HB 1449

1
A bill to be entitled
2An act relating to the DeSoto County Hospital District;
3codifying special laws relating to DeSoto County Hospital
4District pursuant to section 189.429, Florida Statutes;
5providing legislative intent; codifying, repealing,
6amending, and reenacting chapters 65-1450, 69-1011, 71-
7605, 73-443, 78-498, 82-288, and 89-493, Laws of Florida;
8providing district status and boundaries; providing for
9applicability of chapter 189, Florida Statutes, and other
10general laws; providing a district charter; providing
11taxation authority subject to voter approval; providing
12for ratification of prior acts; providing for liberal
13construction; providing severability; providing an
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Pursuant to section 189.429, Florida Statutes,
19this act constitutes the codification of all special acts
20relating to the DeSoto County Hospital District. It is the
21intent of the Legislature in enacting this law to provide a
22single, comprehensive special act charter for the district,
23including all current legislative authority granted to the
24district by its several legislative enactments and any
25additional authority granted by this act.
26     Section 2.  Chapters 65-1450, 69-1011, 71-605, 73-443, 78-
27498, 82-288, and 89-493, Laws of Florida, relating to the DeSoto
28County Hospital District, are codified, reenacted, amended and
29repealed as provided in this act.
30     Section 3.  The charter for the DeSoto County Hospital
31District is re-created and reenacted to read:
32     Section 1.  Minimum charter requirements.--In accordance
33with section 189.404(3), Florida Statutes, the following
34subsections shall constitute the charter of the DeSoto County
35Hospital District:
36     (a)  Purpose.--The district is organized and exists for the
37purpose of providing comprehensive health care for the citizens
38of DeSoto County, with emphasis on care of the total person
39through a medium of coordinated, modern facilities and health
40care programs and services and for all purposes set forth in
41this act as they are amended from time to time; the district
42shall also seek to generate additional revenues through business
43ventures that generate revenues to support and improve the
44health care services and facilities of the district.
45     (b)  The powers, functions, and duties of the district
46regarding non-ad valorem assessments, bond issuance, other
47revenue-raising capabilities, budget preparation and approval,
48liens and foreclosure of liens, use of tax deeds and tax
49certificates as appropriate for non-ad valorem assessments, and
50contractual agreements shall be as set forth in chapters 189 and
51197, Florida Statutes, this act, or any other applicable general
52or special law, as they are amended from time to time.
53     (c)  The district's charter may be amended only by special
54act of the Legislature.
55     (d)  The governing body of the DeSoto County Hospital
56District shall be known as the District Hospital Board of DeSoto
57County and shall consist of five members who are not members of
58the medical profession. All members shall be qualified electors
59and freeholders residing in DeSoto County for more than 1 year
60prior to appointment. The members of the board serving on the
61effective date of this act shall remain in office until the
62expiration of their current term, or until successors are duly
63appointed by the Governor. At the expiration of the terms for
64which current members of the board are appointed, the Governor
65shall thereafter appoint members for terms of 4 years ending on
66July 1, or until successors are duly appointed by the Governor.
67The Governor shall have the power to remove any members of the
68board for cause and shall fill any vacancies that may occur
69therein for the remainder of the term in which the vacancy
70occurred. The members of the board shall receive no salary, but
71each shall be paid the sum of $120 per year as expense money;
72however, no member shall be entitled to expense money unless he
73or she  has attended 75 percent of the regular meetings held by
74the board during any year. Each member shall give bond to the
75Governor for the faithful performance of his or her duties in
76the sum of at least $5,000 with a surety company qualified to do
77business in this state as surety, which bond shall be approved
78and kept by the Clerk of the Circuit Court of DeSoto County. If
79the secretary and treasurer is not a member of the board, he or
80she shall give a like bond of at least $5,000 for the faithful
81performance of his or her duties. Premiums on bonds shall be
82paid as part of the expenses of the district.
83     (e)  Requirements for financial disclosure, meeting
84notices, reporting, public records maintenance, and per diem
85expenses for officers and employees shall be as set forth in
86this act and chapters 112, 119, 189, and 286, Florida Statutes,
87as they are amended from time to time and as they apply to the
88district.
89     (f)  The procedures and requirements governing the issuance
90of bonds, notes, and other evidence of indebtedness by the
91district shall be as set forth in this act, chapter 189, Florida
92Statutes, and applicable general laws as they are amended from
93time to time.
94     (g)  The procedures for conducting district elections or
95referenda as are required and for qualification of electors
96shall be pursuant to chapter 189, Florida Statutes, this act,
97and applicable general laws as they are amended from time to
98time.
99     (h)  The district may be financed by any method established
100in this act, chapter 189, Florida Statutes, and applicable
101general laws as they are amended from time to time.
102     (i)  The methods for collecting non-ad valorem assessments,
103fees, or service charges shall be as set forth in chapters 170
104and 197, Florida Statutes, and other applicable general laws as
105they are amended from time to time.
106     (j)  The district's planning requirements shall be as set
107forth in chapter 189, Florida Statutes, as amended from time to
108time.
109     (k)  The district's geographic boundary limitations shall
110be as set forth in this act.
111     (l)  The district shall have all powers provided to it by
112this act, chapter 189, Florida Statutes, and other applicable
113general laws as they are amended from time to time.
114     (m)  The district shall have the power, when otherwise
115authorized by law and by vote of the electors of the district as
116provided for in section 3(e), to levy sales tax and ad valorem
117taxes in addition to taxes levied for the payment of bonds and
118taxes levied for periods not longer than 2 years, as provided
119for in this act.
120     Section 2.  Boundaries; status.--The district shall embrace
121and include all of DeSoto County. The district is declared to be
122an independent special district.
123     Section 3.  Powers.--
124     (a)  The District Hospital Board of DeSoto County shall
125have all the powers of a body corporate, including the power to
126sue and be sued under the name of the DeSoto County Hospital
127District; to contract and be contracted with; to adopt and use a
128common seal and to alter the same at pleasure; to acquire,
129purchase, hold, lease, mortgage, and convey such real and
130personal property as the board deems proper or expedient to
131carry out the purposes of this act; to appoint and employ a
132superintendent or matron, or both, and such other agents and
133employees, including physicians, as the board deems advisable,
134to fix a compensation of all employees, and to remove any
135appointees or employees; to insure the district's improvements,
136fixtures, and equipment against loss by fire, windstorm, or
137other coverage in such amounts as are determined reasonable and
138proper; and to borrow money and to issue evidence of
139indebtedness of the district therefor to carry out the
140provisions of this act in the manner provided in this act.
141     (b)  The district shall further have the power to certify
142to the Board of County Commissioners of DeSoto County the amount
143necessary to be raised in the district for the purposes of
144providing a fund sufficient in the opinion of the district
145hospital board to pay the cost of constructing, purchasing,
146operating, maintaining, repairing, altering, and adding to
147properties of the hospital district in each year. It shall be
148the duty of the board of county commissioners to levy upon all
149taxable property in the district and collect a tax sufficient to
150provide funds not to exceed 3 mills on assessed valuation of
151property in the district for the operation, maintenance, and
152repair of any hospitals and related healthcare facilities
153established by the district hospital board under this act. The
154proceeds of all such taxes shall be paid over to the secretary
155and treasurer of the district as such taxes are received.
156     (c)  The Board of County Commissioners of DeSoto County
157shall make such levy pursuant to the provisions of subsection
158(d).
159     (d)  The Property Appraiser of DeSoto County shall report
160in writing to the district hospital board the assessed valuation
161on all taxable property within the limits of the hospital
162district as assessed and equalized for state and county
163taxation. The assessed valuation for taxation by the board and
164the report shall be made by the property appraiser each year
165immediately after the tax assessment of the hospital district
166for that year has been reviewed and equalized by the Board of
167County Commissioners of DeSoto County. The hospital board shall
168present each year, as determined by resolution, the total amount
169to be raised by taxation upon such taxable property located
170within the hospital district for such year and the amount
171necessary for the operation, maintenance, repair, alteration,
172and addition. The district hospital board shall thereupon
173determine the rate of taxation which, when levied upon the
174assessed valuations of all taxable property within the hospital
175district, will be sufficient for the operation, maintenance,
176repair, and alteration and addition, at a rate consistent with
177applicable law, not to exceed 3 mills per year.
178     (e)  The powers conferred by subsections (b), (c), and (d),
179as well as the powers conferred by section 1(m), shall take
180effect only upon the approval of a majority of the qualified
181electors voting in a referendum election to be held in the
182district, at a special election to be called by the Board of
183County Commissioners of DeSoto County within 45 days after the
184date that a resolution calling for such election is duly adopted
185by a majority of the district's board of directors.
186     (f)  The DeSoto County Hospital District is authorized and
187empowered to finance by any commercially reasonable means,
188including the issuance of industrial development or revenue
189bonds, the construction of additional medical facilities, and
190the purchase of medical care related equipment and other classes
191of property in furtherance of the district's purposes.
192     Section 4.  Officers; meetings; records.--A chair of the
193district hospital board shall be elected annually. The board may
194elect one of its members to serve as secretary and treasurer or
195it may appoint some person not a member of the board to serve in
196that capacity. In the absence of the chair or his or her
197inability to act at any regular meetings, warrants may be signed
198by any other member of the board selected by the members present
199as chair pro tem. Three members shall constitute a quorum, and a
200vote of at least two members shall be necessary to the
201transaction of any business of the district. A regular meeting
202of the board shall be held annually. Additional meetings may be
203called by the chair at any time upon 3 days' advance notice to
204all board members, whether written, oral, or by telephone, or
205without notice if notice is waived in writing by all of the
206board members. The chair shall call a meeting of the board of
207directors upon written request of any two directors. The members
208shall cause true and accurate minutes and records to be kept of
209all business transacted by them and shall keep full, true, and
210complete books of account and minutes, which minutes, records,
211and books of account shall at all reasonable times be open and
212subject to inspection of inhabitants of the district; and any
213person desiring to do so may make or procure copies of the
214minutes, records, or books of account, or such portions thereof
215as he or she may desire; however, such records shall not include
216personnel and medical records of a private and confidential
217nature. The district may establish and charge a reasonable fee
218for copying the records. The district hospital board may destroy
219any of its records, together with any of the records of the
220hospitals owned and operated by the board, if the records are
221photographed or microfilmed prior to their destruction.
222     Section 5.  Hospital facilities and health care
223services.--The district hospital board may establish, construct,
224lease, operate, and maintain any hospital or related medical
225care facility and provide any health care services as in its
226opinion are necessary for the use of the people of the district.
227Such hospital or medical care facility shall be established,
228constructed, leased, operated, and maintained, and any such
229health care service shall be provided, for the preservation of
230the public health, for the public good, and for the use of the
231public of the district. The maintenance of any hospital or
232related medical care facility, or provision of health care
233service, within the district is found and declared to be a
234public purpose and necessary for the preservation of the public
235health, for the public use, and for the welfare of the district
236and inhabitants thereof. The location of any hospital or related
237medical care facility or health care service shall be determined
238by the board. The board may accept any and all gifts, loans, or
239advancements for the purchase of property, real or personal; for
240the construction, equipping, and maintenance of any hospital or
241related medical care facility or health care service established
242or acquired by the board; or for any other purpose set forth in
243this act.
244     Section 6.  Nurses' school.--The district hospital board
245may at any time in its discretion establish and maintain in
246connection with any hospital, and as a part thereof, a training
247school for nurses and, upon completion of a prescribed course of
248training, shall give a diploma to nurses who have satisfactorily
249completed the course. The board may adopt all rules necessary
250for the operation of a nurses' training school and make all
251necessary expenditures in connection therewith.
252     Section 7.  Eminent domain.--The district hospital board
253has the power of eminent domain and may thereby condemn and
254acquire any real or personal property within the territorial
255limits of the district which the district board deems necessary
256for the use of the district. Such power of condemnation shall be
257exercised in the same manner as is now provided by general law
258for the exercise of power of eminent domain by cities and towns
259of the state.
260     Section 8.  Indebtedness; short term.--The district
261hospital board may incur short-term indebtedness on behalf of
262the district. Such indebtedness shall be in an amount determined
263by the board to be the most advantageous to the district at the
264time of incurring such indebtedness, and at a rate of interest
265pursuant to section 215.84, Florida Statutes.
266     Section 9.  Certificates of indebtedness.--The district
267hospital board may issue certificates of this hospital district
268in such form and denominations, and bearing such rates of
269interest, for the purpose of raising funds to establish,
270maintain, operate, and construct any hospital or related medical
271care facility, as the board determines to be necessary for the
272hospital district.
273     (1)  Any certificates issued by the district hospital board
274shall:
275     (a)  Bear rates of interest at a rate consistent with
276applicable law and the prevailing commercial rate, not to exceed
2775.5 percent per year.
278     (b)  Become due not more than 30 years after the date of
279issuance. Certificates may be made redeemable upon such terms
280and conditions as the district board in its judgment deems
281appropriate.
282     (c)  Be in an aggregate amount not to exceed the amount
283allowed by applicable law.
284     (2)  The principal and interest on the certificates
285authorized in this section shall, up to $50,000 annually, be
286payable from racetrack funds accruing annually to DeSoto County
287and specifically allocated to the hospital district pursuant to
288chapter 550, Florida Statutes, and chapter 65-1105, Laws of
289Florida.
290     (3)  The certificates so issued shall be and they are
291hereby constituted as legal investments for any state, county,
292municipal, or other public funds; for any bank, savings bank,
293trustee, executor, administrator, or guardian; or for any trust
294of fiduciary funds whatsoever.
295     Section 10.  Rights of certificateholders.--The Legislature
296covenants with the holders of such certificates as are issued
297pursuant to the district's authority that it will not enact any
298law that will repeal, impair, or amend in any manner the rights
299of such holders or the security of the racetrack funds that are
300pledged to the payment of the principal and interest on the
301certificates issued pursuant to this act.
302     Section 11.  Checks and warrants.--The funds of the
303district shall be paid out only upon warrants signed by the
304chair or chair pro tem of the district board and having thereto
305affixed the corporate seal of the district, which may be an
306impression thereon or a facsimile thereof; and a warrant may not
307be drawn or issued against funds of the district except for a
308purpose authorized by this act. A warrant against funds of the
309district may not be drawn or issued until after the account or
310expenditure for which the same is to be given in payment has
311been ordered and approved by the district hospital board at a
312meeting in which a quorum is present. The chair of the board is
313authorized to sign checks and warrants of the district by the
314facsimile signature machines for that purpose, provided that the
315checks and warrants are countersigned by the treasurer for the
316district.
317     Section 12.  Expenses.--The district hospital board is
318authorized to pay from the funds of the district all reasonable
319and necessary expenses, including the fees and expenses of an
320attorney in the transaction of the business of the district and
321in carrying out and accomplishing the purposes of this act. This
322section, however, shall not be construed to limit or destroy any
323of the powers vested in the district board by any other section
324or provision of this act.
325     Section 13.  Contracts; grants; donations.--Subject to such
326provisions and restrictions as are set forth in the resolution
327authorizing or securing any bonds issued under this act, the
328district hospital board may enter into contracts with the
329Government of the United States or any agency or instrumentality
330thereof, or with the state or any county, municipality,
331district, authority, or political subdivision of the state,
332private corporation, partnership, association, or individual
333providing for or relating to the construction or acquisition of
334additions, extensions, and improvements to the hospital or
335related medical care facility and any other matters relevant
336thereto or otherwise necessary to effect the purposes of this
337act and may receive and accept from any federal agency, state
338agency, or other public body grants or loans for or in aid of
339such purposes and receive and accept aid or contributions or
340loans from any other source of either money, property, labor, or
341other thing of value to be held, used, and applied only for the
342purpose for which such grants, contributions, or loans are made.
343     Section 14.  Admission to facilities.--The hospital or
344related medical facilities established under this act shall be
345for the use and benefit of the residents of this district,
346subject to the rules and charges prescribed by the district
347hospital board which are in effect as of the date of admission
348of a patient or patients to such a hospital or related medical
349facility. Medical care and treatment for the indigent in the
350district shall be and remain the primary responsibility of
351DeSoto County, any authorization herein contained for treatment
352of indigents to the contrary notwithstanding. The district
353hospital board is granted the authority to refuse such admission
354of indigents when found by such board not to be financially
355practicable with due regard to the general financial condition
356of the district. The board is empowered to enter into and
357fulfill agreements with the Board of County Commissioners of
358DeSoto County for the admission and treatment of indigents upon
359such terms, costs, and charges as are mutually agreed upon. The
360district hospital board may accept money from any welfare funds
361provided for DeSoto County or moneys available to the indigent
362patients from a federal, state, or county agency or moneys
363available to DeSoto County from such governmental agencies for
364welfare and hospital purposes, for the payment of costs of
365treatment and care of indigent residents of the district as are
366admitted. The district hospital board may collect from patients
367who are financially able such charges as the board from time to
368time establishes. The board may extend the privileges and use of
369the hospital, related medical facilities, or clinic to
370nonresidents of the district who shall pay the rates established
371by the district board upon such terms and conditions as the
372district board provides. However, residents of the district
373wherein the hospital, related medical facilities, or clinic is
374located shall have first claim to admission. The district board
375shall further have the power to furnish and extend the benefits
376of the hospital, related medical facilities, and clinic services
377and treatment to the homes of indigent residents of the
378district. Each municipal corporation situated within the
379district and the law enforcement agencies of DeSoto County shall
380be liable to the board for the occupancy, care, medicine, and
381treatment of prisoners in the custody of the municipal
382corporation or county officers who are admitted to any hospital
383operated by the board.
384     Section 15.  Regulation of physicians, staff members, and
385practitioners.--Realizing that factors other than professional
386must enter into the qualifications of those who practice
387medicine and surgery, the district hospital board may adopt
388rules and bylaws for the operation of the hospital and hospital
389staff, as well as any related medical facilities and health care
390service and staff associated with them. The board may grant or
391revoke licenses and privileges of staff members for practice in
392and about any hospital or other medical care facility maintained
393under this act, so that the welfare and health of patients and
394the best interests of the facility may at all times be best
395served. Privileges of staff membership and appointments thereto
396may be authorized or granted by the board. The board is further
397authorized to adopt rules for the control of all professional
398and nonprofessional employees of any hospital or other medical
399care facility, which terms shall include nurses on general duty
400or on private duty attending patients, and all parties in the
401facility either as employees or in any manner in attendance of
402patients.
403     Section 16.  Insurance; board liability.--The district
404board may secure and keep in force in amounts it determines, in
405companies duly authorized to do business in this state,
406liability insurance covering vehicles, premises, and
407malpractice. In consideration of the premium at which each
408policy shall be written, it shall be a part of the policy
409contract between the district hospital board and the insurer
410that the company shall not be entitled to the benefit of the
411defense of governmental immunity for the insured by reason of
412exercising a governmental function on any suit brought against
413the insured. Immunity of the board against liability damages is
414waived to the extent of liability insurance carried by the
415board; however, no attempt shall be made at the trial of any
416action against the board to suggest the existence of any
417insurance that covers in whole or in part any judgment or award
418that may be rendered in favor of the plaintiff, and if a verdict
419rendered by the jury exceeds the limit of the applicable
420insurance, the court shall reduce the amount of the judgment or
421award to a sum equal to the applicable limit set forth in the
422policy.
423     Section 17.  Construction.--The provisions of this act
424shall be liberally construed for accomplishing the work
425authorized and provided for or intended to be provided for by
426this act, and where strict construction would result in the
427defeat of the accomplishment of any part of the work authorized
428by this act and a liberal construction would permit or assist in
429the accomplishment thereof, the liberal construction of this act
430shall be chosen. The act may not be deemed to repeal or
431supersede any other laws, except as specifically set forth
432herein, but is supplemental authority to carry out the purposes
433of this act.
434     Section 18.  Employee pension and benefits.--The DeSoto
435County Hospital District may create an employee's pension fund
436so as to provide for life, disability, or medical insurance for
437all or any of its employees or officers on a group insurance or
438other acceptable plan approved by the District Hospital Board of
439DeSoto County and may establish and create by resolution an
440employee's pension, hospitalization and health plan, annuity
441plan, or retirement plan for any and all groups of officers and
442employees employed by the DeSoto County Hospital District and
443qualifying for such plan. It may pay all or such portion of the
444cost of any such employees' pension, hospitalization and health
445plan, annuity plan, or retirement plan from the funds available
446to the district from its authorized sources with the employees
447defraying the balance thereof, if any, as the board determines
448by resolution for any and all groups of officers and employees
449employed by the district.
450     Section 4.  Validation of contracts.--All contracts made by
451the district or its board of directors since June 25, 1965, and
452all official acts of such board or its officers and agents in
453furtherance of such contracts are hereby validated, ratified,
454and confirmed.
455     Section 5.  Ratification of prior acts.--All acts and
456proceedings of the circuit court taken by, for, and on behalf of
457the district since the creation thereof; all of the acts and
458proceedings of the district's board of directors and all other
459officers and agents of the district, and of the county, acting
460for and on behalf of the district; and any and all tax levies
461and assessments that have been made by the board of directors
462for and on behalf of the district are each and every one of
463them, and each and every part thereof, ratified.
464     Section 6.  If any provision of this act or its application
465to any person or circumstance is held invalid, the invalidity
466does not affect other provisions or applications of the act
467which can be given effect without the invalid provision or
468application, and to this end the provisions of this act are
469declared severable.
470     Section 7.  Chapters 65-1450, 69-1011, 71-605, 73-443, 78-
471498, 82-288, and 89-493, Laws of Florida, are repealed.
472     Section 8.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.