HB 0601 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 Cape Canaveral Hospital District,
13	Brevard County; providing legislative intent; codifying,
14	amending, and reenacting special acts relating to the
15	district; providing minimum charter requirements in
16	accordance with s. 189.404(3), F.S.; authorizing an
17	exchange of submerged lands under specified conditions;
18	declaring public purpose; approving any authorized
19	permitted activities; authorizing the district to prepare
20	a public facilities report and enact regulations to
21	implement such report; deeming the public facilities
22	report to be consistent with the City of Cocoa Beach’s
23	charter provisions and comprehensive plan regulating
24	height, density, and fill of submerged lands provided
25	specified state law standards are satisfied; providing
26	severability; providing applicability; providing for
27	liberal construction; repealing chapters 59-1121, 61-1903,
28	65-1290, 69-861, 75-332, 81-345, and 86-426, Laws of
29	Florida; providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1. Pursuant to section 189.429, Florida Statutes,
34	this act constitutes the codification of all special acts
35	relating to the Cape Canaveral Hospital District, an independent
36	special tax district. It is the intent of the Legislature in
37	enacting this law to provide a single, comprehensive special act
38	charter for the District, including all current legislative
39	authority granted to the District by its several legislative
40	enactments and any additional authority granted by this act. It
41	is further the intent of this act to preserve all District
42	authority in addition to any authority contained in general law.
43	Section 2. Chapters 59-1121, 61-1903, 65-1290, 69-861, 75-
44	332, 81-345, and 86-426, Laws of Florida, are codified,
45	reenacted, amended, and repealed as herein provided.
46	Section 3. The Cape Canaveral Hospital District is re-
47	created, and the charter for such District is re-created and
48	reenacted to read:
49	Section 1. An independent special tax district is hereby
50	created and incorporated and shall be known as "the Cape
51	Canaveral Hospital District” in Brevard County. The Cape
52	Canaveral Hospital District shall support the health and welfare
53	of all those in the District’s boundaries and the surrounding
54	communities by providing health care facilities and services to
55	all those in need regardless of ability to pay. The Cape
56	Canaveral Hospital District is created for the purpose of
57	planning, building, constructing, repairing, fixing, equipping,
58	furnishing, supplying, operating, maintaining, and leasing a
59	hospital and related facilities, and to fund, support, organize,
60	and participate in such other health care related projects as
61	authorized by the Board. The District shall embrace and include
62	that part of Brevard County bounded and described as:
63
64	Those lands bounded on the north by the north line
65	of Section 14 and the north line, produced west, of
66	Section 15, Township 24 South, Range 37 East; on
67	the west by the west boundary of the Banana River;
68	on the south by a line parallel to and 988.6 feet
69	south of the north line, produced west, of Section
70	35, Township 25 South, Range 37 East; and on the
71	east by the waters of the Atlantic Ocean.
72
73	Section 2. All references herein to the Hospital District
74	mean the Cape Canaveral Hospital District; all references herein
75	to the Board mean the Cape Canaveral Hospital District Board;
76	all references herein to the Hospital mean the Cape Canaveral
77	Hospital; and all references to the Hospital Board mean the
78	Board of Trustees of Cape Canaveral Hospital, Inc.
79	Section 3. The governing authority or body of the Hospital
80	District shall be known as the Cape Canaveral Hospital District
81	Board and the Board shall constitute a body politic and a body
82	corporate; it shall have perpetual existence; it shall adopt and
83	use a common seal and may alter the same; it may contract and be
84	contracted with; and it may sue and be sued in its corporate
85	name.
86	Section 4(A). So long as the Cape Canaveral Hospital
87	District Board has direct responsibility for the operation and
88	management of the hospital facility, and does not lease the
89	hospital facility to a not-for-profit corporation, the Board
90	shall have the following additional powers:
91	(1) To acquire by grant, purchase, lease, devise, gift,
92	bequest, or condemnation, or in any other manner, real or
93	personal property, or any estate or interest therein, within or
94	without the Hospital District, which by resolution the Board
95	shall determine to be necessary for the purposes of the Hospital
96	District, said determination to be conclusive, except in case of
97	fraud or gross abuse of discretion; and to improve, maintain,
98	sell, lease, mortgage, or otherwise encumber the same, any part
99	thereof, or any interest therein upon such terms and conditions
100	as the Board shall fix and determine, and said determination
101	shall be deemed conclusive, except in case of fraud or gross
102	abuse of discretion.
103	(2) To plan, build, construct, repair, fix, purchase,
104	sell, mortgage, encumber, furnish, equip, supply, operate,
105	manage, maintain, and conduct a hospital and any facilities,
106	buildings, schools, and structures related to and customarily
107	used, conducted, or operated in conjunction with a hospital or
108	the provision of health care related services; however, in no
109	event shall the Board sell the hospital facilities without first
110	receiving the approval by a majority vote of the duly qualified
111	electors who reside within the Hospital District and who vote in
112	the election. Prior to any such sale, the qualified electors who
113	reside within the District shall by affirmative vote consent to
114	such sale of the hospital facilities, which consent must also
115	approve the terms and conditions of the sale and the disposition
116	of the sale proceeds. The vote on this issue may be received at
117	a general or special election to be held within the Hospital
118	District which shall not be called until notice thereof has been
119	published in a newspaper of general circulation within the
120	Hospital District once a week for 4 consecutive weeks prior to
121	the week during which the general or special election will be
122	held. If a majority of the electors who vote in the general or
123	special election shall vote in favor of the sale of the hospital
124	facilities and if they shall approve the terms and conditions of
125	the sale, the Board shall have the authority to consummate the
126	sale upon the terms and conditions thus approved by the
127	electors. In the event that the duly qualified electors shall
128	not ratify and approve the sale along with its terms and
129	conditions, the Board shall not have the authority to consummate
130	the sale of the hospital facilities.
131	(3) To adopt all rules and regulations necessary for the
132	orderly, proper, and efficient operation of the Hospital,
133	including rules regulating the admission thereto and treatment
134	of patients of all classes, including charity patients who may
135	apply for admission to the Hospital and who shall be citizens of
136	the State of Florida and residents of the Hospital District; and
137	rules regulating the fees and charges to be made for the
138	admission and treatment therein of all other patients.
139	(4) To establish a medical staff of the hospital, herein
140	referred to as the medical staff, and to establish and designate
141	professional and other qualifications for membership, term of
142	membership, classes of membership, and types of privileges to be
143	exercised by members of the medical staff. The Board shall have
144	the power to appoint, remove, suspend, and otherwise regulate
145	members of the medical staff; to establish and designate
146	procedures to be followed by applicants for staff membership,
147	changes of class of membership, changes in types of privileges
148	to be exercised by members of the medical staff, and renewal of
149	membership on the medical staff; and to set forth such
150	procedures as shall seem fit and proper to the Board in the
151	bylaws of the Board and of the medical staff. The Board shall
152	request the advice of the medical staff on all applications for
153	membership on the medical staff, including advice on the class
154	of membership to be given to the applicants and the types of
155	privileges to be exercised by the applicants, renewal of
156	membership on the medical staff, changes in classes of
157	membership, and changes in privileges to be exercised by members
158	of the medical staff; however, such advice shall not be binding
159	on the Board and the final decision on such matters shall be
160	made by the Board. The Board shall provide in its bylaws and in
161	the medical staff bylaws procedures to be followed by such
162	applicants who may be aggrieved by any decisions of the medical
163	staff regarding its advice to the Board.
164	(5) To contract with individuals, partnerships, limited
165	liability companies, corporations, municipalities, political
166	subdivisions, agencies, or districts of the State of Florida,
167	the United States of America, or any of the several States
168	thereof, and any other country of the world and any political
169	subdivision thereof.
170	(6) To determine the sum or amount of money, over and
171	above and in addition to anticipated income and receipts to be
172	paid by the patients who will be treated in the Hospital, which
173	will be required during the ensuing fiscal year to pay and
174	satisfy all anticipated obligations and expenses to be incurred
175	by the Hospital during the said ensuing fiscal year in the
176	performance of the functions and purposes authorized under this
177	act, including debt service on any bonds which may be issued
178	hereunder; subject to the provision that the sum estimated by
179	the Board to be required to pay and satisfy the expenses of the
180	Hospital for all purposes, other than debt service on any bonds
181	which may have been issued hereunder, for said fiscal year shall
182	not exceed the amount which would be realized from a tax of 1
183	mill upon all real and personal property, less all such property
184	exempted from taxation by the Florida Constitution or the
185	Statutes of the State of Florida, located within the Hospital
186	District; and further subject to the provision that the sum
187	estimated by the Board to be required to pay and satisfy all
188	obligations and expenses incurred by the Hospital for all
189	purposes, including debt service on any bonds which may have
190	been issued by the Hospital District hereunder, shall not exceed
191	the amount which would be realized from a tax of 2 1/4 mills
192	upon all real and personal property, less all such property
193	exempt from taxation by the Florida Constitution or the Statutes
194	of the State of Florida, located within the Hospital District.
195	Such determination shall be made by resolution of the Board and
196	it shall be the duty of the President and the Secretary of the
197	Board to certify to the Board of County Commissioners of Brevard
198	County the total sum which the Board believes and estimates will
199	be required during the ensuing fiscal year to pay and satisfy
200	all expenses of the Hospital, except debt service on any bonds
201	which may have been issued hereunder, and the sum which the
202	Board believes and anticipates will be required for debt service
203	on said bonds, in the event that any bonds have been issued and
204	sold hereunder by the Hospital District.
205	The Board of County Commissioners of Brevard County, upon
206	being furnished a certified copy of the resolution of the Board,
207	shall levy the necessary millage against all real and personal
208	property, less all such property exempt from taxation by the
209	Florida Constitution or the Statutes of the State of Florida,
210	situated within the Hospital District, required to raise such
211	amount, provided such millage shall not exceed 1 mill for all
212	expenses of the Hospital other than debt service on any bonds
213	which may have been issued and sold hereunder and shall not
214	exceed 2 1/4 mills for all obligations and expenses of the
215	Hospital including debt service on any such bonds. The certified
216	copy of the resolution of the Board shall be filed with the
217	Board of County Commissioners of Brevard County not less than 10
218	days prior to the time fixed by law for the levy of general
219	county taxes, and all taxes so levied by the Board of County
220	Commissioners of Brevard County for the Board shall be collected
221	by the Tax Collector of Brevard County and paid over to the
222	Board.
223	(7) To appoint, comply, hire, and discharge such agents,
224	employees, servants, or other employees, including attorneys,
225	accountants, architects, administrators, and other nonmedical
226	professional agents or employees, as may be required to carry
227	out the purposes of this act; to prescribe their duties,
228	authority, and responsibilities; and to fix their salaries,
229	wages, or compensation.
230	(8) To designate a depository or depositories for the
231	funds of the Board and to establish by resolution of the Board
232	the method and authority under which such funds may be withdrawn
233	from such depository or depositories, provided, however, that
234	any officer of the Board or any agent or employee thereof, who
235	shall be authorized to sign checks, drafts, orders, or warrants
236	on any account of the Board, shall first execute a bond in favor
237	of the Board in a penal sum of $25,000 with a surety company
238	authorized to do business in the State of Florida. The aforesaid
239	bonds shall be conditioned upon the faithful performance of the
240	duties of such officers, agents, or employees and shall be
241	approved by the remaining members of the Board, and the premiums
242	on all such bonds shall be paid by the Board.
243	(9) To designate by resolution a fiscal year for the
244	Hospital District and to change the same from time to time.
245	(10) To issue bonds of the Hospital District to finance
246	the planning, purchase, lease, construction, furnishing, and
247	equipping of any buildings, facilities, or land therefor, which
248	the Board is authorized to purchase, lease, build, construct,
249	and operate, which bonds may be payable from the taxes herein
250	authorized, and for the payment of which the full faith and
251	credit of the Hospital District may be pledged, in an amount
252	never to exceed 20 percent of the total assessed valuation or
253	market valuation, whichever is greater, as determined by Brevard
254	County, of all taxable property within the limits of the
255	Hospital District. Such bonds shall be signed in the name of the
256	Hospital District by the President of the Board, shall be
257	attested by the Secretary of the Board, shall be under the seal
258	of the Hospital District, may bear interest coupons to be signed
259	with the facsimile signature of the Secretary of the Board, and
260	may be of such denominations as shall be determined by the
261	Hospital Board. Said bonds may bear interest at a rate to be
262	fixed by the Board; however, said rate of interest shall not
263	exceed that provided by general law and shall be payable either
264	annually or semiannually. Said bonds shall be due not more than
265	40 years from the date thereof.
266	Prior to the issuance of any such bonds, the Board shall by
267	resolution authorize the issuance of the same, fixing the
268	aggregate amount of the proposed issue, the denomination, the
269	rate of interest, the purpose for which the moneys derived
270	therefrom shall be expended, and the maturity of the bonds
271	either in serial form or all to mature at a fixed date, and
272	shall provide for and create a sinking fund to pay the principal
273	and interest of the said bonds as the same shall mature. The
274	bonds may be sold by the Board at public sale, or sealed bids,
275	after advertisement for sale at least once a week for 3
276	consecutive weeks in a newspaper published in Brevard County
277	having a general circulation in the Hospital District, or
278	advertisement of the said sale may, at the option of the Board,
279	be published once a week for 2 consecutive weeks in a financial
280	paper published in the City of New York. If the bonds are not
281	sold after either of such advertisements, the bonds may be sold
282	at private sale at any time after the date advertised for the
283	reception of the sealed bids; however, no bonds shall be sold
284	for less than 95 percent of the par value thereof, with accrued
285	interest, and no private sale of the bonds shall be made at a
286	price lower than the best sealed bid received therefor.
287	All bonds issued and sold by the Hospital District under
288	the provisions of this act, or under the laws of the State of
289	Florida, shall be, constitute, and have all of the qualities and
290	incidents of negotiable instruments under the law merchant and
291	the Negotiable Instrument Law of the State of Florida; shall be
292	incontestable in the hands of bona fide purchasers or holders
293	for value; and shall not be invalid because of any irregularity
294	or defect in the proceedings for the issue and sale thereof.
295	No general obligation bonds for the payment of which the
296	full faith and credit of the Hospital District shall be pledged
297	or obligated shall be issued and sold, unless the issuance of
298	the same shall have been approved by the majority of the votes
299	cast in a freeholders’ election in which a majority of the
300	freeholders who are qualified electors residing within the
301	Hospital District shall participate and said election shall be
302	held in the manner provided by the Florida Constitution and
303	applicable Statutes of the State of Florida relating to the
304	calling and holding of freeholders' elections for the approval
305	of the issuance of bonds by special tax districts.
306	The payment of any general obligation bonds, including
307	interest thereon, issued and sold by the Hospital District shall
308	be secured by a first lien against the taxes to be levied by the
309	Board of County Commissioners of Brevard County as authorized by
310	this act to the extent that such taxes may be required to pay
311	such interest and principal, and the Board shall certify to the
312	Board of County Commissioners of Brevard County each year, as
313	herein provided, such sums as may be required for debt service
314	on said bonds and to pay the interest and principal thereon, and
315	the Board of County Commissioners of Brevard County shall levy
316	such taxes, within the limits specified in this act, as will be
317	required for said debt service on said bonds.
318	(11)(a) To provide by resolution at one time or from time
319	to time for the issuance of Revenue Certificates of the Hospital
320	District for the purpose of paying all or a part of the cost of
321	acquisition, construction, planning, leasing, repairing,
322	extensions to, additions, equipping, and reconstruction of any
323	hospital buildings and facilities of the Hospital District. The
324	Certificates of each issue shall be dated, shall bear interest
325	at a rate to be fixed by the Board, however, said rate of
326	interest shall not exceed that provided by general law, shall
327	mature at such time or times, not exceeding 40 years from their
328	date or dates, as may be determined by the Board, and may be
329	made redeemable before maturity, at the option of the Board, at
330	such price or prices and under such terms and conditions as may
331	be fixed by the Board prior to the issuance of the Certificates.
332	The Board shall determine the form of the Certificates,
333	including any interest coupons to be attached thereto, and the
334	manner of execution of the Certificates and coupons to be
335	attached thereto, and shall fix the denomination or
336	denominations of the Certificates and the place or places of
337	payment of principal and interest, which may be at any bank or
338	trust company within or without the State. In case any officer
339	whose signature or a facsimile of whose signature shall appear
340	on any certificates or coupons shall cease to be such officer
341	before the delivery of such Certificates, such signature or such
342	facsimile shall nevertheless be valid and sufficient for all
343	purposes the same as if he or she had remained in office until
344	such delivery. All Certificates issued under the provisions of
345	this act shall have and are hereby declared to have all the
346	qualities and incidents of negotiable instruments under the
347	negotiable instruments laws of the State. The Certificates may
348	be issued in coupon or in registered form, or both, as the Board
349	may determine, and provisions may be made for the registration
350	of any coupon Certificates as to principal alone and also as to
351	both principal and interest and for the reconversion into coupon
352	Certificates of any Certificates registered as to both principal
353	and interest. The issuance of such Certificates shall not be
354	subject to any limitations or conditions contained in any other
355	law, and the Board may sell such Certificates in such manner and
356	for such price as it may determine to be for the best interest
357	of the Board, but no such sale shall be made at a price so low
358	as to require the payment of interest on the money received
359	therefor which shall exceed that provided by general law,
360	computed with relation to the absolute maturity of the
361	Certificates in accordance with standard tables of certificate
362	values, excluding, however, from such computations the amount of
363	any premium to be paid on redemption of any Certificates prior
364	to maturity. Prior to the preparation of definitive
365	Certificates, the Board may, under like restrictions, issue
366	interim receipts or temporary Certificates with or without
367	coupons, exchangeable for definitive Certificates when such
368	Certificates have been executed and are available for delivery.
369	The Board may also provide for the replacement of any
370	Certificates which shall be mutilated, destroyed, or lost.
371	(b) Certificates may be issued under the provisions of
372	this act without obtaining the consent of any commission, board,
373	bureau, or agency of the State or County and without any other
374	proceedings or the happening of any other condition or thing
375	than those proceedings, conditions, or things which are
376	specifically required by this act.
377	(c) The proceeds of the Certificates shall be used solely
378	for the payment of the cost of the hospital facilities for which
379	such Certificates shall have been authorized and shall be
380	disbursed in the manner provided in the resolution or in the
381	Trust Agreement authorizing the issuance of such Certificates.
382	If the proceeds of the Certificates of any issue shall exceed
383	the amount required for the purpose for which the same shall
384	have been issued, the surplus shall be set aside and used only
385	for the payment of the cost of additional projects or for the
386	payment of the principal of and interest on such Certificates.
387	In the event that the actual cost of the project exceeds the
388	estimated cost, the Board may issue additional Certificates to
389	cover the deficiency, subject to the same restrictions as
390	required for the original issue.
391	(d) Revenue Certificates issued under the provisions of
392	this act may be payable from the revenue derived from the
393	operation of any hospital facility or combination of hospital
394	facilities of the Hospital District under the supervision,
395	operation, and control of the Hospital Board and from any other
396	funds legally available therefor. The issuance of such Revenue
397	Certificates shall not directly, indirectly, or contingently
398	obligate the State, the Board, or the Hospital District to levy
399	any ad valorem taxes or to make any appropriations for their
400	payment or for the operation and maintenance of the hospital
401	facilities of the Hospital District.
402	(e) The Board shall not convey or mortgage any hospital
403	facility or any part thereof as security for the payment of the
404	Revenue Certificates.
405	(f) In the discretion of the Board, each or any issue of
406	such Revenue Certificates may be secured by a Trust Agreement by
407	and between the Hospital District and a corporate trustee, which
408	may be any trust company or bank having the powers of a trust
409	company within or without the State. Such Trust Agreement may
410	pledge or assign the revenues to be received by the Board. The
411	resolution providing for the issuance of Revenue Certificates or
412	such Trust Agreement may contain such provisions for protecting
413	and enforcing the rights and remedies of the Certificate holders
414	as may be reasonable, proper, and not in violation of law,
415	including covenants setting forth the duties of the Board in
416	relation to the acquisition, construction, improvement,
417	maintenance, operation, repair, equipping, and insurance of the
418	hospital facilities, and the custody, safeguarding, and
419	application of all moneys. It shall be lawful for any bank or
420	trust company incorporated under the laws of this State to act
421	as such depository and to furnish such indemnifying certificates
422	or to pledge such securities as may be required by the Board.
423	Such resolution or such Trust Agreement may restrict the
424	individual right of action by Certificate holders as is
425	customary in Trust Agreements securing certificates or
426	debentures of corporations. In addition to the foregoing, such
427	resolution or such Trust Agreement may contain such other
428	provisions as the Board may deem reasonable and proper for the
429	security of the Certificate holders. Except as otherwise
430	provided in this act, the Board may provide, by resolution or by
431	Trust Agreement, for the payment of the proceeds of the sale of
432	the Revenue Certificates and the revenues of the facilities to
433	such officer, board, or depository as it may determine for the
434	custody thereof, and for the method of disbursement thereof,
435	with such safeguards and restrictions as it may determine. All
436	expenses incurred in carrying out such Trust Agreement may be
437	treated as a part of the cost of operation of the facilities
438	affected by such Trust Agreement.
439	(g) The resolution or Trust Agreement providing for the
440	issuance of the Revenue Certificates may also contain such
441	limitations upon the issuance of additional Revenue Certificates
442	as the Hospital District may deem proper, and such additional
443	Certificates shall be issued under such restriction or
444	limitations as may be prescribed by such resolution or Trust
445	Agreement.
446	(h) The Board is hereby authorized to provide by
447	resolution for the issuance of Refunding Revenue Certificates
448	for the purpose of refunding any Revenue Certificates,
449	respectively, then outstanding and issued under the provisions
450	of this act. The Board is further authorized to provide by
451	resolution for the issuance of Revenue Certificates for the
452	combined purpose of (1) paying the cost of any acquisition,
453	construction, planning, leasing, extension to, addition,
454	improving, equipping, or reconstruction of a facility or
455	facilities of the Hospital District, and (2) refunding Revenue
456	Certificates of the Hospital District which shall theretofore
457	have been issued under the provisions of this act and shall then
458	be outstanding. The issuance of such obligations, the maturities
459	and other details thereof, the right and remedies of the holders
460	thereof, and the rights, powers, privileges, duties, and
461	obligations of the Hospital District with respect to the same
462	shall be governed by the foregoing provisions of this act
463	insofar as the same may be applicable.
464	(12) To provide a retirement program for the Hospital
465	District’s employees who become covered by the program, to
466	establish qualifications for coverage under the program, to pay
467	part of the cost of such program, to contract with any insurance
468	company licensed to do business in Florida for the establishment
469	and operation of the program, to charge its covered employees
470	for the employees’ share of the cost of the program, and to take
471	such other action as may be necessary to establish and operate
472	the retirement program. Said Board shall have the power to
473	withdraw, by resolution, from the State and County Officers and
474	Employees’ Retirement System as established by chapter 122,
475	Florida Statutes, and this provision shall specifically amend
476	section 122.061, Florida Statutes, insofar as the section
477	prohibits the withdrawal of the Cape Canaveral Hospital
478	employees from the retirement system. In the event that the
479	Board shall adopt a resolution by which the employees of the
480	Hospital District shall be withdrawn from the State and County
481	Officers and Employees’ Retirement System, such withdrawal shall
482	become effective on July 1 following the adoption of the
483	resolution, and the Board shall send a certified copy of the
484	resolution to the Chief Financial Officer of the State.
485	Beginning on July 1 following the adoption of the resolution,
486	the Hospital District shall not be required to contribute to the
487	State and County Officers and Employees’ Retirement System.
488	Section 4(B). In the event that the Board no longer has
489	responsibility for operation and management of Cape Canaveral
490	Hospital by heretofore or hereafter leasing the hospital
491	facilities to a not-for-profit corporation, so long as such
492	lease remains in force and effect, the Board shall not have the
493	powers contained in section 4(A) hereof but shall have the
494	following additional powers:
495	(1) To acquire by grant, purchase, lease, devise, gift,
496	bequest, or condemnation, or in any other manner, real or
497	personal property, or any estate or interest therein, within or
498	without the Hospital District, which by resolution the Board
499	shall determine to be necessary for the purposes of the Hospital
500	District, said determination to be conclusive, except in case of
501	fraud or gross abuse of discretion; and to improve, maintain,
502	sell, lease, mortgage, or otherwise encumber the same, any part
503	thereof, or any interest therein upon such terms and conditions
504	as the Board shall fix and determine, and said determination
505	shall be deemed conclusive, except in case of fraud or gross
506	abuse of discretion.
507	(2) To contract with individuals, partnerships, limited
508	liability companies, corporations, municipalities, political
509	subdivisions, agencies, or districts of the State of Florida,
510	the United States of America, or any of the several States
511	thereof, and any other country of the world and any political
512	subdivision thereof.
513	(3) To determine the sum or amount of money, over and
514	above and in addition to anticipated income and receipts to be
515	paid by the patients who will be treated in the Hospital, which
516	will be required during the ensuing fiscal year to pay and
517	satisfy all anticipated obligations and expenses to be incurred
518	by the Hospital during the said ensuing fiscal year in the
519	performance of the functions and purposes authorized under this
520	act, including debt service on any bonds which may be issued
521	hereunder; subject to the provision that the sum estimated by
522	the Board to be required to pay and satisfy the expenses of the
523	Hospital for all purposes, other than debt service on any bonds
524	which may have been issued hereunder, for said fiscal year shall
525	not exceed the amount which would be realized from a tax of 1
526	mill upon all real and personal property, less all such property
527	exempted from taxation by the Florida Constitution or the
528	Statutes of the State of Florida, located within the Hospital
529	District; and further subject to the provision that the sum
530	estimated by the Board to be required to pay and satisfy all
531	obligations and expenses incurred by the Hospital for all
532	purposes, including debt service on any bonds which may have
533	been issued by the Hospital District hereunder, shall not exceed
534	the amount which would be realized from a tax of 2 1/4 mills
535	upon all real and personal property, less all such property
536	exempt from taxation by the Florida Constitution or the Statutes
537	of the State of Florida, located within the Hospital District.
538	Such determination shall be made by resolution of the Board and
539	it shall be the duty of the President and the Secretary of the
540	Board to certify to the Board of County Commissioners of Brevard
541	County the total sum which the Board believes and estimates will
542	be required during the ensuing fiscal year to pay and satisfy
543	all expenses of the Hospital, except debt service on any bonds
544	which may have been issued hereunder, and the sum which the
545	Board believes and anticipates will be required for debt service
546	on said bonds, in the event that any bonds have been issued and
547	sold hereunder by the Hospital District.
548	The Board of County Commissioners of Brevard County, upon
549	being furnished a certified copy of the resolution of the Board,
550	shall levy the necessary millage against all real and personal
551	property, less all such property exempt from taxation by the
552	Florida Constitution or the Statutes of the State of Florida,
553	situated within the Hospital District, required to raise such
554	amount, provided such millage shall not exceed 1 mill for all
555	expenses of the Hospital other than debt service on any bonds
556	which may have been issued and sold hereunder and shall not
557	exceed 2 1/4 mills for all obligations and expenses of the
558	Hospital including debt service on any such bonds. The certified
559	copy of the resolution of the Board shall be filed with the
560	Board of County Commissioners of Brevard County not less than 10
561	days prior to the time fixed by law for the levy of general
562	county taxes, and all taxes so levied by the Board of County
563	Commissioners of Brevard County for the Board shall be collected
564	by the Tax Collector of Brevard County and paid over to the
565	Board.
566	(4) To designate a depository or depositories for the
567	funds of the Board and to establish by resolution of the Board
568	the method and authority under which such funds may be withdrawn
569	from such depository or depositories, provided, however, that
570	any officer of the Board or any agent or employee thereof, who
571	shall be authorized to sign checks, drafts, orders, or warrants
572	on any account of the Board, shall first execute a bond in favor
573	of the Board in a penal sum of $25,000 with a surety company
574	authorized to do business in the State of Florida. The aforesaid
575	bonds shall be conditioned upon the faithful performance of the
576	duties of such officers, agents, or employees and shall be
577	approved by the remaining members of the Board, and the premiums
578	on all such bonds shall be paid by the Board.
579	(5) To designate by resolution a fiscal year for the
580	Hospital District and to change the same from time to time.
581	(6) To issue bonds of the Hospital District to finance the
582	planning, purchase, lease, construction, furnishing, and
583	equipping of any buildings, facilities, or land therefor, which
584	the Board is authorized to purchase, lease, build, construct,
585	and operate, which bonds may be payable from the taxes herein
586	authorized, and for the payment of which the full faith and
587	credit of the Hospital District may be pledged, in an amount
588	never to exceed 20 percent of the total assessed valuation or
589	market valuation, whichever is greater, as determined by Brevard
590	County, of all taxable property within the limits of the
591	Hospital District. Such bonds shall be signed in the name of the
592	Hospital District by the President of the Board, shall be
593	attested by the Secretary of the Board, shall be under the seal
594	of the Hospital District, may bear interest coupons to be signed
595	with the facsimile signature of the Secretary of the Board, and
596	may be of such denominations as shall be determined by the
597	Hospital Board. Said bonds may bear interest at a rate to be
598	fixed by the Board; however, said rate of interest shall not
599	exceed that provided by general law and shall be payable either
600	annually or semiannually. Said bonds shall be due not more than
601	40 years from the date thereof.
602	Prior to the issuance of any such bonds, the Board shall by
603	resolution authorize the issuance of the same, fixing the
604	aggregate amount of the proposed issue, the denomination, the
605	rate of interest, the purpose for which the moneys derived
606	therefrom shall be expended, and the maturity of the bonds,
607	either in serial form or all to mature at a fixed date, and
608	shall provide for and create a sinking fund to pay the principal
609	and interest of the said bonds as the same shall mature. The
610	bonds may be sold by the Board at public sale, or sealed bids,
611	after advertisement for sale at least once a week for 3
612	consecutive weeks in a newspaper published in Brevard County
613	having a general circulation in the Hospital District, or
614	advertisement of the said sale may, at the option of the Board,
615	be published once a week for 2 consecutive weeks in a financial
616	paper published in the City of New York. If the bonds are not
617	sold after either of such advertisements, the bonds may be sold
618	at private sale at any time after the date advertised for the
619	reception of the sealed bids; however, no bonds shall be sold
620	for less than 95 percent of the par value thereof, with accrued
621	interest, and no private sale of the bonds shall be made at a
622	price lower than the best sealed bid received therefor.
623	All bonds issued and sold by the Hospital District under
624	the provisions of this act, or under the laws of the State of
625	Florida, shall be, constitute, and have all of the qualities and
626	incidents of negotiable instruments under the law merchant and
627	the Negotiable Instrument Law of the State of Florida; shall be
628	incontestable in the hands of bona fide purchasers or holders
629	for value; and shall not be invalid because of any irregularity
630	or defect in the proceedings for the issue and sale thereof.
631	No general obligation bonds for the payment of which the
632	full faith and credit of the Hospital District shall be pledged
633	or obligated shall be issued and sold, unless the issuance of
634	the same shall have been approved by the majority of the votes
635	cast in a freeholders’ election in which a majority of the
636	freeholders who are qualified electors residing within the
637	Hospital District shall participate and said election shall be
638	held in the manner provided by the Florida Constitution and
639	applicable Statutes of the State of Florida relating to the
640	calling and holding of freeholders' elections for the approval
641	of the issuance of bonds by special tax districts.
642	The payment of any general obligation bonds, including
643	interest thereon, issued and sold by the Hospital District shall
644	be secured by a first lien against the taxes to be levied by the
645	Board of County Commissioners of Brevard County as authorized by
646	this act to the extent that such taxes may be required to pay
647	such interest and principal, and the Board shall certify to the
648	Board of County Commissioners of Brevard County each year, as
649	herein provided, such sums as may be required for debt service
650	on said bonds and to pay the interest and principal thereon, and
651	the Board of County Commissioners of Brevard County shall levy
652	such taxes, within the limits specified in this act, as will be
653	required for said debt service on said bonds.
654	(7) To provide by resolution at one time or from time to
655	time for the issuance of Revenue Certificates of the Hospital
656	District for the purpose of paying all or a part of the cost of
657	acquisition, construction, planning, leasing, repairing,
658	extensions to, additions, equipping, and reconstruction of any
659	hospital buildings and facilities of the Hospital District. The
660	Certificates of each issue shall be dated, shall bear interest
661	at a rate to be fixed by the Board, however, said rate of
662	interest shall not exceed that provided by general law, shall
663	mature at such time or times, not exceeding 40 years from their
664	date or dates, as may be determined by the Board, and may be
665	made redeemable before maturity, at the option of the Board, at
666	such price or prices and under such terms and conditions as may
667	be fixed by the Board prior to the issuance of the Certificates.
668	The Board shall determine the form of the Certificates,
669	including any interest coupons to be attached thereto, and the
670	manner of execution of the Certificates and coupons to be
671	attached thereto, and shall fix the denomination or
672	denominations of the Certificates and the place or places of
673	payment of principal and interest, which may be at any bank or
674	trust company within or without the State. In case any officer
675	whose signature or a facsimile of whose signature shall appear
676	on any certificates or coupons shall cease to be such officer
677	before the delivery of such Certificates, such signature or such
678	facsimile shall nevertheless be valid and sufficient for all
679	purposes the same as if he or she had remained in office until
680	such delivery. All Certificates issued under the provisions of
681	this act shall have and are hereby declared to have all the
682	qualities and incidents of negotiable instruments under the
683	negotiable instruments laws of the State. The Certificates may
684	be issued in coupon or in registered form, or both, as the Board
685	may determine, and provisions may be made for the registration
686	of any coupon Certificates as to principal alone and also as to
687	both principal and interest and for the reconversion into coupon
688	Certificates of any Certificates registered as to both principal
689	and interest. The issuance of such Certificates shall not be
690	subject to any limitations or conditions contained in any other
691	law, and the Board may sell such Certificates in such manner and
692	for such price as it may determine to be for the best interest
693	of the Board, but no such sale shall be made at a price so low
694	as to require the payment of interest on the money received
695	therefor which shall exceed that provided by general law,
696	computed with relation to the absolute maturity of the
697	Certificates in accordance with standard tables of certificate
698	values, excluding, however, from such computations the amount of
699	any premium to be paid on redemption of any Certificates prior
700	to maturity. Prior to the preparation of definitive
701	Certificates, the Board may, under like restrictions, issue
702	interim receipts or temporary Certificates with or without
703	coupons, exchangeable for definitive Certificates when such
704	Certificates have been executed and are available for delivery.
705	The Board may also provide for the replacement of any
706	Certificates which shall be mutilated, destroyed, or lost.
707	Certificates may be issued under the provisions of this act
708	without obtaining the consent of any commission, board, bureau,
709	or agency of the State or County and without any other
710	proceedings or the happening of any other condition or thing
711	than those proceedings, conditions, or things which are
712	specifically required by this act.
713	The proceeds of the Certificates shall be used solely for
714	the payment of the cost of the hospital facilities for which
715	such Certificates shall have been authorized and shall be
716	disbursed in the manner provided in the resolution or in the
717	Trust Agreement authorizing the issuance of such Certificates.
718	If the proceeds of the Certificates of any issue shall exceed
719	the amount required for the purpose for which the same shall
720	have been issued, the surplus shall be set aside and used only
721	for the payment of the cost of additional projects or for the
722	payment of the principal of and interest on such Certificates.
723	In the event that the actual cost of the project exceeds the
724	estimated cost, the Board may issue additional Certificates to
725	cover the deficiency, subject to the same restrictions as
726	required for the original issue.
727	Revenue Certificates issued under the provisions of this
728	act may be payable from the revenue derived from the operation
729	of any hospital facility or combination of hospital facilities
730	of the Hospital District under the supervision, operation, and
731	control of the Hospital Board and from any other funds legally
732	available therefor. The issuance of such Revenue Certificates
733	shall not directly, indirectly, or contingently obligate the
734	State, the Board, or the Hospital District to levy any ad
735	valorem taxes or to make any appropriations for their payment or
736	for the operation and maintenance of the hospital facilities of
737	the Hospital District.
738	The Board shall not convey or mortgage any hospital
739	facility or any part thereof as security for the payment of the
740	Revenue Certificates.
741	In the discretion of the Board, each or any issue of such
742	Revenue Certificates may be secured by a Trust Agreement by and
743	between the Hospital District and a corporate trustee, which may
744	be any trust company or bank having the powers of a trust
745	company within or without the State. Such Trust Agreement may
746	pledge or assign the revenues to be received by the Board. The
747	resolution providing for the issuance of Revenue Certificates or
748	such Trust Agreement may contain such provisions for protecting
749	and enforcing the rights and remedies of the Certificate holders
750	as may be reasonable, proper, and not in violation of law,
751	including covenants setting forth the duties of the Board in
752	relation to the acquisition, construction, improvement,
753	maintenance, operation, repair, equipping, and insurance of the
754	hospital facilities, and the custody, safeguarding, and
755	application of all moneys. It shall be lawful for any bank or
756	trust company incorporated under the laws of this State to act
757	as such depository and to furnish such indemnifying certificates
758	or to pledge such securities as may be required by the Board.
759	Such resolution or such Trust Agreement may restrict the
760	individual right of action by Certificate holders as is
761	customary in Trust Agreements securing certificates or
762	debentures of corporations. In addition to the foregoing, such
763	resolution or such Trust Agreement may contain such other
764	provisions as the Board may deem reasonable and proper for the
765	security of the Certificate holders. Except as otherwise
766	provided in this act, the Board may provide, by resolution or by
767	Trust Agreement, for the payment of the proceeds of the sale of
768	the Revenue Certificates and the revenues of the facilities to
769	such officer, board, or depository as it may determine for the
770	custody thereof, and for the method of disbursement thereof,
771	with such safeguards and restrictions as it may determine. All
772	expenses incurred in carrying out such Trust Agreement may be
773	treated as a part of the cost of operation of the facilities
774	affected by such Trust Agreement.
775	The resolution or Trust Agreement providing for the
776	issuance of the Revenue Certificates may also contain such
777	limitations upon the issuance of additional Revenue Certificates
778	as the Hospital District may deem proper, and such additional
779	Certificates shall be issued under such restriction or
780	limitations as may be prescribed by such resolution or Trust
781	Agreement.
782	The Board is hereby authorized to provide by resolution for
783	the issuance of Refunding Revenue Certificates for the purpose
784	of refunding any Revenue Certificates, respectively, then
785	outstanding and issued under the provisions of this act. The
786	Board is further authorized to provide by resolution for the
787	issuance of Revenue Certificates for the combined purpose of(1)
788	paying the cost of any acquisition, construction, planning,
789	leasing, extension to, addition, improving, equipping, or
790	reconstruction of a facility or facilities of the Hospital
791	District, and (2) refunding Revenue Certificates of the Hospital
792	District which shall theretofore have been issued under the
793	provisions of this act and shall then be outstanding. The
794	issuance of such obligations, the maturities and other details
795	thereof, the right and remedies of the holders thereof, and the
796	rights, powers, privileges, duties, and obligations of the
797	Hospital District with respect to the same shall be governed by
798	the foregoing provisions of this act insofar as the same may be
799	applicable.
800	Section 5. The governing authority of the Hospital
801	District is hereby created and designated as the Cape Canaveral
802	Hospital District Board, and it shall consist of 12 members,
803	each of whom shall be a qualified elector residing within the
804	Hospital District.
805	Section 6. Each member of the Board shall serve for a term
806	of 4 years or until his or her successor has been appointed and
807	qualified. Each member shall serve without compensation. In the
808	event that the Board shall heretofore or hereafter lease the
809	hospital facilities to a nonprofit corporation, the members of
810	the Board of Directors or Trustees of such nonprofit corporation
811	shall also serve on a voluntary basis without compensation.
812	After October 1, 1989, no more than 1/2 of the members of the
813	Board shall also serve as members of the Board of Directors or
814	Trustees of any Lessee nonprofit corporation.
815	Section 7. The Governor of the State of Florida shall
816	appoint the successors to the Board upon expiration of the term
817	of office of each member or upon the death, resignation, or
818	removal of a member of the Board. Any member appointed to fill a
819	vacancy on the Board caused by the death, resignation, or
820	removal of a member shall serve for the balance of the term of
821	office of the member whom he or she succeeded.
822	Section 8. The Board shall elect from its own members a
823	chair, vice chair, secretary, and treasurer, each of whom shall
824	serve for a term of 1 year or until his or her successor has
825	been elected and has qualified. The officers shall be elected
826	each year at the organizational meeting of the Board. If any
827	officer of the Board does not complete his or her term of
828	office, his or her successor shall be elected by the Board, and
829	any successor so elected shall serve the remainder of the term
830	of the succeeded officer. The duties, responsibilities,
831	authorities, and privileges of each of the officers of the Board
832	shall be stated in the Board bylaws.
833	Section 9. Seven members of the Board shall constitute a
834	quorum of the Board for the purpose of conducting business and
835	exercising its powers, and action may be taken by the Board only
836	upon the affirmative vote of a majority of the members of the
837	Board then serving.
838	Section 10. Regular meetings of the Board shall be held
839	annually at a time to be designated by the Board by resolution,
840	and at such other times as may be established by the Board, by
841	resolution thereof, in the event that the Board deems it
842	advisable to hold additional regular meetings. Special meetings
843	of the Board shall be held upon the call of the President of the
844	Board, or in his or her absence the Vice President of the Board,
845	or upon the written request of a majority of the members of the
846	Board, provided that at least 48 hours’ written notice of any
847	special meeting is given to each member of the Board; however,
848	any meeting shall be considered to have been duly called if at
849	least 10 members of the Board waive written notice of the
850	meeting.
851	Section 11. The Board shall keep accurate minutes of its
852	meetings and proceedings, and the minutes shall be open to
853	public inspection at all reasonable times at the premises or
854	office of the Hospital District.
855	Section 12. All meetings of the Board shall be open to the
856	public and conducted in accordance with applicable law. All
857	meetings of the Board shall be held within the Hospital
858	District. In the event that the Board shall heretofore or
859	hereafter lease the hospital facilities to a nonprofit
860	corporation, the Board of Directors or Trustees of the nonprofit
861	corporation shall be obligated to hold their regular and special
862	meetings in such a manner so that they will be open to the
863	public; however, they shall have the right to go into executive
864	session in order to discuss and resolve the following issues:
865	(a) employee issues, (b) medical staff issues, including
866	disciplinary actions, (c) property acquisitions, (d) strategic
867	planning, and (e) pending or threatened litigation.
868	Section 13. The Hospital and any related facilities
869	constructed, equipped, operated, and maintained under this act
870	will be for the preservation of public health, for the public
871	good, and for the use of the public of said district, and the
872	building, equipping, operation, construction, and maintenance of
873	such Hospital and related facilities authorized by this act
874	within such district is hereby found and declared to be for the
875	preservation of the public health and for the use and welfare of
876	the said Hospital District and the inhabitants thereof. Any
877	equal exchange of submerged lands made by the Board of Trustees
878	of the Internal Improvement Trust Fund for submerged lands
879	within the same water body as the submerged lands previously
880	conveyed by the Board of Trustees of the Internal Improvement
881	Trust Fund to the Hospital District is authorized and is deemed
882	to be in the public interest so long as the purpose is
883	consistent with this section and chapters 253 and 373, Florida
884	Statutes. Those activities for which permits are issued to the
885	Hospital District pursuant to chapter 373, Florida Statutes, are
886	deemed necessary to enhance the quality of the public health and
887	are hereby authorized.
888	Section 14. The Legislature recognizes that the Hospital
889	District provides health care facilities and services to
890	individuals within the jurisdiction of multiple local
891	governments and that it is in the public interest for the Board
892	to engage in planning for the Hospital District in order to most
893	efficiently provide such health care facilities and services.
894	The Board is therefore authorized, pursuant to chapter 189,
895	Florida Statutes, to prepare a comprehensive Public Facilities
896	Report for the use of the lands, resources, and waters conveyed
897	to it by the Board of Trustees of the Internal Improvement Trust
898	Fund, to participate in such planning with other public agencies
899	as authorized by chapter 189, Florida Statutes, to enter into
900	interlocal agreements, and to enact such regulations as are
901	necessary to implement said Public Facilities Report. Further,
902	upon adoption of said Public Facilities Report by the Board in
903	accordance with the procedures and requirements of this act and
904	chapter 189, Florida Statutes, all development within the
905	boundaries of the lands conveyed to the Hospital District by the
906	Board of Trustees of the Internal Improvement Trust Fund must be
907	consistent with said Public Facilities Report. The height,
908	density, or intensity of any construction or reconstruction of
909	facilities and filling of submerged lands required for facility
910	construction or reconstruction pursuant to the Public Facilities
911	Report shall be in compliance with applicable provisions of the
912	Agency for Health Care Administration contained within chapter
913	59A, Florida Administrative Code, chapter 4 of the Florida
914	Building Code, chapters 253 and 373, Florida Statutes, and all
915	provisions of the City of Cocoa Beach Charter and land
916	development regulations other than height, density, or intensity
917	and filling submerged lands. Provided the foregoing conditions
918	are satisfied, the district’s Public Facilities Report shall be
919	deemed in compliance with section 189.4155, Florida Statutes,
920	the City of Cocoa Beach Charter, Comprehensive Plan, and
921	applicable land development regulations.
922	Section 15. The provisions of this act shall be liberally
923	construed in order to effectively carry out the purposes of this
924	act in the interest of the health, safety, and welfare of the
925	residents of the Hospital District.
926	Section 16. It is declared to be the legislative intent
927	that if any section, subsection, sentence, clause, or provision
928	of this act be held invalid, the remainder of this act shall not
929	be affected.
930	Section 17. In accordance with section 189.404(3), Florida
931	Statutes, the following subsections shall constitute the minimum
932	charter requirements for the District:
933	(1) The District is organized and exists for the purpose
934	set forth in this act, as it may be amended from time to time.
935	(2) The powers, functions, and duties of the District,
936	including, but not limited to, ad valorem taxation, bond
937	issuance, other revenue-raising capabilities, budget preparation
938	and approval, liens and foreclosure of liens, use of tax deeds
939	and tax certificates as appropriate for non-ad valorem
940	assessments, and contractual agreements shall be as set forth in
941	this act, chapters 189 and 197, Florida Statutes, or any other
942	applicable general or special law, as they may be amended from
943	time to time.
944	(3) The District was created by special act of the Florida
945	Legislature by chapter 59-1121, Laws of Florida, as amended.
946	(4) The District's charter may be amended only by special
947	act of the Legislature.
948	(5) In accordance with chapter 189, Florida Statutes, and
949	this act, the District is governed by a 12-member Board as
950	provided for herein.
951	(6) The compensation of the Board Members shall be as
952	provided for by this act.
953	(7) The administrative duties of the Board shall be as set
954	forth in this act and chapter 189, Florida Statutes, as they may
955	be amended from time to time.
956	(8) Requirements for financial disclosure, meeting
957	notices, reporting, public records maintenance, and per diem
958	expenses for officers and employees shall be as set forth in
959	chapters 112, 119, 189, and 286, Florida Statutes, and this act,
960	as they may be amended from time to time.
961	(9) The procedures and requirements governing the issuance
962	of bonds, notes, and other evidence of indebtedness by the
963	District shall be as set forth in this act and applicable
964	general laws, as they may be amended from time to time.
965	(10) The procedures for conducting any required District
966	elections or referenda, and for qualification of electors, shall
967	be pursuant to this act and chapter 189, Florida Statutes, as
968	they may be amended from time to time.
969	(11) The District may be financed by any method
970	established in this act and applicable general laws, as they may
971	be amended from time to time.
972	(12) The District does not collect non-ad valorem
973	assessments, fees, or service charges as set forth in chapter
974	197, Florida Statutes.
975	(13) The District's planning requirements shall be as set
976	forth in chapter 189, Florida Statutes, and this act, as they
977	may be amended from time to time.
978	(14) The District's geographic boundary limitations shall
979	be as set forth in this act.
980	(15) This section shall not be construed to limit or
981	restrict any of the powers vested in said Board by any other
982	section or provision of this act.
983	Section 4. If any provision of this act or the application
984	thereof to any person or circumstance is held invalid, the
985	invalidity shall not affect other provisions or applications of
986	the act which can be given effect without the invalid provision
987	or application, and to this end the provisions of this act are
988	declared severable.
989	Section 5. In the event of a conflict between the
990	provisions of this act and the provisions of any other act, the
991	provisions of this act shall control to the extent of such
992	conflict.
993	Section 6. This act shall be construed as a remedial act
994	and shall be liberally construed to promote the purpose for
995	which it is intended.
996	Section 7. Chapters 59-1121, 61-1903, 65-1290, 69-861, 75-
997	332, 81-345, and 86-426, Laws of Florida, are repealed.
998	Section 8. This act shall take effect upon becoming a law.