ENROLLED HB 0601, Engrossed 1 2003 Legislature
1	A bill to be entitled
2	An act relating to the Cape Canaveral Hospital District,
3	Brevard County; providing legislative intent; codifying,
4	amending, and reenacting special acts relating to the
5	district; providing minimum charter requirements in
6	accordance with s. 189.404(3), F.S.; authorizing an
7	exchange of submerged lands under specified conditions;
8	declaring public purpose; approving any authorized
9	permitted activities; authorizing the district to prepare
10	a public facilities report and enact regulations to
11	implement such report; deeming the public facilities
12	report to be consistent with the City of Cocoa Beach’s
13	charter provisions and comprehensive plan regulating
14	height, density, and fill of submerged lands provided
15	specified state law standards are satisfied; providing
16	severability; providing for liberal construction;
17	repealing chapters 59-1121, 61-1903, 65-1290, 69-861, 75-
18	332, 81-345, and 86-426, Laws of Florida; providing an
19	effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1. Pursuant to section 189.429, Florida Statutes,
24	this act constitutes the codification of all special acts
25	relating to the Cape Canaveral Hospital District, an independent
26	special tax district. It is the intent of the Legislature in
27	enacting this law to provide a single, comprehensive special act
28	charter for the District, including all current legislative
29	authority granted to the District by its several legislative
30	enactments and any additional authority granted by this act. It
31	is further the intent of this act to preserve all District
32	authority in addition to any authority contained in general law.
33	Section 2. Chapters 59-1121, 61-1903, 65-1290, 69-861, 75-
34	332, 81-345, and 86-426, Laws of Florida, are codified,
35	reenacted, amended, and repealed as herein provided.
36	Section 3. The Cape Canaveral Hospital District is re-
37	created, and the charter for such District is re-created and
38	reenacted to read:
39	Section 1. An independent special tax district is hereby
40	created and incorporated and shall be known as "the Cape
41	Canaveral Hospital District” in Brevard County. The Cape
42	Canaveral Hospital District shall support the health and welfare
43	of all those in the District’s boundaries and the surrounding
44	communities by providing health care facilities and services to
45	all those in need regardless of ability to pay. The Cape
46	Canaveral Hospital District is created for the purpose of
47	planning, building, constructing, repairing, fixing, equipping,
48	furnishing, supplying, operating, maintaining, and leasing a
49	hospital and related facilities, and to fund, support, organize,
50	and participate in such other health care related projects as
51	authorized by the Board. The District shall embrace and include
52	that part of Brevard County bounded and described as:
53
54	Those lands bounded on the north by the north line
55	of Section 14 and the north line, produced west, of
56	Section 15, Township 24 South, Range 37 East; on
57	the west by the west boundary of the Banana River;
58	on the south by a line parallel to and 988.6 feet
59	south of the north line, produced west, of Section
60	35, Township 25 South, Range 37 East; and on the
61	east by the waters of the Atlantic Ocean.
62
63	Section 2. All references herein to the Hospital District
64	mean the Cape Canaveral Hospital District; all references herein
65	to the Board mean the Cape Canaveral Hospital District Board;
66	all references herein to the Hospital mean the Cape Canaveral
67	Hospital; and all references to the Hospital Board mean the
68	Board of Trustees of Cape Canaveral Hospital, Inc.
69	Section 3. The governing authority or body of the Hospital
70	District shall be known as the Cape Canaveral Hospital District
71	Board and the Board shall constitute a body politic and a body
72	corporate; it shall have perpetual existence; it shall adopt and
73	use a common seal and may alter the same; it may contract and be
74	contracted with; and it may sue and be sued in its corporate
75	name.
76	Section 4(A). So long as the Cape Canaveral Hospital
77	District Board has direct responsibility for the operation and
78	management of the hospital facility, and does not lease the
79	hospital facility to a not-for-profit corporation, the Board
80	shall have the following additional powers:
81	(1) To acquire by grant, purchase, lease, devise, gift,
82	bequest, or condemnation, or in any other manner, real or
83	personal property, or any estate or interest therein, within or
84	without the Hospital District, which by resolution the Board
85	shall determine to be necessary for the purposes of the Hospital
86	District, said determination to be conclusive, except in case of
87	fraud or gross abuse of discretion; and to improve, maintain,
88	sell, lease, mortgage, or otherwise encumber the same, any part
89	thereof, or any interest therein upon such terms and conditions
90	as the Board shall fix and determine, and said determination
91	shall be deemed conclusive, except in case of fraud or gross
92	abuse of discretion.
93	(2) To plan, build, construct, repair, fix, purchase,
94	sell, mortgage, encumber, furnish, equip, supply, operate,
95	manage, maintain, and conduct a hospital and any facilities,
96	buildings, schools, and structures related to and customarily
97	used, conducted, or operated in conjunction with a hospital or
98	the provision of health care related services; however, in no
99	event shall the Board sell the hospital facilities without first
100	receiving the approval by a majority vote of the duly qualified
101	electors who reside within the Hospital District and who vote in
102	the election. Prior to any such sale, the qualified electors who
103	reside within the District shall by affirmative vote consent to
104	such sale of the hospital facilities, which consent must also
105	approve the terms and conditions of the sale and the disposition
106	of the sale proceeds. The vote on this issue may be received at
107	a general or special election to be held within the Hospital
108	District which shall not be called until notice thereof has been
109	published in a newspaper of general circulation within the
110	Hospital District once a week for 4 consecutive weeks prior to
111	the week during which the general or special election will be
112	held. If a majority of the electors who vote in the general or
113	special election shall vote in favor of the sale of the hospital
114	facilities and if they shall approve the terms and conditions of
115	the sale, the Board shall have the authority to consummate the
116	sale upon the terms and conditions thus approved by the
117	electors. In the event that the duly qualified electors shall
118	not ratify and approve the sale along with its terms and
119	conditions, the Board shall not have the authority to consummate
120	the sale of the hospital facilities.
121	(3) To adopt all rules and regulations necessary for the
122	orderly, proper, and efficient operation of the Hospital,
123	including rules regulating the admission thereto and treatment
124	of patients of all classes, including charity patients who may
125	apply for admission to the Hospital and who shall be citizens of
126	the State of Florida and residents of the Hospital District; and
127	rules regulating the fees and charges to be made for the
128	admission and treatment therein of all other patients.
129	(4) To establish a medical staff of the hospital, herein
130	referred to as the medical staff, and to establish and designate
131	professional and other qualifications for membership, term of
132	membership, classes of membership, and types of privileges to be
133	exercised by members of the medical staff. The Board shall have
134	the power to appoint, remove, suspend, and otherwise regulate
135	members of the medical staff; to establish and designate
136	procedures to be followed by applicants for staff membership,
137	changes of class of membership, changes in types of privileges
138	to be exercised by members of the medical staff, and renewal of
139	membership on the medical staff; and to set forth such
140	procedures as shall seem fit and proper to the Board in the
141	bylaws of the Board and of the medical staff. The Board shall
142	request the advice of the medical staff on all applications for
143	membership on the medical staff, including advice on the class
144	of membership to be given to the applicants and the types of
145	privileges to be exercised by the applicants, renewal of
146	membership on the medical staff, changes in classes of
147	membership, and changes in privileges to be exercised by members
148	of the medical staff; however, such advice shall not be binding
149	on the Board and the final decision on such matters shall be
150	made by the Board. The Board shall provide in its bylaws and in
151	the medical staff bylaws procedures to be followed by such
152	applicants who may be aggrieved by any decisions of the medical
153	staff regarding its advice to the Board.
154	(5) To contract with individuals, partnerships, limited
155	liability companies, corporations, municipalities, political
156	subdivisions, agencies, or districts of the State of Florida,
157	the United States of America, or any of the several States
158	thereof, and any other country of the world and any political
159	subdivision thereof.
160	(6) To determine the sum or amount of money, over and
161	above and in addition to anticipated income and receipts to be
162	paid by the patients who will be treated in the Hospital, which
163	will be required during the ensuing fiscal year to pay and
164	satisfy all anticipated obligations and expenses to be incurred
165	by the Hospital during the said ensuing fiscal year in the
166	performance of the functions and purposes authorized under this
167	act, including debt service on any bonds which may be issued
168	hereunder; subject to the provision that the sum estimated by
169	the Board to be required to pay and satisfy the expenses of the
170	Hospital for all purposes, other than debt service on any bonds
171	which may have been issued hereunder, for said fiscal year shall
172	not exceed the amount which would be realized from a tax of 1
173	mill upon all real and personal property, less all such property
174	exempted from taxation by the Florida Constitution or the
175	Statutes of the State of Florida, located within the Hospital
176	District; and further subject to the provision that the sum
177	estimated by the Board to be required to pay and satisfy all
178	obligations and expenses incurred by the Hospital for all
179	purposes, including debt service on any bonds which may have
180	been issued by the Hospital District hereunder, shall not exceed
181	the amount which would be realized from a tax of 2 1/4 mills
182	upon all real and personal property, less all such property
183	exempt from taxation by the Florida Constitution or the Statutes
184	of the State of Florida, located within the Hospital District.
185	Such determination shall be made by resolution of the Board and
186	it shall be the duty of the President and the Secretary of the
187	Board to certify to the Board of County Commissioners of Brevard
188	County the total sum which the Board believes and estimates will
189	be required during the ensuing fiscal year to pay and satisfy
190	all expenses of the Hospital, except debt service on any bonds
191	which may have been issued hereunder, and the sum which the
192	Board believes and anticipates will be required for debt service
193	on said bonds, in the event that any bonds have been issued and
194	sold hereunder by the Hospital District.
195	The Board of County Commissioners of Brevard County, upon
196	being furnished a certified copy of the resolution of the Board,
197	shall levy the necessary millage against all real and personal
198	property, less all such property exempt from taxation by the
199	Florida Constitution or the Statutes of the State of Florida,
200	situated within the Hospital District, required to raise such
201	amount, provided such millage shall not exceed 1 mill for all
202	expenses of the Hospital other than debt service on any bonds
203	which may have been issued and sold hereunder and shall not
204	exceed 2 1/4 mills for all obligations and expenses of the
205	Hospital including debt service on any such bonds. The certified
206	copy of the resolution of the Board shall be filed with the
207	Board of County Commissioners of Brevard County not less than 10
208	days prior to the time fixed by law for the levy of general
209	county taxes, and all taxes so levied by the Board of County
210	Commissioners of Brevard County for the Board shall be collected
211	by the Tax Collector of Brevard County and paid over to the
212	Board.
213	(7) To appoint, comply, hire, and discharge such agents,
214	employees, servants, or other employees, including attorneys,
215	accountants, architects, administrators, and other nonmedical
216	professional agents or employees, as may be required to carry
217	out the purposes of this act; to prescribe their duties,
218	authority, and responsibilities; and to fix their salaries,
219	wages, or compensation.
220	(8) To designate a depository or depositories for the
221	funds of the Board and to establish by resolution of the Board
222	the method and authority under which such funds may be withdrawn
223	from such depository or depositories, provided, however, that
224	any officer of the Board or any agent or employee thereof, who
225	shall be authorized to sign checks, drafts, orders, or warrants
226	on any account of the Board, shall first execute a bond in favor
227	of the Board in a penal sum of $25,000 with a surety company
228	authorized to do business in the State of Florida. The aforesaid
229	bonds shall be conditioned upon the faithful performance of the
230	duties of such officers, agents, or employees and shall be
231	approved by the remaining members of the Board, and the premiums
232	on all such bonds shall be paid by the Board.
233	(9) To designate by resolution a fiscal year for the
234	Hospital District and to change the same from time to time.
235	(10) To issue bonds of the Hospital District to finance
236	the planning, purchase, lease, construction, furnishing, and
237	equipping of any buildings, facilities, or land therefor, which
238	the Board is authorized to purchase, lease, build, construct,
239	and operate, which bonds may be payable from the taxes herein
240	authorized, and for the payment of which the full faith and
241	credit of the Hospital District may be pledged, in an amount
242	never to exceed 20 percent of the total assessed valuation or
243	market valuation, whichever is greater, as determined by Brevard
244	County, of all taxable property within the limits of the
245	Hospital District. Such bonds shall be signed in the name of the
246	Hospital District by the President of the Board, shall be
247	attested by the Secretary of the Board, shall be under the seal
248	of the Hospital District, may bear interest coupons to be signed
249	with the facsimile signature of the Secretary of the Board, and
250	may be of such denominations as shall be determined by the
251	Hospital Board. Said bonds may bear interest at a rate to be
252	fixed by the Board; however, said rate of interest shall not
253	exceed that provided by general law and shall be payable either
254	annually or semiannually. Said bonds shall be due not more than
255	40 years from the date thereof.
256	Prior to the issuance of any such bonds, the Board shall by
257	resolution authorize the issuance of the same, fixing the
258	aggregate amount of the proposed issue, the denomination, the
259	rate of interest, the purpose for which the moneys derived
260	therefrom shall be expended, and the maturity of the bonds
261	either in serial form or all to mature at a fixed date, and
262	shall provide for and create a sinking fund to pay the principal
263	and interest of the said bonds as the same shall mature. The
264	bonds may be sold by the Board at public sale, or sealed bids,
265	after advertisement for sale at least once a week for 3
266	consecutive weeks in a newspaper published in Brevard County
267	having a general circulation in the Hospital District, or
268	advertisement of the said sale may, at the option of the Board,
269	be published once a week for 2 consecutive weeks in a financial
270	paper published in the City of New York. If the bonds are not
271	sold after either of such advertisements, the bonds may be sold
272	at private sale at any time after the date advertised for the
273	reception of the sealed bids; however, no bonds shall be sold
274	for less than 95 percent of the par value thereof, with accrued
275	interest, and no private sale of the bonds shall be made at a
276	price lower than the best sealed bid received therefor.
277	All bonds issued and sold by the Hospital District under
278	the provisions of this act, or under the laws of the State of
279	Florida, shall be, constitute, and have all of the qualities and
280	incidents of negotiable instruments under the law merchant and
281	the Negotiable Instrument Law of the State of Florida; shall be
282	incontestable in the hands of bona fide purchasers or holders
283	for value; and shall not be invalid because of any irregularity
284	or defect in the proceedings for the issue and sale thereof.
285	No general obligation bonds for the payment of which the
286	full faith and credit of the Hospital District shall be pledged
287	or obligated shall be issued and sold, unless the issuance of
288	the same shall have been approved by the majority of the votes
289	cast in a freeholders’ election in which a majority of the
290	freeholders who are qualified electors residing within the
291	Hospital District shall participate and said election shall be
292	held in the manner provided by the Florida Constitution and
293	applicable Statutes of the State of Florida relating to the
294	calling and holding of freeholders' elections for the approval
295	of the issuance of bonds by special tax districts.
296	The payment of any general obligation bonds, including
297	interest thereon, issued and sold by the Hospital District shall
298	be secured by a first lien against the taxes to be levied by the
299	Board of County Commissioners of Brevard County as authorized by
300	this act to the extent that such taxes may be required to pay
301	such interest and principal, and the Board shall certify to the
302	Board of County Commissioners of Brevard County each year, as
303	herein provided, such sums as may be required for debt service
304	on said bonds and to pay the interest and principal thereon, and
305	the Board of County Commissioners of Brevard County shall levy
306	such taxes, within the limits specified in this act, as will be
307	required for said debt service on said bonds.
308	(11)(a) To provide by resolution at one time or from time
309	to time for the issuance of Revenue Certificates of the Hospital
310	District for the purpose of paying all or a part of the cost of
311	acquisition, construction, planning, leasing, repairing,
312	extensions to, additions, equipping, and reconstruction of any
313	hospital buildings and facilities of the Hospital District. The
314	Certificates of each issue shall be dated, shall bear interest
315	at a rate to be fixed by the Board, however, said rate of
316	interest shall not exceed that provided by general law, shall
317	mature at such time or times, not exceeding 40 years from their
318	date or dates, as may be determined by the Board, and may be
319	made redeemable before maturity, at the option of the Board, at
320	such price or prices and under such terms and conditions as may
321	be fixed by the Board prior to the issuance of the Certificates.
322	The Board shall determine the form of the Certificates,
323	including any interest coupons to be attached thereto, and the
324	manner of execution of the Certificates and coupons to be
325	attached thereto, and shall fix the denomination or
326	denominations of the Certificates and the place or places of
327	payment of principal and interest, which may be at any bank or
328	trust company within or without the State. In case any officer
329	whose signature or a facsimile of whose signature shall appear
330	on any certificates or coupons shall cease to be such officer
331	before the delivery of such Certificates, such signature or such
332	facsimile shall nevertheless be valid and sufficient for all
333	purposes the same as if he or she had remained in office until
334	such delivery. All Certificates issued under the provisions of
335	this act shall have and are hereby declared to have all the
336	qualities and incidents of negotiable instruments under the
337	negotiable instruments laws of the State. The Certificates may
338	be issued in coupon or in registered form, or both, as the Board
339	may determine, and provisions may be made for the registration
340	of any coupon Certificates as to principal alone and also as to
341	both principal and interest and for the reconversion into coupon
342	Certificates of any Certificates registered as to both principal
343	and interest. The issuance of such Certificates shall not be
344	subject to any limitations or conditions contained in any other
345	law, and the Board may sell such Certificates in such manner and
346	for such price as it may determine to be for the best interest
347	of the Board, but no such sale shall be made at a price so low
348	as to require the payment of interest on the money received
349	therefor which shall exceed that provided by general law,
350	computed with relation to the absolute maturity of the
351	Certificates in accordance with standard tables of certificate
352	values, excluding, however, from such computations the amount of
353	any premium to be paid on redemption of any Certificates prior
354	to maturity. Prior to the preparation of definitive
355	Certificates, the Board may, under like restrictions, issue
356	interim receipts or temporary Certificates with or without
357	coupons, exchangeable for definitive Certificates when such
358	Certificates have been executed and are available for delivery.
359	The Board may also provide for the replacement of any
360	Certificates which shall be mutilated, destroyed, or lost.
361	(b) Certificates may be issued under the provisions of
362	this act without obtaining the consent of any commission, board,
363	bureau, or agency of the State or County and without any other
364	proceedings or the happening of any other condition or thing
365	than those proceedings, conditions, or things which are
366	specifically required by this act.
367	(c) The proceeds of the Certificates shall be used solely
368	for the payment of the cost of the hospital facilities for which
369	such Certificates shall have been authorized and shall be
370	disbursed in the manner provided in the resolution or in the
371	Trust Agreement authorizing the issuance of such Certificates.
372	If the proceeds of the Certificates of any issue shall exceed
373	the amount required for the purpose for which the same shall
374	have been issued, the surplus shall be set aside and used only
375	for the payment of the cost of additional projects or for the
376	payment of the principal of and interest on such Certificates.
377	In the event that the actual cost of the project exceeds the
378	estimated cost, the Board may issue additional Certificates to
379	cover the deficiency, subject to the same restrictions as
380	required for the original issue.
381	(d) Revenue Certificates issued under the provisions of
382	this act may be payable from the revenue derived from the
383	operation of any hospital facility or combination of hospital
384	facilities of the Hospital District under the supervision,
385	operation, and control of the Hospital Board and from any other
386	funds legally available therefor. The issuance of such Revenue
387	Certificates shall not directly, indirectly, or contingently
388	obligate the State, the Board, or the Hospital District to levy
389	any ad valorem taxes or to make any appropriations for their
390	payment or for the operation and maintenance of the hospital
391	facilities of the Hospital District.
392	(e) The Board shall not convey or mortgage any hospital
393	facility or any part thereof as security for the payment of the
394	Revenue Certificates.
395	(f) In the discretion of the Board, each or any issue of
396	such Revenue Certificates may be secured by a Trust Agreement by
397	and between the Hospital District and a corporate trustee, which
398	may be any trust company or bank having the powers of a trust
399	company within or without the State. Such Trust Agreement may
400	pledge or assign the revenues to be received by the Board. The
401	resolution providing for the issuance of Revenue Certificates or
402	such Trust Agreement may contain such provisions for protecting
403	and enforcing the rights and remedies of the Certificate holders
404	as may be reasonable, proper, and not in violation of law,
405	including covenants setting forth the duties of the Board in
406	relation to the acquisition, construction, improvement,
407	maintenance, operation, repair, equipping, and insurance of the
408	hospital facilities, and the custody, safeguarding, and
409	application of all moneys. It shall be lawful for any bank or
410	trust company incorporated under the laws of this State to act
411	as such depository and to furnish such indemnifying certificates
412	or to pledge such securities as may be required by the Board.
413	Such resolution or such Trust Agreement may restrict the
414	individual right of action by Certificate holders as is
415	customary in Trust Agreements securing certificates or
416	debentures of corporations. In addition to the foregoing, such
417	resolution or such Trust Agreement may contain such other
418	provisions as the Board may deem reasonable and proper for the
419	security of the Certificate holders. Except as otherwise
420	provided in this act, the Board may provide, by resolution or by
421	Trust Agreement, for the payment of the proceeds of the sale of
422	the Revenue Certificates and the revenues of the facilities to
423	such officer, board, or depository as it may determine for the
424	custody thereof, and for the method of disbursement thereof,
425	with such safeguards and restrictions as it may determine. All
426	expenses incurred in carrying out such Trust Agreement may be
427	treated as a part of the cost of operation of the facilities
428	affected by such Trust Agreement.
429	(g) The resolution or Trust Agreement providing for the
430	issuance of the Revenue Certificates may also contain such
431	limitations upon the issuance of additional Revenue Certificates
432	as the Hospital District may deem proper, and such additional
433	Certificates shall be issued under such restriction or
434	limitations as may be prescribed by such resolution or Trust
435	Agreement.
436	(h) The Board is hereby authorized to provide by
437	resolution for the issuance of Refunding Revenue Certificates
438	for the purpose of refunding any Revenue Certificates,
439	respectively, then outstanding and issued under the provisions
440	of this act. The Board is further authorized to provide by
441	resolution for the issuance of Revenue Certificates for the
442	combined purpose of (1) paying the cost of any acquisition,
443	construction, planning, leasing, extension to, addition,
444	improving, equipping, or reconstruction of a facility or
445	facilities of the Hospital District, and (2) refunding Revenue
446	Certificates of the Hospital District which shall theretofore
447	have been issued under the provisions of this act and shall then
448	be outstanding. The issuance of such obligations, the maturities
449	and other details thereof, the right and remedies of the holders
450	thereof, and the rights, powers, privileges, duties, and
451	obligations of the Hospital District with respect to the same
452	shall be governed by the foregoing provisions of this act
453	insofar as the same may be applicable.
454	(12) To provide a retirement program for the Hospital
455	District’s employees who become covered by the program, to
456	establish qualifications for coverage under the program, to pay
457	part of the cost of such program, to contract with any insurance
458	company licensed to do business in Florida for the establishment
459	and operation of the program, to charge its covered employees
460	for the employees’ share of the cost of the program, and to take
461	such other action as may be necessary to establish and operate
462	the retirement program. Said Board shall have the power to
463	withdraw, by resolution, from the State and County Officers and
464	Employees’ Retirement System as established by chapter 122,
465	Florida Statutes, and this provision shall specifically amend
466	section 122.061, Florida Statutes, insofar as the section
467	prohibits the withdrawal of the Cape Canaveral Hospital
468	employees from the retirement system. In the event that the
469	Board shall adopt a resolution by which the employees of the
470	Hospital District shall be withdrawn from the State and County
471	Officers and Employees’ Retirement System, such withdrawal shall
472	become effective on July 1 following the adoption of the
473	resolution, and the Board shall send a certified copy of the
474	resolution to the Chief Financial Officer of the State.
475	Beginning on July 1 following the adoption of the resolution,
476	the Hospital District shall not be required to contribute to the
477	State and County Officers and Employees’ Retirement System.
478	Section 4(B). In the event that the Board no longer has
479	responsibility for operation and management of Cape Canaveral
480	Hospital by heretofore or hereafter leasing the hospital
481	facilities to a not-for-profit corporation, so long as such
482	lease remains in force and effect, the Board shall not have the
483	powers contained in section 4(A) hereof but shall have the
484	following additional powers:
485	(1) To acquire by grant, purchase, lease, devise, gift,
486	bequest, or condemnation, or in any other manner, real or
487	personal property, or any estate or interest therein, within or
488	without the Hospital District, which by resolution the Board
489	shall determine to be necessary for the purposes of the Hospital
490	District, said determination to be conclusive, except in case of
491	fraud or gross abuse of discretion; and to improve, maintain,
492	sell, lease, mortgage, or otherwise encumber the same, any part
493	thereof, or any interest therein upon such terms and conditions
494	as the Board shall fix and determine, and said determination
495	shall be deemed conclusive, except in case of fraud or gross
496	abuse of discretion.
497	(2) To contract with individuals, partnerships, limited
498	liability companies, corporations, municipalities, political
499	subdivisions, agencies, or districts of the State of Florida,
500	the United States of America, or any of the several States
501	thereof, and any other country of the world and any political
502	subdivision thereof.
503	(3) To determine the sum or amount of money, over and
504	above and in addition to anticipated income and receipts to be
505	paid by the patients who will be treated in the Hospital, which
506	will be required during the ensuing fiscal year to pay and
507	satisfy all anticipated obligations and expenses to be incurred
508	by the Hospital during the said ensuing fiscal year in the
509	performance of the functions and purposes authorized under this
510	act, including debt service on any bonds which may be issued
511	hereunder; subject to the provision that the sum estimated by
512	the Board to be required to pay and satisfy the expenses of the
513	Hospital for all purposes, other than debt service on any bonds
514	which may have been issued hereunder, for said fiscal year shall
515	not exceed the amount which would be realized from a tax of 1
516	mill upon all real and personal property, less all such property
517	exempted from taxation by the Florida Constitution or the
518	Statutes of the State of Florida, located within the Hospital
519	District; and further subject to the provision that the sum
520	estimated by the Board to be required to pay and satisfy all
521	obligations and expenses incurred by the Hospital for all
522	purposes, including debt service on any bonds which may have
523	been issued by the Hospital District hereunder, shall not exceed
524	the amount which would be realized from a tax of 2 1/4 mills
525	upon all real and personal property, less all such property
526	exempt from taxation by the Florida Constitution or the Statutes
527	of the State of Florida, located within the Hospital District.
528	Such determination shall be made by resolution of the Board and
529	it shall be the duty of the President and the Secretary of the
530	Board to certify to the Board of County Commissioners of Brevard
531	County the total sum which the Board believes and estimates will
532	be required during the ensuing fiscal year to pay and satisfy
533	all expenses of the Hospital, except debt service on any bonds
534	which may have been issued hereunder, and the sum which the
535	Board believes and anticipates will be required for debt service
536	on said bonds, in the event that any bonds have been issued and
537	sold hereunder by the Hospital District.
538	The Board of County Commissioners of Brevard County, upon
539	being furnished a certified copy of the resolution of the Board,
540	shall levy the necessary millage against all real and personal
541	property, less all such property exempt from taxation by the
542	Florida Constitution or the Statutes of the State of Florida,
543	situated within the Hospital District, required to raise such
544	amount, provided such millage shall not exceed 1 mill for all
545	expenses of the Hospital other than debt service on any bonds
546	which may have been issued and sold hereunder and shall not
547	exceed 2 1/4 mills for all obligations and expenses of the
548	Hospital including debt service on any such bonds. The certified
549	copy of the resolution of the Board shall be filed with the
550	Board of County Commissioners of Brevard County not less than 10
551	days prior to the time fixed by law for the levy of general
552	county taxes, and all taxes so levied by the Board of County
553	Commissioners of Brevard County for the Board shall be collected
554	by the Tax Collector of Brevard County and paid over to the
555	Board.
556	(4) To designate a depository or depositories for the
557	funds of the Board and to establish by resolution of the Board
558	the method and authority under which such funds may be withdrawn
559	from such depository or depositories, provided, however, that
560	any officer of the Board or any agent or employee thereof, who
561	shall be authorized to sign checks, drafts, orders, or warrants
562	on any account of the Board, shall first execute a bond in favor
563	of the Board in a penal sum of $25,000 with a surety company
564	authorized to do business in the State of Florida. The aforesaid
565	bonds shall be conditioned upon the faithful performance of the
566	duties of such officers, agents, or employees and shall be
567	approved by the remaining members of the Board, and the premiums
568	on all such bonds shall be paid by the Board.
569	(5) To designate by resolution a fiscal year for the
570	Hospital District and to change the same from time to time.
571	(6) To issue bonds of the Hospital District to finance the
572	planning, purchase, lease, construction, furnishing, and
573	equipping of any buildings, facilities, or land therefor, which
574	the Board is authorized to purchase, lease, build, construct,
575	and operate, which bonds may be payable from the taxes herein
576	authorized, and for the payment of which the full faith and
577	credit of the Hospital District may be pledged, in an amount
578	never to exceed 20 percent of the total assessed valuation or
579	market valuation, whichever is greater, as determined by Brevard
580	County, of all taxable property within the limits of the
581	Hospital District. Such bonds shall be signed in the name of the
582	Hospital District by the President of the Board, shall be
583	attested by the Secretary of the Board, shall be under the seal
584	of the Hospital District, may bear interest coupons to be signed
585	with the facsimile signature of the Secretary of the Board, and
586	may be of such denominations as shall be determined by the
587	Hospital Board. Said bonds may bear interest at a rate to be
588	fixed by the Board; however, said rate of interest shall not
589	exceed that provided by general law and shall be payable either
590	annually or semiannually. Said bonds shall be due not more than
591	40 years from the date thereof.
592	Prior to the issuance of any such bonds, the Board shall by
593	resolution authorize the issuance of the same, fixing the
594	aggregate amount of the proposed issue, the denomination, the
595	rate of interest, the purpose for which the moneys derived
596	therefrom shall be expended, and the maturity of the bonds,
597	either in serial form or all to mature at a fixed date, and
598	shall provide for and create a sinking fund to pay the principal
599	and interest of the said bonds as the same shall mature. The
600	bonds may be sold by the Board at public sale, or sealed bids,
601	after advertisement for sale at least once a week for 3
602	consecutive weeks in a newspaper published in Brevard County
603	having a general circulation in the Hospital District, or
604	advertisement of the said sale may, at the option of the Board,
605	be published once a week for 2 consecutive weeks in a financial
606	paper published in the City of New York. If the bonds are not
607	sold after either of such advertisements, the bonds may be sold
608	at private sale at any time after the date advertised for the
609	reception of the sealed bids; however, no bonds shall be sold
610	for less than 95 percent of the par value thereof, with accrued
611	interest, and no private sale of the bonds shall be made at a
612	price lower than the best sealed bid received therefor.
613	All bonds issued and sold by the Hospital District under
614	the provisions of this act, or under the laws of the State of
615	Florida, shall be, constitute, and have all of the qualities and
616	incidents of negotiable instruments under the law merchant and
617	the Negotiable Instrument Law of the State of Florida; shall be
618	incontestable in the hands of bona fide purchasers or holders
619	for value; and shall not be invalid because of any irregularity
620	or defect in the proceedings for the issue and sale thereof.
621	No general obligation bonds for the payment of which the
622	full faith and credit of the Hospital District shall be pledged
623	or obligated shall be issued and sold, unless the issuance of
624	the same shall have been approved by the majority of the votes
625	cast in a freeholders’ election in which a majority of the
626	freeholders who are qualified electors residing within the
627	Hospital District shall participate and said election shall be
628	held in the manner provided by the Florida Constitution and
629	applicable Statutes of the State of Florida relating to the
630	calling and holding of freeholders' elections for the approval
631	of the issuance of bonds by special tax districts.
632	The payment of any general obligation bonds, including
633	interest thereon, issued and sold by the Hospital District shall
634	be secured by a first lien against the taxes to be levied by the
635	Board of County Commissioners of Brevard County as authorized by
636	this act to the extent that such taxes may be required to pay
637	such interest and principal, and the Board shall certify to the
638	Board of County Commissioners of Brevard County each year, as
639	herein provided, such sums as may be required for debt service
640	on said bonds and to pay the interest and principal thereon, and
641	the Board of County Commissioners of Brevard County shall levy
642	such taxes, within the limits specified in this act, as will be
643	required for said debt service on said bonds.
644	(7) To provide by resolution at one time or from time to
645	time for the issuance of Revenue Certificates of the Hospital
646	District for the purpose of paying all or a part of the cost of
647	acquisition, construction, planning, leasing, repairing,
648	extensions to, additions, equipping, and reconstruction of any
649	hospital buildings and facilities of the Hospital District. The
650	Certificates of each issue shall be dated, shall bear interest
651	at a rate to be fixed by the Board, however, said rate of
652	interest shall not exceed that provided by general law, shall
653	mature at such time or times, not exceeding 40 years from their
654	date or dates, as may be determined by the Board, and may be
655	made redeemable before maturity, at the option of the Board, at
656	such price or prices and under such terms and conditions as may
657	be fixed by the Board prior to the issuance of the Certificates.
658	The Board shall determine the form of the Certificates,
659	including any interest coupons to be attached thereto, and the
660	manner of execution of the Certificates and coupons to be
661	attached thereto, and shall fix the denomination or
662	denominations of the Certificates and the place or places of
663	payment of principal and interest, which may be at any bank or
664	trust company within or without the State. In case any officer
665	whose signature or a facsimile of whose signature shall appear
666	on any certificates or coupons shall cease to be such officer
667	before the delivery of such Certificates, such signature or such
668	facsimile shall nevertheless be valid and sufficient for all
669	purposes the same as if he or she had remained in office until
670	such delivery. All Certificates issued under the provisions of
671	this act shall have and are hereby declared to have all the
672	qualities and incidents of negotiable instruments under the
673	negotiable instruments laws of the State. The Certificates may
674	be issued in coupon or in registered form, or both, as the Board
675	may determine, and provisions may be made for the registration
676	of any coupon Certificates as to principal alone and also as to
677	both principal and interest and for the reconversion into coupon
678	Certificates of any Certificates registered as to both principal
679	and interest. The issuance of such Certificates shall not be
680	subject to any limitations or conditions contained in any other
681	law, and the Board may sell such Certificates in such manner and
682	for such price as it may determine to be for the best interest
683	of the Board, but no such sale shall be made at a price so low
684	as to require the payment of interest on the money received
685	therefor which shall exceed that provided by general law,
686	computed with relation to the absolute maturity of the
687	Certificates in accordance with standard tables of certificate
688	values, excluding, however, from such computations the amount of
689	any premium to be paid on redemption of any Certificates prior
690	to maturity. Prior to the preparation of definitive
691	Certificates, the Board may, under like restrictions, issue
692	interim receipts or temporary Certificates with or without
693	coupons, exchangeable for definitive Certificates when such
694	Certificates have been executed and are available for delivery.
695	The Board may also provide for the replacement of any
696	Certificates which shall be mutilated, destroyed, or lost.
697	Certificates may be issued under the provisions of this act
698	without obtaining the consent of any commission, board, bureau,
699	or agency of the State or County and without any other
700	proceedings or the happening of any other condition or thing
701	than those proceedings, conditions, or things which are
702	specifically required by this act.
703	The proceeds of the Certificates shall be used solely for
704	the payment of the cost of the hospital facilities for which
705	such Certificates shall have been authorized and shall be
706	disbursed in the manner provided in the resolution or in the
707	Trust Agreement authorizing the issuance of such Certificates.
708	If the proceeds of the Certificates of any issue shall exceed
709	the amount required for the purpose for which the same shall
710	have been issued, the surplus shall be set aside and used only
711	for the payment of the cost of additional projects or for the
712	payment of the principal of and interest on such Certificates.
713	In the event that the actual cost of the project exceeds the
714	estimated cost, the Board may issue additional Certificates to
715	cover the deficiency, subject to the same restrictions as
716	required for the original issue.
717	Revenue Certificates issued under the provisions of this
718	act may be payable from the revenue derived from the operation
719	of any hospital facility or combination of hospital facilities
720	of the Hospital District under the supervision, operation, and
721	control of the Hospital Board and from any other funds legally
722	available therefor. The issuance of such Revenue Certificates
723	shall not directly, indirectly, or contingently obligate the
724	State, the Board, or the Hospital District to levy any ad
725	valorem taxes or to make any appropriations for their payment or
726	for the operation and maintenance of the hospital facilities of
727	the Hospital District.
728	The Board shall not convey or mortgage any hospital
729	facility or any part thereof as security for the payment of the
730	Revenue Certificates.
731	In the discretion of the Board, each or any issue of such
732	Revenue Certificates may be secured by a Trust Agreement by and
733	between the Hospital District and a corporate trustee, which may
734	be any trust company or bank having the powers of a trust
735	company within or without the State. Such Trust Agreement may
736	pledge or assign the revenues to be received by the Board. The
737	resolution providing for the issuance of Revenue Certificates or
738	such Trust Agreement may contain such provisions for protecting
739	and enforcing the rights and remedies of the Certificate holders
740	as may be reasonable, proper, and not in violation of law,
741	including covenants setting forth the duties of the Board in
742	relation to the acquisition, construction, improvement,
743	maintenance, operation, repair, equipping, and insurance of the
744	hospital facilities, and the custody, safeguarding, and
745	application of all moneys. It shall be lawful for any bank or
746	trust company incorporated under the laws of this State to act
747	as such depository and to furnish such indemnifying certificates
748	or to pledge such securities as may be required by the Board.
749	Such resolution or such Trust Agreement may restrict the
750	individual right of action by Certificate holders as is
751	customary in Trust Agreements securing certificates or
752	debentures of corporations. In addition to the foregoing, such
753	resolution or such Trust Agreement may contain such other
754	provisions as the Board may deem reasonable and proper for the
755	security of the Certificate holders. Except as otherwise
756	provided in this act, the Board may provide, by resolution or by
757	Trust Agreement, for the payment of the proceeds of the sale of
758	the Revenue Certificates and the revenues of the facilities to
759	such officer, board, or depository as it may determine for the
760	custody thereof, and for the method of disbursement thereof,
761	with such safeguards and restrictions as it may determine. All
762	expenses incurred in carrying out such Trust Agreement may be
763	treated as a part of the cost of operation of the facilities
764	affected by such Trust Agreement.
765	The resolution or Trust Agreement providing for the
766	issuance of the Revenue Certificates may also contain such
767	limitations upon the issuance of additional Revenue Certificates
768	as the Hospital District may deem proper, and such additional
769	Certificates shall be issued under such restriction or
770	limitations as may be prescribed by such resolution or Trust
771	Agreement.
772	The Board is hereby authorized to provide by resolution for
773	the issuance of Refunding Revenue Certificates for the purpose
774	of refunding any Revenue Certificates, respectively, then
775	outstanding and issued under the provisions of this act. The
776	Board is further authorized to provide by resolution for the
777	issuance of Revenue Certificates for the combined purpose of(1)
778	paying the cost of any acquisition, construction, planning,
779	leasing, extension to, addition, improving, equipping, or
780	reconstruction of a facility or facilities of the Hospital
781	District, and (2) refunding Revenue Certificates of the Hospital
782	District which shall theretofore have been issued under the
783	provisions of this act and shall then be outstanding. The
784	issuance of such obligations, the maturities and other details
785	thereof, the right and remedies of the holders thereof, and the
786	rights, powers, privileges, duties, and obligations of the
787	Hospital District with respect to the same shall be governed by
788	the foregoing provisions of this act insofar as the same may be
789	applicable.
790	Section 5. The governing authority of the Hospital
791	District is hereby created and designated as the Cape Canaveral
792	Hospital District Board, and it shall consist of 12 members,
793	each of whom shall be a qualified elector residing within the
794	Hospital District.
795	Section 6. Each member of the Board shall serve for a term
796	of 4 years or until his or her successor has been appointed and
797	qualified. Each member shall serve without compensation. In the
798	event that the Board shall heretofore or hereafter lease the
799	hospital facilities to a nonprofit corporation, the members of
800	the Board of Directors or Trustees of such nonprofit corporation
801	shall also serve on a voluntary basis without compensation.
802	After October 1, 1989, no more than 1/2 of the members of the
803	Board shall also serve as members of the Board of Directors or
804	Trustees of any Lessee nonprofit corporation.
805	Section 7. The Governor of the State of Florida shall
806	appoint the successors to the Board upon expiration of the term
807	of office of each member or upon the death, resignation, or
808	removal of a member of the Board. Any member appointed to fill a
809	vacancy on the Board caused by the death, resignation, or
810	removal of a member shall serve for the balance of the term of
811	office of the member whom he or she succeeded.
812	Section 8. The Board shall elect from its own members a
813	chair, vice chair, secretary, and treasurer, each of whom shall
814	serve for a term of 1 year or until his or her successor has
815	been elected and has qualified. The officers shall be elected
816	each year at the organizational meeting of the Board. If any
817	officer of the Board does not complete his or her term of
818	office, his or her successor shall be elected by the Board, and
819	any successor so elected shall serve the remainder of the term
820	of the succeeded officer. The duties, responsibilities,
821	authorities, and privileges of each of the officers of the Board
822	shall be stated in the Board bylaws.
823	Section 9. Seven members of the Board shall constitute a
824	quorum of the Board for the purpose of conducting business and
825	exercising its powers, and action may be taken by the Board only
826	upon the affirmative vote of a majority of the members of the
827	Board then serving.
828	Section 10. Regular meetings of the Board shall be held
829	annually at a time to be designated by the Board by resolution,
830	and at such other times as may be established by the Board, by
831	resolution thereof, in the event that the Board deems it
832	advisable to hold additional regular meetings. Special meetings
833	of the Board shall be held upon the call of the President of the
834	Board, or in his or her absence the Vice President of the Board,
835	or upon the written request of a majority of the members of the
836	Board, provided that at least 48 hours’ written notice of any
837	special meeting is given to each member of the Board; however,
838	any meeting shall be considered to have been duly called if at
839	least 10 members of the Board waive written notice of the
840	meeting.
841	Section 11. The Board shall keep accurate minutes of its
842	meetings and proceedings, and the minutes shall be open to
843	public inspection at all reasonable times at the premises or
844	office of the Hospital District.
845	Section 12. All meetings of the Board shall be open to the
846	public and conducted in accordance with applicable law. All
847	meetings of the Board shall be held within the Hospital
848	District. In the event that the Board shall heretofore or
849	hereafter lease the hospital facilities to a nonprofit
850	corporation, the Board of Directors or Trustees of the nonprofit
851	corporation shall be obligated to hold their regular and special
852	meetings in such a manner so that they will be open to the
853	public; however, they shall have the right to go into executive
854	session in order to discuss and resolve the following issues:
855	(a) employee issues, (b) medical staff issues, including
856	disciplinary actions, (c) property acquisitions, (d) strategic
857	planning, and (e) pending or threatened litigation.
858	Section 13. If the Hospital District desires to exchange
859	sovereignty submerged lands for submerged lands owned by the
860	Hospital District within the same water body, the Hospital
861	District shall submit an application for an exchange to the
862	Board of Trustees of the Internal Improvement Trust Fund for
863	consideration pursuant to chapter 253, Florida Statutes, and
864	Board of Trustees rules. The Board of Trustees of the Internal
865	Improvement Trust Fund shall determine, pursuant to s. 11, Art.
866	X of the Florida Constitution, whether such an exchange is in
867	the public interest and may authorize such an exchange if it so
868	determines. If the Board of Trustees of the Internal Improvement
869	Trust Fund approves the exchange, any development on the
870	submerged lands shall be deemed in the public interest by the
871	Legislature. Those activities that meet the applicable criteria
872	for permit issuance pursuant to chapter 373, Florida Statutes,
873	and for which the Department of Environmental Protection or a
874	water management district has issued such a permit are deemed
875	necessary to enhance the quality of the public health and are
876	hereby authorized.
877	Section 14. The Legislature recognizes that the Hospital
878	District provides health care facilities and services to
879	individuals within the jurisdiction of multiple local
880	governments and that it is in the public interest for the Board
881	to engage in planning for the Hospital District in order to most
882	efficiently provide such health care facilities and services.
883	The Board is therefore authorized, pursuant to chapter 189,
884	Florida Statutes, to prepare a comprehensive Public Facilities
885	Report for the use of the lands, resources, and waters conveyed
886	to it by the Board of Trustees of the Internal Improvement Trust
887	Fund, to participate in such planning with other public agencies
888	as authorized by chapter 189, Florida Statutes, to enter into
889	interlocal agreements, and to enact such regulations as are
890	necessary to implement said Public Facilities Report. Further,
891	upon adoption of said Public Facilities Report by the Board in
892	accordance with the procedures and requirements of this act and
893	chapter 189, Florida Statutes, all development within the
894	boundaries of the lands conveyed to the Hospital District by the
895	Board of Trustees of the Internal Improvement Trust Fund must be
896	consistent with said Public Facilities Report. The height,
897	density, or intensity of any construction or reconstruction of
898	facilities and filling of submerged lands required for facility
899	construction or reconstruction pursuant to the Public Facilities
900	Report shall be in compliance with applicable provisions of the
901	Agency for Health Care Administration contained within chapter
902	59A, Florida Administrative Code, chapter 4 of the Florida
903	Building Code, chapters 253 and 373, Florida Statutes, and all
904	provisions of the City of Cocoa Beach Charter and land
905	development regulations other than height, density, or intensity
906	and filling submerged lands. Provided the foregoing conditions
907	are satisfied, the district’s Public Facilities Report shall be
908	deemed in compliance with section 189.4155, Florida Statutes,
909	the City of Cocoa Beach Charter, Comprehensive Plan, and
910	applicable land development regulations.
911	Section 15. The provisions of this act shall be liberally
912	construed in order to effectively carry out the purposes of this
913	act in the interest of the health, safety, and welfare of the
914	residents of the Hospital District.
915	Section 16. It is declared to be the legislative intent
916	that if any section, subsection, sentence, clause, or provision
917	of this act be held invalid, the remainder of this act shall not
918	be affected.
919	Section 17. In accordance with section 189.404(3), Florida
920	Statutes, the following subsections shall constitute the minimum
921	charter requirements for the District:
922	(1) The District is organized and exists for the purpose
923	set forth in this act, as it may be amended from time to time.
924	(2) The powers, functions, and duties of the District,
925	including, but not limited to, ad valorem taxation, bond
926	issuance, other revenue-raising capabilities, budget preparation
927	and approval, liens and foreclosure of liens, use of tax deeds
928	and tax certificates as appropriate for non-ad valorem
929	assessments, and contractual agreements shall be as set forth in
930	this act, chapters 189 and 197, Florida Statutes, or any other
931	applicable general or special law, as they may be amended from
932	time to time.
933	(3) The District was created by special act of the Florida
934	Legislature by chapter 59-1121, Laws of Florida, as amended.
935	(4) The District's charter may be amended only by special
936	act of the Legislature.
937	(5) In accordance with chapter 189, Florida Statutes, and
938	this act, the District is governed by a 12-member Board as
939	provided for herein.
940	(6) The compensation of the Board Members shall be as
941	provided for by this act.
942	(7) The administrative duties of the Board shall be as set
943	forth in this act and chapter 189, Florida Statutes, as they may
944	be amended from time to time.
945	(8) Requirements for financial disclosure, meeting
946	notices, reporting, public records maintenance, and per diem
947	expenses for officers and employees shall be as set forth in
948	chapters 112, 119, 189, and 286, Florida Statutes, and this act,
949	as they may be amended from time to time.
950	(9) The procedures and requirements governing the issuance
951	of bonds, notes, and other evidence of indebtedness by the
952	District shall be as set forth in this act and applicable
953	general laws, as they may be amended from time to time.
954	(10) The procedures for conducting any required District
955	elections or referenda, and for qualification of electors, shall
956	be pursuant to this act and chapter 189, Florida Statutes, as
957	they may be amended from time to time.
958	(11) The District may be financed by any method
959	established in this act and applicable general laws, as they may
960	be amended from time to time.
961	(12) The District does not collect non-ad valorem
962	assessments, fees, or service charges as set forth in chapter
963	197, Florida Statutes.
964	(13) The District's planning requirements shall be as set
965	forth in chapter 189, Florida Statutes, and this act, as they
966	may be amended from time to time.
967	(14) The District's geographic boundary limitations shall
968	be as set forth in this act.
969	(15) This section shall not be construed to limit or
970	restrict any of the powers vested in said Board by any other
971	section or provision of this act.
972	Section 4. If any provision of this act or the application
973	thereof to any person or circumstance is held invalid, the
974	invalidity shall not affect other provisions or applications of
975	the act which can be given effect without the invalid provision
976	or application, and to this end the provisions of this act are
977	declared severable.
978	Section 5. This act shall be construed as a remedial act
979	and shall be liberally construed to promote the purpose for
980	which it is intended.
981	Section 6. Chapters 59-1121, 61-1903, 65-1290, 69-861, 75-
982	332, 81-345, and 86-426, Laws of Florida, are repealed.
983	Section 7. This act shall take effect upon becoming a law.