HB 0601 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to the Cape Canaveral Hospital District,
12	Brevard County; providing legislative intent; codifying,
13	amending, and reenacting special acts relating to the
14	district; providing minimum charter requirements in
15	accordance with s. 189.404(3), F.S.; authorizing an
16	exchange of submerged lands under specified conditions;
17	declaring public purpose; approving any authorized
18	permitted activities; authorizing the district to prepare
19	a public facilities report and enact regulations to
20	implement such report; deeming the public facilities
21	report to be consistent with the City of Cocoa Beach’s
22	charter provisions and comprehensive plan regulating
23	height, density, and fill of submerged lands provided
24	specified state law standards are satisfied; providing
25	severability; providing for liberal construction;
26	repealing chapters 59-1121, 61-1903, 65-1290, 69-861, 75-
27	332, 81-345, and 86-426, Laws of Florida; providing an
28	effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
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32	Section 1. Pursuant to section 189.429, Florida Statutes,
33	this act constitutes the codification of all special acts
34	relating to the Cape Canaveral Hospital District, an independent
35	special tax district. It is the intent of the Legislature in
36	enacting this law to provide a single, comprehensive special act
37	charter for the District, including all current legislative
38	authority granted to the District by its several legislative
39	enactments and any additional authority granted by this act. It
40	is further the intent of this act to preserve all District
41	authority in addition to any authority contained in general law.
42	Section 2. Chapters 59-1121, 61-1903, 65-1290, 69-861, 75-
43	332, 81-345, and 86-426, Laws of Florida, are codified,
44	reenacted, amended, and repealed as herein provided.
45	Section 3. The Cape Canaveral Hospital District is re-
46	created, and the charter for such District is re-created and
47	reenacted to read:
48	Section 1. An independent special tax district is hereby
49	created and incorporated and shall be known as "the Cape
50	Canaveral Hospital District” in Brevard County. The Cape
51	Canaveral Hospital District shall support the health and welfare
52	of all those in the District’s boundaries and the surrounding
53	communities by providing health care facilities and services to
54	all those in need regardless of ability to pay. The Cape
55	Canaveral Hospital District is created for the purpose of
56	planning, building, constructing, repairing, fixing, equipping,
57	furnishing, supplying, operating, maintaining, and leasing a
58	hospital and related facilities, and to fund, support, organize,
59	and participate in such other health care related projects as
60	authorized by the Board. The District shall embrace and include
61	that part of Brevard County bounded and described as:
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63	Those lands bounded on the north by the north line
64	of Section 14 and the north line, produced west, of
65	Section 15, Township 24 South, Range 37 East; on
66	the west by the west boundary of the Banana River;
67	on the south by a line parallel to and 988.6 feet
68	south of the north line, produced west, of Section
69	35, Township 25 South, Range 37 East; and on the
70	east by the waters of the Atlantic Ocean.
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72	Section 2. All references herein to the Hospital District
73	mean the Cape Canaveral Hospital District; all references herein
74	to the Board mean the Cape Canaveral Hospital District Board;
75	all references herein to the Hospital mean the Cape Canaveral
76	Hospital; and all references to the Hospital Board mean the
77	Board of Trustees of Cape Canaveral Hospital, Inc.
78	Section 3. The governing authority or body of the Hospital
79	District shall be known as the Cape Canaveral Hospital District
80	Board and the Board shall constitute a body politic and a body
81	corporate; it shall have perpetual existence; it shall adopt and
82	use a common seal and may alter the same; it may contract and be
83	contracted with; and it may sue and be sued in its corporate
84	name.
85	Section 4(A). So long as the Cape Canaveral Hospital
86	District Board has direct responsibility for the operation and
87	management of the hospital facility, and does not lease the
88	hospital facility to a not-for-profit corporation, the Board
89	shall have the following additional powers:
90	(1) To acquire by grant, purchase, lease, devise, gift,
91	bequest, or condemnation, or in any other manner, real or
92	personal property, or any estate or interest therein, within or
93	without the Hospital District, which by resolution the Board
94	shall determine to be necessary for the purposes of the Hospital
95	District, said determination to be conclusive, except in case of
96	fraud or gross abuse of discretion; and to improve, maintain,
97	sell, lease, mortgage, or otherwise encumber the same, any part
98	thereof, or any interest therein upon such terms and conditions
99	as the Board shall fix and determine, and said determination
100	shall be deemed conclusive, except in case of fraud or gross
101	abuse of discretion.
102	(2) To plan, build, construct, repair, fix, purchase,
103	sell, mortgage, encumber, furnish, equip, supply, operate,
104	manage, maintain, and conduct a hospital and any facilities,
105	buildings, schools, and structures related to and customarily
106	used, conducted, or operated in conjunction with a hospital or
107	the provision of health care related services; however, in no
108	event shall the Board sell the hospital facilities without first
109	receiving the approval by a majority vote of the duly qualified
110	electors who reside within the Hospital District and who vote in
111	the election. Prior to any such sale, the qualified electors who
112	reside within the District shall by affirmative vote consent to
113	such sale of the hospital facilities, which consent must also
114	approve the terms and conditions of the sale and the disposition
115	of the sale proceeds. The vote on this issue may be received at
116	a general or special election to be held within the Hospital
117	District which shall not be called until notice thereof has been
118	published in a newspaper of general circulation within the
119	Hospital District once a week for 4 consecutive weeks prior to
120	the week during which the general or special election will be
121	held. If a majority of the electors who vote in the general or
122	special election shall vote in favor of the sale of the hospital
123	facilities and if they shall approve the terms and conditions of
124	the sale, the Board shall have the authority to consummate the
125	sale upon the terms and conditions thus approved by the
126	electors. In the event that the duly qualified electors shall
127	not ratify and approve the sale along with its terms and
128	conditions, the Board shall not have the authority to consummate
129	the sale of the hospital facilities.
130	(3) To adopt all rules and regulations necessary for the
131	orderly, proper, and efficient operation of the Hospital,
132	including rules regulating the admission thereto and treatment
133	of patients of all classes, including charity patients who may
134	apply for admission to the Hospital and who shall be citizens of
135	the State of Florida and residents of the Hospital District; and
136	rules regulating the fees and charges to be made for the
137	admission and treatment therein of all other patients.
138	(4) To establish a medical staff of the hospital, herein
139	referred to as the medical staff, and to establish and designate
140	professional and other qualifications for membership, term of
141	membership, classes of membership, and types of privileges to be
142	exercised by members of the medical staff. The Board shall have
143	the power to appoint, remove, suspend, and otherwise regulate
144	members of the medical staff; to establish and designate
145	procedures to be followed by applicants for staff membership,
146	changes of class of membership, changes in types of privileges
147	to be exercised by members of the medical staff, and renewal of
148	membership on the medical staff; and to set forth such
149	procedures as shall seem fit and proper to the Board in the
150	bylaws of the Board and of the medical staff. The Board shall
151	request the advice of the medical staff on all applications for
152	membership on the medical staff, including advice on the class
153	of membership to be given to the applicants and the types of
154	privileges to be exercised by the applicants, renewal of
155	membership on the medical staff, changes in classes of
156	membership, and changes in privileges to be exercised by members
157	of the medical staff; however, such advice shall not be binding
158	on the Board and the final decision on such matters shall be
159	made by the Board. The Board shall provide in its bylaws and in
160	the medical staff bylaws procedures to be followed by such
161	applicants who may be aggrieved by any decisions of the medical
162	staff regarding its advice to the Board.
163	(5) To contract with individuals, partnerships, limited
164	liability companies, corporations, municipalities, political
165	subdivisions, agencies, or districts of the State of Florida,
166	the United States of America, or any of the several States
167	thereof, and any other country of the world and any political
168	subdivision thereof.
169	(6) To determine the sum or amount of money, over and
170	above and in addition to anticipated income and receipts to be
171	paid by the patients who will be treated in the Hospital, which
172	will be required during the ensuing fiscal year to pay and
173	satisfy all anticipated obligations and expenses to be incurred
174	by the Hospital during the said ensuing fiscal year in the
175	performance of the functions and purposes authorized under this
176	act, including debt service on any bonds which may be issued
177	hereunder; subject to the provision that the sum estimated by
178	the Board to be required to pay and satisfy the expenses of the
179	Hospital for all purposes, other than debt service on any bonds
180	which may have been issued hereunder, for said fiscal year shall
181	not exceed the amount which would be realized from a tax of 1
182	mill upon all real and personal property, less all such property
183	exempted from taxation by the Florida Constitution or the
184	Statutes of the State of Florida, located within the Hospital
185	District; and further subject to the provision that the sum
186	estimated by the Board to be required to pay and satisfy all
187	obligations and expenses incurred by the Hospital for all
188	purposes, including debt service on any bonds which may have
189	been issued by the Hospital District hereunder, shall not exceed
190	the amount which would be realized from a tax of 2 1/4 mills
191	upon all real and personal property, less all such property
192	exempt from taxation by the Florida Constitution or the Statutes
193	of the State of Florida, located within the Hospital District.
194	Such determination shall be made by resolution of the Board and
195	it shall be the duty of the President and the Secretary of the
196	Board to certify to the Board of County Commissioners of Brevard
197	County the total sum which the Board believes and estimates will
198	be required during the ensuing fiscal year to pay and satisfy
199	all expenses of the Hospital, except debt service on any bonds
200	which may have been issued hereunder, and the sum which the
201	Board believes and anticipates will be required for debt service
202	on said bonds, in the event that any bonds have been issued and
203	sold hereunder by the Hospital District.
204	The Board of County Commissioners of Brevard County, upon
205	being furnished a certified copy of the resolution of the Board,
206	shall levy the necessary millage against all real and personal
207	property, less all such property exempt from taxation by the
208	Florida Constitution or the Statutes of the State of Florida,
209	situated within the Hospital District, required to raise such
210	amount, provided such millage shall not exceed 1 mill for all
211	expenses of the Hospital other than debt service on any bonds
212	which may have been issued and sold hereunder and shall not
213	exceed 2 1/4 mills for all obligations and expenses of the
214	Hospital including debt service on any such bonds. The certified
215	copy of the resolution of the Board shall be filed with the
216	Board of County Commissioners of Brevard County not less than 10
217	days prior to the time fixed by law for the levy of general
218	county taxes, and all taxes so levied by the Board of County
219	Commissioners of Brevard County for the Board shall be collected
220	by the Tax Collector of Brevard County and paid over to the
221	Board.
222	(7) To appoint, comply, hire, and discharge such agents,
223	employees, servants, or other employees, including attorneys,
224	accountants, architects, administrators, and other nonmedical
225	professional agents or employees, as may be required to carry
226	out the purposes of this act; to prescribe their duties,
227	authority, and responsibilities; and to fix their salaries,
228	wages, or compensation.
229	(8) To designate a depository or depositories for the
230	funds of the Board and to establish by resolution of the Board
231	the method and authority under which such funds may be withdrawn
232	from such depository or depositories, provided, however, that
233	any officer of the Board or any agent or employee thereof, who
234	shall be authorized to sign checks, drafts, orders, or warrants
235	on any account of the Board, shall first execute a bond in favor
236	of the Board in a penal sum of $25,000 with a surety company
237	authorized to do business in the State of Florida. The aforesaid
238	bonds shall be conditioned upon the faithful performance of the
239	duties of such officers, agents, or employees and shall be
240	approved by the remaining members of the Board, and the premiums
241	on all such bonds shall be paid by the Board.
242	(9) To designate by resolution a fiscal year for the
243	Hospital District and to change the same from time to time.
244	(10) To issue bonds of the Hospital District to finance
245	the planning, purchase, lease, construction, furnishing, and
246	equipping of any buildings, facilities, or land therefor, which
247	the Board is authorized to purchase, lease, build, construct,
248	and operate, which bonds may be payable from the taxes herein
249	authorized, and for the payment of which the full faith and
250	credit of the Hospital District may be pledged, in an amount
251	never to exceed 20 percent of the total assessed valuation or
252	market valuation, whichever is greater, as determined by Brevard
253	County, of all taxable property within the limits of the
254	Hospital District. Such bonds shall be signed in the name of the
255	Hospital District by the President of the Board, shall be
256	attested by the Secretary of the Board, shall be under the seal
257	of the Hospital District, may bear interest coupons to be signed
258	with the facsimile signature of the Secretary of the Board, and
259	may be of such denominations as shall be determined by the
260	Hospital Board. Said bonds may bear interest at a rate to be
261	fixed by the Board; however, said rate of interest shall not
262	exceed that provided by general law and shall be payable either
263	annually or semiannually. Said bonds shall be due not more than
264	40 years from the date thereof.
265	Prior to the issuance of any such bonds, the Board shall by
266	resolution authorize the issuance of the same, fixing the
267	aggregate amount of the proposed issue, the denomination, the
268	rate of interest, the purpose for which the moneys derived
269	therefrom shall be expended, and the maturity of the bonds
270	either in serial form or all to mature at a fixed date, and
271	shall provide for and create a sinking fund to pay the principal
272	and interest of the said bonds as the same shall mature. The
273	bonds may be sold by the Board at public sale, or sealed bids,
274	after advertisement for sale at least once a week for 3
275	consecutive weeks in a newspaper published in Brevard County
276	having a general circulation in the Hospital District, or
277	advertisement of the said sale may, at the option of the Board,
278	be published once a week for 2 consecutive weeks in a financial
279	paper published in the City of New York. If the bonds are not
280	sold after either of such advertisements, the bonds may be sold
281	at private sale at any time after the date advertised for the
282	reception of the sealed bids; however, no bonds shall be sold
283	for less than 95 percent of the par value thereof, with accrued
284	interest, and no private sale of the bonds shall be made at a
285	price lower than the best sealed bid received therefor.
286	All bonds issued and sold by the Hospital District under
287	the provisions of this act, or under the laws of the State of
288	Florida, shall be, constitute, and have all of the qualities and
289	incidents of negotiable instruments under the law merchant and
290	the Negotiable Instrument Law of the State of Florida; shall be
291	incontestable in the hands of bona fide purchasers or holders
292	for value; and shall not be invalid because of any irregularity
293	or defect in the proceedings for the issue and sale thereof.
294	No general obligation bonds for the payment of which the
295	full faith and credit of the Hospital District shall be pledged
296	or obligated shall be issued and sold, unless the issuance of
297	the same shall have been approved by the majority of the votes
298	cast in a freeholders’ election in which a majority of the
299	freeholders who are qualified electors residing within the
300	Hospital District shall participate and said election shall be
301	held in the manner provided by the Florida Constitution and
302	applicable Statutes of the State of Florida relating to the
303	calling and holding of freeholders' elections for the approval
304	of the issuance of bonds by special tax districts.
305	The payment of any general obligation bonds, including
306	interest thereon, issued and sold by the Hospital District shall
307	be secured by a first lien against the taxes to be levied by the
308	Board of County Commissioners of Brevard County as authorized by
309	this act to the extent that such taxes may be required to pay
310	such interest and principal, and the Board shall certify to the
311	Board of County Commissioners of Brevard County each year, as
312	herein provided, such sums as may be required for debt service
313	on said bonds and to pay the interest and principal thereon, and
314	the Board of County Commissioners of Brevard County shall levy
315	such taxes, within the limits specified in this act, as will be
316	required for said debt service on said bonds.
317	(11)(a) To provide by resolution at one time or from time
318	to time for the issuance of Revenue Certificates of the Hospital
319	District for the purpose of paying all or a part of the cost of
320	acquisition, construction, planning, leasing, repairing,
321	extensions to, additions, equipping, and reconstruction of any
322	hospital buildings and facilities of the Hospital District. The
323	Certificates of each issue shall be dated, shall bear interest
324	at a rate to be fixed by the Board, however, said rate of
325	interest shall not exceed that provided by general law, shall
326	mature at such time or times, not exceeding 40 years from their
327	date or dates, as may be determined by the Board, and may be
328	made redeemable before maturity, at the option of the Board, at
329	such price or prices and under such terms and conditions as may
330	be fixed by the Board prior to the issuance of the Certificates.
331	The Board shall determine the form of the Certificates,
332	including any interest coupons to be attached thereto, and the
333	manner of execution of the Certificates and coupons to be
334	attached thereto, and shall fix the denomination or
335	denominations of the Certificates and the place or places of
336	payment of principal and interest, which may be at any bank or
337	trust company within or without the State. In case any officer
338	whose signature or a facsimile of whose signature shall appear
339	on any certificates or coupons shall cease to be such officer
340	before the delivery of such Certificates, such signature or such
341	facsimile shall nevertheless be valid and sufficient for all
342	purposes the same as if he or she had remained in office until
343	such delivery. All Certificates issued under the provisions of
344	this act shall have and are hereby declared to have all the
345	qualities and incidents of negotiable instruments under the
346	negotiable instruments laws of the State. The Certificates may
347	be issued in coupon or in registered form, or both, as the Board
348	may determine, and provisions may be made for the registration
349	of any coupon Certificates as to principal alone and also as to
350	both principal and interest and for the reconversion into coupon
351	Certificates of any Certificates registered as to both principal
352	and interest. The issuance of such Certificates shall not be
353	subject to any limitations or conditions contained in any other
354	law, and the Board may sell such Certificates in such manner and
355	for such price as it may determine to be for the best interest
356	of the Board, but no such sale shall be made at a price so low
357	as to require the payment of interest on the money received
358	therefor which shall exceed that provided by general law,
359	computed with relation to the absolute maturity of the
360	Certificates in accordance with standard tables of certificate
361	values, excluding, however, from such computations the amount of
362	any premium to be paid on redemption of any Certificates prior
363	to maturity. Prior to the preparation of definitive
364	Certificates, the Board may, under like restrictions, issue
365	interim receipts or temporary Certificates with or without
366	coupons, exchangeable for definitive Certificates when such
367	Certificates have been executed and are available for delivery.
368	The Board may also provide for the replacement of any
369	Certificates which shall be mutilated, destroyed, or lost.
370	(b) Certificates may be issued under the provisions of
371	this act without obtaining the consent of any commission, board,
372	bureau, or agency of the State or County and without any other
373	proceedings or the happening of any other condition or thing
374	than those proceedings, conditions, or things which are
375	specifically required by this act.
376	(c) The proceeds of the Certificates shall be used solely
377	for the payment of the cost of the hospital facilities for which
378	such Certificates shall have been authorized and shall be
379	disbursed in the manner provided in the resolution or in the
380	Trust Agreement authorizing the issuance of such Certificates.
381	If the proceeds of the Certificates of any issue shall exceed
382	the amount required for the purpose for which the same shall
383	have been issued, the surplus shall be set aside and used only
384	for the payment of the cost of additional projects or for the
385	payment of the principal of and interest on such Certificates.
386	In the event that the actual cost of the project exceeds the
387	estimated cost, the Board may issue additional Certificates to
388	cover the deficiency, subject to the same restrictions as
389	required for the original issue.
390	(d) Revenue Certificates issued under the provisions of
391	this act may be payable from the revenue derived from the
392	operation of any hospital facility or combination of hospital
393	facilities of the Hospital District under the supervision,
394	operation, and control of the Hospital Board and from any other
395	funds legally available therefor. The issuance of such Revenue
396	Certificates shall not directly, indirectly, or contingently
397	obligate the State, the Board, or the Hospital District to levy
398	any ad valorem taxes or to make any appropriations for their
399	payment or for the operation and maintenance of the hospital
400	facilities of the Hospital District.
401	(e) The Board shall not convey or mortgage any hospital
402	facility or any part thereof as security for the payment of the
403	Revenue Certificates.
404	(f) In the discretion of the Board, each or any issue of
405	such Revenue Certificates may be secured by a Trust Agreement by
406	and between the Hospital District and a corporate trustee, which
407	may be any trust company or bank having the powers of a trust
408	company within or without the State. Such Trust Agreement may
409	pledge or assign the revenues to be received by the Board. The
410	resolution providing for the issuance of Revenue Certificates or
411	such Trust Agreement may contain such provisions for protecting
412	and enforcing the rights and remedies of the Certificate holders
413	as may be reasonable, proper, and not in violation of law,
414	including covenants setting forth the duties of the Board in
415	relation to the acquisition, construction, improvement,
416	maintenance, operation, repair, equipping, and insurance of the
417	hospital facilities, and the custody, safeguarding, and
418	application of all moneys. It shall be lawful for any bank or
419	trust company incorporated under the laws of this State to act
420	as such depository and to furnish such indemnifying certificates
421	or to pledge such securities as may be required by the Board.
422	Such resolution or such Trust Agreement may restrict the
423	individual right of action by Certificate holders as is
424	customary in Trust Agreements securing certificates or
425	debentures of corporations. In addition to the foregoing, such
426	resolution or such Trust Agreement may contain such other
427	provisions as the Board may deem reasonable and proper for the
428	security of the Certificate holders. Except as otherwise
429	provided in this act, the Board may provide, by resolution or by
430	Trust Agreement, for the payment of the proceeds of the sale of
431	the Revenue Certificates and the revenues of the facilities to
432	such officer, board, or depository as it may determine for the
433	custody thereof, and for the method of disbursement thereof,
434	with such safeguards and restrictions as it may determine. All
435	expenses incurred in carrying out such Trust Agreement may be
436	treated as a part of the cost of operation of the facilities
437	affected by such Trust Agreement.
438	(g) The resolution or Trust Agreement providing for the
439	issuance of the Revenue Certificates may also contain such
440	limitations upon the issuance of additional Revenue Certificates
441	as the Hospital District may deem proper, and such additional
442	Certificates shall be issued under such restriction or
443	limitations as may be prescribed by such resolution or Trust
444	Agreement.
445	(h) The Board is hereby authorized to provide by
446	resolution for the issuance of Refunding Revenue Certificates
447	for the purpose of refunding any Revenue Certificates,
448	respectively, then outstanding and issued under the provisions
449	of this act. The Board is further authorized to provide by
450	resolution for the issuance of Revenue Certificates for the
451	combined purpose of (1) paying the cost of any acquisition,
452	construction, planning, leasing, extension to, addition,
453	improving, equipping, or reconstruction of a facility or
454	facilities of the Hospital District, and (2) refunding Revenue
455	Certificates of the Hospital District which shall theretofore
456	have been issued under the provisions of this act and shall then
457	be outstanding. The issuance of such obligations, the maturities
458	and other details thereof, the right and remedies of the holders
459	thereof, and the rights, powers, privileges, duties, and
460	obligations of the Hospital District with respect to the same
461	shall be governed by the foregoing provisions of this act
462	insofar as the same may be applicable.
463	(12) To provide a retirement program for the Hospital
464	District’s employees who become covered by the program, to
465	establish qualifications for coverage under the program, to pay
466	part of the cost of such program, to contract with any insurance
467	company licensed to do business in Florida for the establishment
468	and operation of the program, to charge its covered employees
469	for the employees’ share of the cost of the program, and to take
470	such other action as may be necessary to establish and operate
471	the retirement program. Said Board shall have the power to
472	withdraw, by resolution, from the State and County Officers and
473	Employees’ Retirement System as established by chapter 122,
474	Florida Statutes, and this provision shall specifically amend
475	section 122.061, Florida Statutes, insofar as the section
476	prohibits the withdrawal of the Cape Canaveral Hospital
477	employees from the retirement system. In the event that the
478	Board shall adopt a resolution by which the employees of the
479	Hospital District shall be withdrawn from the State and County
480	Officers and Employees’ Retirement System, such withdrawal shall
481	become effective on July 1 following the adoption of the
482	resolution, and the Board shall send a certified copy of the
483	resolution to the Chief Financial Officer of the State.
484	Beginning on July 1 following the adoption of the resolution,
485	the Hospital District shall not be required to contribute to the
486	State and County Officers and Employees’ Retirement System.
487	Section 4(B). In the event that the Board no longer has
488	responsibility for operation and management of Cape Canaveral
489	Hospital by heretofore or hereafter leasing the hospital
490	facilities to a not-for-profit corporation, so long as such
491	lease remains in force and effect, the Board shall not have the
492	powers contained in section 4(A) hereof but shall have the
493	following additional powers:
494	(1) To acquire by grant, purchase, lease, devise, gift,
495	bequest, or condemnation, or in any other manner, real or
496	personal property, or any estate or interest therein, within or
497	without the Hospital District, which by resolution the Board
498	shall determine to be necessary for the purposes of the Hospital
499	District, said determination to be conclusive, except in case of
500	fraud or gross abuse of discretion; and to improve, maintain,
501	sell, lease, mortgage, or otherwise encumber the same, any part
502	thereof, or any interest therein upon such terms and conditions
503	as the Board shall fix and determine, and said determination
504	shall be deemed conclusive, except in case of fraud or gross
505	abuse of discretion.
506	(2) To contract with individuals, partnerships, limited
507	liability companies, corporations, municipalities, political
508	subdivisions, agencies, or districts of the State of Florida,
509	the United States of America, or any of the several States
510	thereof, and any other country of the world and any political
511	subdivision thereof.
512	(3) To determine the sum or amount of money, over and
513	above and in addition to anticipated income and receipts to be
514	paid by the patients who will be treated in the Hospital, which
515	will be required during the ensuing fiscal year to pay and
516	satisfy all anticipated obligations and expenses to be incurred
517	by the Hospital during the said ensuing fiscal year in the
518	performance of the functions and purposes authorized under this
519	act, including debt service on any bonds which may be issued
520	hereunder; subject to the provision that the sum estimated by
521	the Board to be required to pay and satisfy the expenses of the
522	Hospital for all purposes, other than debt service on any bonds
523	which may have been issued hereunder, for said fiscal year shall
524	not exceed the amount which would be realized from a tax of 1
525	mill upon all real and personal property, less all such property
526	exempted from taxation by the Florida Constitution or the
527	Statutes of the State of Florida, located within the Hospital
528	District; and further subject to the provision that the sum
529	estimated by the Board to be required to pay and satisfy all
530	obligations and expenses incurred by the Hospital for all
531	purposes, including debt service on any bonds which may have
532	been issued by the Hospital District hereunder, shall not exceed
533	the amount which would be realized from a tax of 2 1/4 mills
534	upon all real and personal property, less all such property
535	exempt from taxation by the Florida Constitution or the Statutes
536	of the State of Florida, located within the Hospital District.
537	Such determination shall be made by resolution of the Board and
538	it shall be the duty of the President and the Secretary of the
539	Board to certify to the Board of County Commissioners of Brevard
540	County the total sum which the Board believes and estimates will
541	be required during the ensuing fiscal year to pay and satisfy
542	all expenses of the Hospital, except debt service on any bonds
543	which may have been issued hereunder, and the sum which the
544	Board believes and anticipates will be required for debt service
545	on said bonds, in the event that any bonds have been issued and
546	sold hereunder by the Hospital District.
547	The Board of County Commissioners of Brevard County, upon
548	being furnished a certified copy of the resolution of the Board,
549	shall levy the necessary millage against all real and personal
550	property, less all such property exempt from taxation by the
551	Florida Constitution or the Statutes of the State of Florida,
552	situated within the Hospital District, required to raise such
553	amount, provided such millage shall not exceed 1 mill for all
554	expenses of the Hospital other than debt service on any bonds
555	which may have been issued and sold hereunder and shall not
556	exceed 2 1/4 mills for all obligations and expenses of the
557	Hospital including debt service on any such bonds. The certified
558	copy of the resolution of the Board shall be filed with the
559	Board of County Commissioners of Brevard County not less than 10
560	days prior to the time fixed by law for the levy of general
561	county taxes, and all taxes so levied by the Board of County
562	Commissioners of Brevard County for the Board shall be collected
563	by the Tax Collector of Brevard County and paid over to the
564	Board.
565	(4) To designate a depository or depositories for the
566	funds of the Board and to establish by resolution of the Board
567	the method and authority under which such funds may be withdrawn
568	from such depository or depositories, provided, however, that
569	any officer of the Board or any agent or employee thereof, who
570	shall be authorized to sign checks, drafts, orders, or warrants
571	on any account of the Board, shall first execute a bond in favor
572	of the Board in a penal sum of $25,000 with a surety company
573	authorized to do business in the State of Florida. The aforesaid
574	bonds shall be conditioned upon the faithful performance of the
575	duties of such officers, agents, or employees and shall be
576	approved by the remaining members of the Board, and the premiums
577	on all such bonds shall be paid by the Board.
578	(5) To designate by resolution a fiscal year for the
579	Hospital District and to change the same from time to time.
580	(6) To issue bonds of the Hospital District to finance the
581	planning, purchase, lease, construction, furnishing, and
582	equipping of any buildings, facilities, or land therefor, which
583	the Board is authorized to purchase, lease, build, construct,
584	and operate, which bonds may be payable from the taxes herein
585	authorized, and for the payment of which the full faith and
586	credit of the Hospital District may be pledged, in an amount
587	never to exceed 20 percent of the total assessed valuation or
588	market valuation, whichever is greater, as determined by Brevard
589	County, of all taxable property within the limits of the
590	Hospital District. Such bonds shall be signed in the name of the
591	Hospital District by the President of the Board, shall be
592	attested by the Secretary of the Board, shall be under the seal
593	of the Hospital District, may bear interest coupons to be signed
594	with the facsimile signature of the Secretary of the Board, and
595	may be of such denominations as shall be determined by the
596	Hospital Board. Said bonds may bear interest at a rate to be
597	fixed by the Board; however, said rate of interest shall not
598	exceed that provided by general law and shall be payable either
599	annually or semiannually. Said bonds shall be due not more than
600	40 years from the date thereof.
601	Prior to the issuance of any such bonds, the Board shall by
602	resolution authorize the issuance of the same, fixing the
603	aggregate amount of the proposed issue, the denomination, the
604	rate of interest, the purpose for which the moneys derived
605	therefrom shall be expended, and the maturity of the bonds,
606	either in serial form or all to mature at a fixed date, and
607	shall provide for and create a sinking fund to pay the principal
608	and interest of the said bonds as the same shall mature. The
609	bonds may be sold by the Board at public sale, or sealed bids,
610	after advertisement for sale at least once a week for 3
611	consecutive weeks in a newspaper published in Brevard County
612	having a general circulation in the Hospital District, or
613	advertisement of the said sale may, at the option of the Board,
614	be published once a week for 2 consecutive weeks in a financial
615	paper published in the City of New York. If the bonds are not
616	sold after either of such advertisements, the bonds may be sold
617	at private sale at any time after the date advertised for the
618	reception of the sealed bids; however, no bonds shall be sold
619	for less than 95 percent of the par value thereof, with accrued
620	interest, and no private sale of the bonds shall be made at a
621	price lower than the best sealed bid received therefor.
622	All bonds issued and sold by the Hospital District under
623	the provisions of this act, or under the laws of the State of
624	Florida, shall be, constitute, and have all of the qualities and
625	incidents of negotiable instruments under the law merchant and
626	the Negotiable Instrument Law of the State of Florida; shall be
627	incontestable in the hands of bona fide purchasers or holders
628	for value; and shall not be invalid because of any irregularity
629	or defect in the proceedings for the issue and sale thereof.
630	No general obligation bonds for the payment of which the
631	full faith and credit of the Hospital District shall be pledged
632	or obligated shall be issued and sold, unless the issuance of
633	the same shall have been approved by the majority of the votes
634	cast in a freeholders’ election in which a majority of the
635	freeholders who are qualified electors residing within the
636	Hospital District shall participate and said election shall be
637	held in the manner provided by the Florida Constitution and
638	applicable Statutes of the State of Florida relating to the
639	calling and holding of freeholders' elections for the approval
640	of the issuance of bonds by special tax districts.
641	The payment of any general obligation bonds, including
642	interest thereon, issued and sold by the Hospital District shall
643	be secured by a first lien against the taxes to be levied by the
644	Board of County Commissioners of Brevard County as authorized by
645	this act to the extent that such taxes may be required to pay
646	such interest and principal, and the Board shall certify to the
647	Board of County Commissioners of Brevard County each year, as
648	herein provided, such sums as may be required for debt service
649	on said bonds and to pay the interest and principal thereon, and
650	the Board of County Commissioners of Brevard County shall levy
651	such taxes, within the limits specified in this act, as will be
652	required for said debt service on said bonds.
653	(7) To provide by resolution at one time or from time to
654	time for the issuance of Revenue Certificates of the Hospital
655	District for the purpose of paying all or a part of the cost of
656	acquisition, construction, planning, leasing, repairing,
657	extensions to, additions, equipping, and reconstruction of any
658	hospital buildings and facilities of the Hospital District. The
659	Certificates of each issue shall be dated, shall bear interest
660	at a rate to be fixed by the Board, however, said rate of
661	interest shall not exceed that provided by general law, shall
662	mature at such time or times, not exceeding 40 years from their
663	date or dates, as may be determined by the Board, and may be
664	made redeemable before maturity, at the option of the Board, at
665	such price or prices and under such terms and conditions as may
666	be fixed by the Board prior to the issuance of the Certificates.
667	The Board shall determine the form of the Certificates,
668	including any interest coupons to be attached thereto, and the
669	manner of execution of the Certificates and coupons to be
670	attached thereto, and shall fix the denomination or
671	denominations of the Certificates and the place or places of
672	payment of principal and interest, which may be at any bank or
673	trust company within or without the State. In case any officer
674	whose signature or a facsimile of whose signature shall appear
675	on any certificates or coupons shall cease to be such officer
676	before the delivery of such Certificates, such signature or such
677	facsimile shall nevertheless be valid and sufficient for all
678	purposes the same as if he or she had remained in office until
679	such delivery. All Certificates issued under the provisions of
680	this act shall have and are hereby declared to have all the
681	qualities and incidents of negotiable instruments under the
682	negotiable instruments laws of the State. The Certificates may
683	be issued in coupon or in registered form, or both, as the Board
684	may determine, and provisions may be made for the registration
685	of any coupon Certificates as to principal alone and also as to
686	both principal and interest and for the reconversion into coupon
687	Certificates of any Certificates registered as to both principal
688	and interest. The issuance of such Certificates shall not be
689	subject to any limitations or conditions contained in any other
690	law, and the Board may sell such Certificates in such manner and
691	for such price as it may determine to be for the best interest
692	of the Board, but no such sale shall be made at a price so low
693	as to require the payment of interest on the money received
694	therefor which shall exceed that provided by general law,
695	computed with relation to the absolute maturity of the
696	Certificates in accordance with standard tables of certificate
697	values, excluding, however, from such computations the amount of
698	any premium to be paid on redemption of any Certificates prior
699	to maturity. Prior to the preparation of definitive
700	Certificates, the Board may, under like restrictions, issue
701	interim receipts or temporary Certificates with or without
702	coupons, exchangeable for definitive Certificates when such
703	Certificates have been executed and are available for delivery.
704	The Board may also provide for the replacement of any
705	Certificates which shall be mutilated, destroyed, or lost.
706	Certificates may be issued under the provisions of this act
707	without obtaining the consent of any commission, board, bureau,
708	or agency of the State or County and without any other
709	proceedings or the happening of any other condition or thing
710	than those proceedings, conditions, or things which are
711	specifically required by this act.
712	The proceeds of the Certificates shall be used solely for
713	the payment of the cost of the hospital facilities for which
714	such Certificates shall have been authorized and shall be
715	disbursed in the manner provided in the resolution or in the
716	Trust Agreement authorizing the issuance of such Certificates.
717	If the proceeds of the Certificates of any issue shall exceed
718	the amount required for the purpose for which the same shall
719	have been issued, the surplus shall be set aside and used only
720	for the payment of the cost of additional projects or for the
721	payment of the principal of and interest on such Certificates.
722	In the event that the actual cost of the project exceeds the
723	estimated cost, the Board may issue additional Certificates to
724	cover the deficiency, subject to the same restrictions as
725	required for the original issue.
726	Revenue Certificates issued under the provisions of this
727	act may be payable from the revenue derived from the operation
728	of any hospital facility or combination of hospital facilities
729	of the Hospital District under the supervision, operation, and
730	control of the Hospital Board and from any other funds legally
731	available therefor. The issuance of such Revenue Certificates
732	shall not directly, indirectly, or contingently obligate the
733	State, the Board, or the Hospital District to levy any ad
734	valorem taxes or to make any appropriations for their payment or
735	for the operation and maintenance of the hospital facilities of
736	the Hospital District.
737	The Board shall not convey or mortgage any hospital
738	facility or any part thereof as security for the payment of the
739	Revenue Certificates.
740	In the discretion of the Board, each or any issue of such
741	Revenue Certificates may be secured by a Trust Agreement by and
742	between the Hospital District and a corporate trustee, which may
743	be any trust company or bank having the powers of a trust
744	company within or without the State. Such Trust Agreement may
745	pledge or assign the revenues to be received by the Board. The
746	resolution providing for the issuance of Revenue Certificates or
747	such Trust Agreement may contain such provisions for protecting
748	and enforcing the rights and remedies of the Certificate holders
749	as may be reasonable, proper, and not in violation of law,
750	including covenants setting forth the duties of the Board in
751	relation to the acquisition, construction, improvement,
752	maintenance, operation, repair, equipping, and insurance of the
753	hospital facilities, and the custody, safeguarding, and
754	application of all moneys. It shall be lawful for any bank or
755	trust company incorporated under the laws of this State to act
756	as such depository and to furnish such indemnifying certificates
757	or to pledge such securities as may be required by the Board.
758	Such resolution or such Trust Agreement may restrict the
759	individual right of action by Certificate holders as is
760	customary in Trust Agreements securing certificates or
761	debentures of corporations. In addition to the foregoing, such
762	resolution or such Trust Agreement may contain such other
763	provisions as the Board may deem reasonable and proper for the
764	security of the Certificate holders. Except as otherwise
765	provided in this act, the Board may provide, by resolution or by
766	Trust Agreement, for the payment of the proceeds of the sale of
767	the Revenue Certificates and the revenues of the facilities to
768	such officer, board, or depository as it may determine for the
769	custody thereof, and for the method of disbursement thereof,
770	with such safeguards and restrictions as it may determine. All
771	expenses incurred in carrying out such Trust Agreement may be
772	treated as a part of the cost of operation of the facilities
773	affected by such Trust Agreement.
774	The resolution or Trust Agreement providing for the
775	issuance of the Revenue Certificates may also contain such
776	limitations upon the issuance of additional Revenue Certificates
777	as the Hospital District may deem proper, and such additional
778	Certificates shall be issued under such restriction or
779	limitations as may be prescribed by such resolution or Trust
780	Agreement.
781	The Board is hereby authorized to provide by resolution for
782	the issuance of Refunding Revenue Certificates for the purpose
783	of refunding any Revenue Certificates, respectively, then
784	outstanding and issued under the provisions of this act. The
785	Board is further authorized to provide by resolution for the
786	issuance of Revenue Certificates for the combined purpose of(1)
787	paying the cost of any acquisition, construction, planning,
788	leasing, extension to, addition, improving, equipping, or
789	reconstruction of a facility or facilities of the Hospital
790	District, and (2) refunding Revenue Certificates of the Hospital
791	District which shall theretofore have been issued under the
792	provisions of this act and shall then be outstanding. The
793	issuance of such obligations, the maturities and other details
794	thereof, the right and remedies of the holders thereof, and the
795	rights, powers, privileges, duties, and obligations of the
796	Hospital District with respect to the same shall be governed by
797	the foregoing provisions of this act insofar as the same may be
798	applicable.
799	Section 5. The governing authority of the Hospital
800	District is hereby created and designated as the Cape Canaveral
801	Hospital District Board, and it shall consist of 12 members,
802	each of whom shall be a qualified elector residing within the
803	Hospital District.
804	Section 6. Each member of the Board shall serve for a term
805	of 4 years or until his or her successor has been appointed and
806	qualified. Each member shall serve without compensation. In the
807	event that the Board shall heretofore or hereafter lease the
808	hospital facilities to a nonprofit corporation, the members of
809	the Board of Directors or Trustees of such nonprofit corporation
810	shall also serve on a voluntary basis without compensation.
811	After October 1, 1989, no more than 1/2 of the members of the
812	Board shall also serve as members of the Board of Directors or
813	Trustees of any Lessee nonprofit corporation.
814	Section 7. The Governor of the State of Florida shall
815	appoint the successors to the Board upon expiration of the term
816	of office of each member or upon the death, resignation, or
817	removal of a member of the Board. Any member appointed to fill a
818	vacancy on the Board caused by the death, resignation, or
819	removal of a member shall serve for the balance of the term of
820	office of the member whom he or she succeeded.
821	Section 8. The Board shall elect from its own members a
822	chair, vice chair, secretary, and treasurer, each of whom shall
823	serve for a term of 1 year or until his or her successor has
824	been elected and has qualified. The officers shall be elected
825	each year at the organizational meeting of the Board. If any
826	officer of the Board does not complete his or her term of
827	office, his or her successor shall be elected by the Board, and
828	any successor so elected shall serve the remainder of the term
829	of the succeeded officer. The duties, responsibilities,
830	authorities, and privileges of each of the officers of the Board
831	shall be stated in the Board bylaws.
832	Section 9. Seven members of the Board shall constitute a
833	quorum of the Board for the purpose of conducting business and
834	exercising its powers, and action may be taken by the Board only
835	upon the affirmative vote of a majority of the members of the
836	Board then serving.
837	Section 10. Regular meetings of the Board shall be held
838	annually at a time to be designated by the Board by resolution,
839	and at such other times as may be established by the Board, by
840	resolution thereof, in the event that the Board deems it
841	advisable to hold additional regular meetings. Special meetings
842	of the Board shall be held upon the call of the President of the
843	Board, or in his or her absence the Vice President of the Board,
844	or upon the written request of a majority of the members of the
845	Board, provided that at least 48 hours’ written notice of any
846	special meeting is given to each member of the Board; however,
847	any meeting shall be considered to have been duly called if at
848	least 10 members of the Board waive written notice of the
849	meeting.
850	Section 11. The Board shall keep accurate minutes of its
851	meetings and proceedings, and the minutes shall be open to
852	public inspection at all reasonable times at the premises or
853	office of the Hospital District.
854	Section 12. All meetings of the Board shall be open to the
855	public and conducted in accordance with applicable law. All
856	meetings of the Board shall be held within the Hospital
857	District. In the event that the Board shall heretofore or
858	hereafter lease the hospital facilities to a nonprofit
859	corporation, the Board of Directors or Trustees of the nonprofit
860	corporation shall be obligated to hold their regular and special
861	meetings in such a manner so that they will be open to the
862	public; however, they shall have the right to go into executive
863	session in order to discuss and resolve the following issues:
864	(a) employee issues, (b) medical staff issues, including
865	disciplinary actions, (c) property acquisitions, (d) strategic
866	planning, and (e) pending or threatened litigation.
867	Section 13. The Hospital and any related facilities
868	constructed, equipped, operated, and maintained under this act
869	will be for the preservation of public health, for the public
870	good, and for the use of the public of said district, and the
871	building, equipping, operation, construction, and maintenance of
872	such Hospital and related facilities authorized by this act
873	within such district is hereby found and declared to be for the
874	preservation of the public health and for the use and welfare of
875	the said Hospital District and the inhabitants thereof. Any
876	equal exchange of submerged lands made by the Board of Trustees
877	of the Internal Improvement Trust Fund for submerged lands
878	within the same water body as the submerged lands previously
879	conveyed by the Board of Trustees of the Internal Improvement
880	Trust Fund to the Hospital District is authorized and is deemed
881	to be in the public interest so long as the purpose is
882	consistent with this section and chapters 253 and 373, Florida
883	Statutes. Those activities for which permits are issued to the
884	Hospital District pursuant to chapter 373, Florida Statutes, are
885	deemed necessary to enhance the quality of the public health and
886	are hereby authorized.
887	Section 14. The Legislature recognizes that the Hospital
888	District provides health care facilities and services to
889	individuals within the jurisdiction of multiple local
890	governments and that it is in the public interest for the Board
891	to engage in planning for the Hospital District in order to most
892	efficiently provide such health care facilities and services.
893	The Board is therefore authorized, pursuant to chapter 189,
894	Florida Statutes, to prepare a comprehensive Public Facilities
895	Report for the use of the lands, resources, and waters conveyed
896	to it by the Board of Trustees of the Internal Improvement Trust
897	Fund, to participate in such planning with other public agencies
898	as authorized by chapter 189, Florida Statutes, to enter into
899	interlocal agreements, and to enact such regulations as are
900	necessary to implement said Public Facilities Report. Further,
901	upon adoption of said Public Facilities Report by the Board in
902	accordance with the procedures and requirements of this act and
903	chapter 189, Florida Statutes, all development within the
904	boundaries of the lands conveyed to the Hospital District by the
905	Board of Trustees of the Internal Improvement Trust Fund must be
906	consistent with said Public Facilities Report. The height,
907	density, or intensity of any construction or reconstruction of
908	facilities and filling of submerged lands required for facility
909	construction or reconstruction pursuant to the Public Facilities
910	Report shall be in compliance with applicable provisions of the
911	Agency for Health Care Administration contained within chapter
912	59A, Florida Administrative Code, chapter 4 of the Florida
913	Building Code, chapters 253 and 373, Florida Statutes, and all
914	provisions of the City of Cocoa Beach Charter and land
915	development regulations other than height, density, or intensity
916	and filling submerged lands. Provided the foregoing conditions
917	are satisfied, the district’s Public Facilities Report shall be
918	deemed in compliance with section 189.4155, Florida Statutes,
919	the City of Cocoa Beach Charter, Comprehensive Plan, and
920	applicable land development regulations.
921	Section 15. The provisions of this act shall be liberally
922	construed in order to effectively carry out the purposes of this
923	act in the interest of the health, safety, and welfare of the
924	residents of the Hospital District.
925	Section 16. It is declared to be the legislative intent
926	that if any section, subsection, sentence, clause, or provision
927	of this act be held invalid, the remainder of this act shall not
928	be affected.
929	Section 17. In accordance with section 189.404(3), Florida
930	Statutes, the following subsections shall constitute the minimum
931	charter requirements for the District:
932	(1) The District is organized and exists for the purpose
933	set forth in this act, as it may be amended from time to time.
934	(2) The powers, functions, and duties of the District,
935	including, but not limited to, ad valorem taxation, bond
936	issuance, other revenue-raising capabilities, budget preparation
937	and approval, liens and foreclosure of liens, use of tax deeds
938	and tax certificates as appropriate for non-ad valorem
939	assessments, and contractual agreements shall be as set forth in
940	this act, chapters 189 and 197, Florida Statutes, or any other
941	applicable general or special law, as they may be amended from
942	time to time.
943	(3) The District was created by special act of the Florida
944	Legislature by chapter 59-1121, Laws of Florida, as amended.
945	(4) The District's charter may be amended only by special
946	act of the Legislature.
947	(5) In accordance with chapter 189, Florida Statutes, and
948	this act, the District is governed by a 12-member Board as
949	provided for herein.
950	(6) The compensation of the Board Members shall be as
951	provided for by this act.
952	(7) The administrative duties of the Board shall be as set
953	forth in this act and chapter 189, Florida Statutes, as they may
954	be amended from time to time.
955	(8) Requirements for financial disclosure, meeting
956	notices, reporting, public records maintenance, and per diem
957	expenses for officers and employees shall be as set forth in
958	chapters 112, 119, 189, and 286, Florida Statutes, and this act,
959	as they may be amended from time to time.
960	(9) The procedures and requirements governing the issuance
961	of bonds, notes, and other evidence of indebtedness by the
962	District shall be as set forth in this act and applicable
963	general laws, as they may be amended from time to time.
964	(10) The procedures for conducting any required District
965	elections or referenda, and for qualification of electors, shall
966	be pursuant to this act and chapter 189, Florida Statutes, as
967	they may be amended from time to time.
968	(11) The District may be financed by any method
969	established in this act and applicable general laws, as they may
970	be amended from time to time.
971	(12) The District does not collect non-ad valorem
972	assessments, fees, or service charges as set forth in chapter
973	197, Florida Statutes.
974	(13) The District's planning requirements shall be as set
975	forth in chapter 189, Florida Statutes, and this act, as they
976	may be amended from time to time.
977	(14) The District's geographic boundary limitations shall
978	be as set forth in this act.
979	(15) This section shall not be construed to limit or
980	restrict any of the powers vested in said Board by any other
981	section or provision of this act.
982	Section 4. If any provision of this act or the application
983	thereof to any person or circumstance is held invalid, the
984	invalidity shall not affect other provisions or applications of
985	the act which can be given effect without the invalid provision
986	or application, and to this end the provisions of this act are
987	declared severable.
988	Section 5. This act shall be construed as a remedial act
989	and shall be liberally construed to promote the purpose for
990	which it is intended.
991	Section 6. Chapters 59-1121, 61-1903, 65-1290, 69-861, 75-
992	332, 81-345, and 86-426, Laws of Florida, are repealed.
993	Section 7. This act shall take effect upon becoming a law.