized, and for the payment of which the full faith and
568	credit of the Hospital District may be pledged, in an amount
569	never to exceed 20 percent of the total assessed valuation or
570	market valuation, whichever is greater, as determined by Brevard
571	County, of all taxable property within the limits of the
572	Hospital District. Such bonds shall be signed in the name of the
573	Hospital District by the President of the Board, shall be
574	attested by the Secretary of the Board, shall be under the seal
575	of the Hospital District, may bear interest coupons to be signed
576	with the facsimile signature of the Secretary of the Board, and
577	may be of such denominations as shall be determined by the
578	Hospital Board. Said bonds may bear interest at a rate to be
579	fixed by the Board; however, said rate of interest shall not
580	exceed that provided by general law and shall be payable either
581	annually or semiannually. Said bonds shall be due not more than
582	40 years from the date thereof.
583	Prior to the issuance of any such bonds, the Board shall by
584	resolution authorize the issuance of the same, fixing the
585	aggregate amount of the proposed issue, the denomination, the
586	rate of interest, the purpose for which the moneys derived
587	therefrom shall be expended, and the maturity of the bonds,
588	either in serial form or all to mature at a fixed date, and
589	shall provide for and create a sinking fund to pay the principal
590	and interest of the said bonds as the same shall mature. The
591	bonds may be sold by the Board at public sale, or sealed bids,
592	after advertisement for sale at least once a week for 3
593	consecutive weeks in a newspaper published in Brevard County
594	having a general circulation in the Hospital District, or
595	advertisement of the said sale may, at the option of the Board,
596	be published once a week for 2 consecutive weeks in a financial
597	paper published in the City of New York. If the bonds are not
598	sold after either of such advertisements, the bonds may be sold
599	at private sale at any time after the date advertised for the
600	reception of the sealed bids; however, no bonds shall be sold
601	for less than 95 percent of the par value thereof, with accrued
602	interest, and no private sale of the bonds shall be made at a
603	price lower than the best sealed bid received therefor.
604	All bonds issued and sold by the Hospital District under
605	the provisions of this act, or under the laws of the State of
606	Florida, shall be, constitute, and have all of the qualities and
607	incidents of negotiable instruments under the law merchant and
608	the Negotiable Instrument Law of the State of Florida; shall be
609	incontestable in the hands of bona fide purchasers or holders
610	for value; and shall not be invalid because of any irregularity
611	or defect in the proceedings for the issue and sale thereof.
612	No general obligation bonds for the payment of which the
613	full faith and credit of the Hospital District shall be pledged
614	or obligated shall be issued and sold, unless the issuance of
615	the same shall have been approved by the majority of the votes
616	cast in a freeholders’ election in which a majority of the
617	freeholders who are qualified electors residing within the
618	Hospital District shall participate and said election shall be
619	held in the manner provided by the Florida Constitution and
620	applicable Statutes of the State of Florida relating to the
621	calling and holding of freeholders' elections for the approval
622	of the issuance of bonds by special tax districts.
623	The payment of any general obligation bonds, including
624	interest thereon, issued and sold by the Hospital District shall
625	be secured by a first lien against the taxes to be levied by the
626	Board of County Commissioners of Brevard County as authorized by
627	this act to the extent that such taxes may be required to pay
628	such interest and principal, and the Board shall certify to the
629	Board of County Commissioners of Brevard County each year, as
630	herein provided, such sums as may be required for debt service
631	on said bonds and to pay the interest and principal thereon, and
632	the Board of County Commissioners of Brevard County shall levy
633	such taxes, within the limits specified in this act, as will be
634	required for said debt service on said bonds.
635	(7) To provide by resolution at one time or from time to
636	time for the issuance of Revenue Certificates of the Hospital
637	District for the purpose of paying all or a part of the cost of
638	acquisition, construction, planning, leasing, repairing,
639	extensions to, additions, equipping, and reconstruction of any
640	hospital buildings and facilities of the Hospital District. The
641	Certificates of each issue shall be dated, shall bear interest
642	at a rate to be fixed by the Board, however, said rate of
643	interest shall not exceed that provided by general law, shall
644	mature at such time or times, not exceeding 40 years from their
645	date or dates, as may be determined by the Board, and may be
646	made redeemable before maturity, at the option of the Board, at
647	such price or prices and under such terms and conditions as may
648	be fixed by the Board prior to the issuance of the Certificates.
649	The Board shall determine the form of the Certificates,
650	including any interest coupons to be attached thereto, and the
651	manner of execution of the Certificates and coupons to be
652	attached thereto, and shall fix the denomination or
653	denominations of the Certificates and the place or places of
654	payment of principal and interest, which may be at any bank or
655	trust company within or without the State. In case any officer
656	whose signature or a facsimile of whose signature shall appear
657	on any certificates or coupons shall cease to be such officer
658	before the delivery of such Certificates, such signature or such
659	facsimile shall nevertheless be valid and sufficient for all
660	purposes the same as if he or she had remained in office until
661	such delivery. All Certificates issued under the provisions of
662	this act shall have and are hereby declared to have all the
663	qualities and incidents of negotiable instruments under the
664	negotiable instruments laws of the State. The Certificates may
665	be issued in coupon or in registered form, or both, as the Board
666	may determine, and provisions may be made for the registration
667	of any coupon Certificates as to principal alone and also as to
668	both principal and interest and for the reconversion into coupon
669	Certificates of any Certificates registered as to both principal
670	and interest. The issuance of such Certificates shall not be
671	subject to any limitations or conditions contained in any other
672	law, and the Board may sell such Certificates in such manner and
673	for such price as it may determine to be for the best interest
674	of the Board, but no such sale shall be made at a price so low
675	as to require the payment of interest on the money received
676	therefor which shall exceed that provided by general law,
677	computed with relation to the absolute maturity of the
678	Certificates in accordance with standard tables of certificate
679	values, excluding, however, from such computations the amount of
680	any premium to be paid on redemption of any Certificates prior
681	to maturity. Prior to the preparation of definitive
682	Certificates, the Board may, under like restrictions, issue
683	interim receipts or temporary Certificates with or without
684	coupons, exchangeable for definitive Certificates when such
685	Certificates have been executed and are available for delivery.
686	The Board may also provide for the replacement of any
687	Certificates which shall be mutilated, destroyed, or lost.
688	Certificates may be issued under the provisions of this act
689	without obtaining the consent of any commission, board, bureau,
690	or agency of the State or County and without any other
691	proceedings or the happening of any other condition or thing
692	than those proceedings, conditions, or things which are
693	specifically required by this act.
694	The proceeds of the Certificates shall be used solely for
695	the payment of the cost of the hospital facilities for which
696	such Certificates shall have been authorized and shall be
697	disbursed in the manner provided in the resolution or in the
698	Trust Agreement authorizing the issuance of such Certificates.
699	If the proceeds of the Certificates of any issue shall exceed
700	the amount required for the purpose for which the same shall
701	have been issued, the surplus shall be set aside and used only
702	for the payment of the cost of additional projects or for the
703	payment of the principal of and interest on such Certificates.
704	In the event that the actual cost of the project exceeds the
705	estimated cost, the Board may issue additional Certificates to
706	cover the deficiency, subject to the same restrictions as
707	required for the original issue.
708	Revenue Certificates issued under the provisions of this
709	act may be payable from the revenue derived from the operation
710	of any hospital facility or combination of hospital facilities
711	of the Hospital District under the supervision, operation, and
712	control of the Hospital Board and from any other funds legally
713	available therefor. The issuance of such Revenue Certificates
714	shall not directly, indirectly, or contingently obligate the
715	State, the Board, or the Hospital District to levy any ad
716	valorem taxes or to make any appropriations for their payment or
717	for the operation and maintenance of the hospital facilities of
718	the Hospital District.
719	The Board shall not convey or mortgage any hospital
720	facility or any part thereof as security for the payment of the
721	Revenue Certificates.
722	In the discretion of the Board, each or any issue of such
723	Revenue Certificates may be secured by a Trust Agreement by and
724	between the Hospital District and a corporate trustee, which may
725	be any trust company or bank having the powers of a trust
726	company within or without the State. Such Trust Agreement may
727	pledge or assign the revenues to be received by the Board. The
728	resolution providing for the issuance of Revenue Certificates or
729	such Trust Agreement may contain such provisions for protecting
730	and enforcing the rights and remedies of the Certificate holders
731	as may be reasonable, proper, and not in violation of law,
732	including covenants setting forth the duties of the Board in
733	relation to the acquisition, construction, improvement,
734	maintenance, operation, repair, equipping, and insurance of the
735	hospital facilities, and the custody, safeguarding, and
736	application of all moneys. It shall be lawful for any bank or
737	trust company incorporated under the laws of this State to act
738	as such depository and to furnish such indemnifying certificates
739	or to pledge such securities as may be required by the Board.
740	Such resolution or such Trust Agreement may restrict the
741	individual right of action by Certificate holders as is
742	customary in Trust Agreements securing certificates or
743	debentures of corporations. In addition to the foregoing, such
744	resolution or such Trust Agreement may contain such other
745	provisions as the Board may deem reasonable and proper for the
746	security of the Certificate holders. Except as otherwise
747	provided in this act, the Board may provide, by resolution or by
748	Trust Agreement, for the payment of the proceeds of the sale of
749	the Revenue Certificates and the revenues of the facilities to
750	such officer, board, or depository as it may determine for the
751	custody thereof, and for the method of disbursement thereof,
752	with such safeguards and restrictions as it may determine. All
753	expenses incurred in carrying out such Trust Agreement may be
754	treated as a part of the cost of operation of the facilities
755	affected by such Trust Agreement.
756	The resolution or Trust Agreement providing for the
757	issuance of the Revenue Certificates may also contain such
758	limitations upon the issuance of additional Revenue Certificates
759	as the Hospital District may deem proper, and such additional
760	Certificates shall be issued under such restriction or
761	limitations as may be prescribed by such resolution or Trust
762	Agreement.
763	The Board is hereby authorized to provide by resolution for
764	the issuance of Refunding Revenue Certificates for the purpose
765	of refunding any Revenue Certificates, respectively, then
766	outstanding and issued under the provisions of this act. The
767	Board is further authorized to provide by resolution for the
768	issuance of Revenue Certificates for the combined purpose of (1)
769	paying the cost of any acquisition, construction, planning,
770	leasing, extension to, addition, improving, equipping, or
771	reconstruction of a facility or facilities of the Hospital
772	District, and (2) refunding Revenue Certificates of the Hospital
773	District which shall theretofore have been issued under the
774	provisions of this act and shall then be outstanding. The
775	issuance of such obligations, the maturities and other details
776	thereof, the right and remedies of the holders thereof, and the
777	rights, powers, privileges, duties, and obligations of the
778	Hospital District with respect to the same shall be governed by
779	the foregoing provisions of this act insofar as the same may be
780	applicable.
781	Section 5. The governing authority of the Hospital
782	District is hereby created and designated as the Cape Canaveral
783	Hospital District Board, and it shall consist of 12 members,
784	each of whom shall be a qualified elector residing within the
785	Hospital District.
786	Section 6. Each member of the Board shall serve for a term
787	of 4 years or until his or her successor has been appointed and
788	qualified. Each member shall serve without compensation. In the
789	event that the Board shall heretofore or hereafter lease the
790	hospital facilities to a nonprofit corporation, the members of
791	the Board of Directors or Trustees of such nonprofit corporation
792	shall also serve on a voluntary basis without compensation.
793	After October 1, 1989, no more than 1/2 of the members of the
794	Board shall also serve as members of the Board of Directors or
795	Trustees of any Lessee nonprofit corporation.
796	Section 7. The Governor of the State of Florida shall
797	appoint the successors to the Board upon expiration of the term
798	of office of each member or upon the death, resignation, or
799	removal of a member of the Board. Any member appointed to fill a
800	vacancy on the Board caused by the death, resignation, or
801	removal of a member shall serve for the balance of the term of
802	office of the member whom he or she succeeded.
803	Section 8. The Board shall elect from its own members a
804	chair, vice chair, secretary, and treasurer, each of whom shall
805	serve for a term of 1 year or until his or her successor has
806	been elected and has qualified. The officers shall be elected
807	each year at the organizational meeting of the Board. If any
808	officer of the Board does not complete his or her term of
809	office, his or her successor shall be elected by the Board, and
810	any successor so elected shall serve the remainder of the term
811	of the succeeded officer. The duties, responsibilities,
812	authorities, and privileges of each of the officers of the Board
813	shall be stated in the Board bylaws.
814	Section 9. Seven members of the Board shall constitute a
815	quorum of the Board for the purpose of conducting business and
816	exercising its powers, and action may be taken by the Board only
817	upon the affirmative vote of a majority of the members of the
818	Board then serving.
819	Section 10. Regular meetings of the Board shall be held
820	annually at a time to be designated by the Board by resolution,
821	and at such other times as may be established by the Board, by
822	resolution thereof, in the event that the Board deems it
823	advisable to hold additional regular meetings. Special meetings
824	of the Board shall be held upon the call of the President of the
825	Board, or in his or her absence the Vice President of the Board,
826	or upon the written request of a majority of the members of the
827	Board, provided that at least 48 hours’ written notice of any
828	special meeting is given to each member of the Board; however,
829	any meeting shall be considered to have been duly called if at
830	least 10 members of the Board waive written notice of the
831	meeting.
832	Section 11. The Board shall keep accurate minutes of its
833	meetings and proceedings, and the minutes shall be open to
834	public inspection at all reasonable times at the premises or
835	office of the Hospital District.
836	Section 12. All meetings of the Board shall be open to the
837	public and conducted in accordance with applicable law. All
838	meetings of the Board shall be held within the Hospital
839	District. In the event that the Board shall heretofore or
840	hereafter lease the hospital facilities to a nonprofit
841	corporation, the Board of Directors or Trustees of the nonprofit
842	corporation shall be obligated to hold their regular and special
843	meetings in such a manner so that they will be open to the
844	public; however, they shall have the right to go into executive
845	session in order to discuss and resolve the following issues:
846	(a) employee issues, (b) medical staff issues, including
847	disciplinary actions, (c) property acquisitions, (d) strategic
848	planning, and (e) pending or threatened litigation.
849	Section 13. The Hospital and any related facilities
850	constructed, equipped, operated, and maintained under this act
851	will be for the preservation of public health, for the public
852	good, and for the use of the public of said district, and the
853	building, equipping, operation, construction, and maintenance of
854	such Hospital and related facilities authorized by this act
855	within such district is hereby found and declared to be for the
856	preservation of the public health and for the use and welfare of
857	the said Hospital District and the inhabitants thereof.
858	Section 14. The provisions of this act shall be liberally
859	construed in order to effectively carry out the purposes of this
860	act in the interest of the health, safety, and welfare of the
861	residents of the Hospital District.
862	Section 15. It is declared to be the legislative intent
863	that if any section, subsection, sentence, clause, or provision
864	of this act be held invalid, the remainder of this act shall not
865	be affected.
866	Section 16. In accordance with section 189.404(3), Florida
867	Statutes, the following subsections shall constitute the minimum
868	charter requirements for the District:
869	(1) The District is organized and exists for the purpose
870	set forth in this act, as it may be amended from time to time.
871	(2) The powers, functions, and duties of the District,
872	including, but not limited to, ad valorem taxation, bond
873	issuance, other revenue-raising capabilities, budget preparation
874	and approval, liens and foreclosure of liens, use of tax deeds
875	and tax certificates as appropriate for non-ad valorem
876	assessments, and contractual agreements shall be as set forth in
877	this act, chapters 189 and 197, Florida Statutes, or any other
878	applicable general or special law, as they may be amended from
879	time to time.
880	(3) The District was created by special act of the Florida
881	Legislature by chapter 59-1121, Laws of Florida, as amended.
882	(4) The District's charter may be amended only by special
883	act of the Legislature.
884	(5) In accordance with chapter 189, Florida Statutes, and
885	this act, the District is governed by a 12-member Board as
886	provided for herein.
887	(6) The compensation of the Board Members shall be as
888	provided for by this act.
889	(7) The administrative duties of the Board shall be as set
890	forth in this act and chapter 189, Florida Statutes, as they may
891	be amended from time to time.
892	(8) Requirements for financial disclosure, meeting
893	notices, reporting, public records maintenance, and per diem
894	expenses for officers and employees shall be as set forth in
895	chapters 112, 119, 189, and 286, Florida Statutes, and this act,
896	as they may be amended from time to time.
897	(9) The procedures and requirements governing the issuance
898	of bonds, notes, and other evidence of indebtedness by the
899	District shall be as set forth in this act and applicable
900	general laws, as they may be amended from time to time.
901	(10) The procedures for conducting any required District
902	elections or referenda, and for qualification of electors, shall
903	be pursuant to this act and chapter 189, Florida Statutes, as
904	they may be amended from time to time.
905	(11) The District may be financed by any method
906	established in this act and applicable general laws, as they may
907	be amended from time to time.
908	(12) The District does not collect non-ad valorem
909	assessments, fees, or service charges as set forth in chapter
910	197, Florida Statutes.
911	(13) The District's planning requirements shall be as set
912	forth in chapter 189, Florida Statutes, and this act, as they
913	may be amended from time to time.
914	(14) The District's geographic boundary limitations shall
915	be as set forth in this act.
916	(15) This section shall not be construed to limit or
917	restrict any of the powers vested in said Board by any other
918	section or provision of this act.
919	Section 4. If any provision of this act or the application
920	thereof to any person or circumstance is held invalid, the
921	invalidity shall not affect other provisions or applications of
922	the act which can be given effect without the invalid provision
923	or application, and to this end the provisions of this act are
924	declared severable.
925	Section 5. In the event of a conflict between the
926	provisions of this act and the provisions of any other act, the
927	provisions of this act shall control to the extent of such
928	conflict.
929	Section 6. This act shall be construed as a remedial act
930	and shall be liberally construed to promote the purpose for
931	which it is intended.
932	Section 7. Chapters 59-1121, 61-1903, 65-1290, 69-861, 75-
933	332, 81-345, and 86-426, Laws of Florida, are repealed.
934	Section 8. This act shall take effect upon becoming a law.