HB 1449CS

CHAMBER ACTION



1The Committee on Local Government & Veterans' Affairs recommends
2the following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
     A bill to be entitled
7An act relating to the DeSoto County Hospital District;
8codifying special laws relating to DeSoto County Hospital
9District pursuant to section 189.429, Florida Statutes;
10providing legislative intent; codifying, repealing,
11amending, and reenacting chapters 65-1450, 69-1011, 71-
12605, 73-443, 78-498, 82-288, and 89-493, Laws of Florida;
13providing district status and boundaries; providing for
14applicability of chapter 189, Florida Statutes, and other
15general laws; providing a district charter; providing an
16effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Pursuant to section 189.429, Florida Statutes,
21this act constitutes the codification of all special acts
22relating to the DeSoto County Hospital District. It is the
23intent of the Legislature in enacting this law to provide a
24single, comprehensive special act charter for the district,
25including all current legislative authority granted to the
26district by its several legislative enactments.
27     Section 2.  Chapters 65-1450, 69-1011, 71-605, 73-443, 78-
28498, 82-288, and 89-493, Laws of Florida, relating to the DeSoto
29County Hospital District, are codified, reenacted, amended, and
30repealed as provided in this act.
31     Section 3.  The charter for the DeSoto County Hospital
32District is re-created and reenacted to read:
33     Section 1.  Creation; boundaries.--An independent special
34district is created and incorporated to be known as the "DeSoto
35County Hospital District," which district shall embrace and
36include all of DeSoto County.
37     Section 2.  Governing board.--The governing body of the
38DeSoto County Hospital District shall be known as the "District
39Hospital Board of DeSoto County" and shall consist of five
40members who are not members of the medical profession. All
41members shall be qualified electors and freeholders residing in
42DeSoto County for more than 1 year prior to appointment.
43Members of the district board are appointed by the Governor for
44terms of 4 years each, ending on July 1. The Governor shall have
45the power to remove any member of the district board for cause
46and shall fill any vacancies that may occur therein for the
47remainder of the term in which the vacancy occurred. The members
48of the district board shall receive no salary but each shall be
49paid the sum of $120 per year as expense money; however, no
50member shall be entitled to expense money unless he or she has
51attended 75 percent of the regular meetings held by the board
52during any year. Each member shall give bond to the Governor for
53the faithful performance of his or her duties in the sum of at
54least $5,000 with a surety company qualified to do business in
55this state as surety, which bond shall be approved and kept by
56the Clerk of the Circuit Court of DeSoto County. Should the
57secretary and treasurer be other than a member of the district
58board, he or she shall give a like bond of at least $5,000 for
59the faithful performance of his or her duties. Premiums on bonds
60shall be paid as part of the expenses of the district.
61     Section 3.  Powers.--
62     (1)  The District Board of DeSoto County Hospital District
63shall have all the powers of a body corporate, including the
64power to sue and be sued under the name of the DeSoto County
65Hospital District; to contract and be contracted with; to adopt
66and use a common seal and to alter same at pleasure; to acquire,
67purchase, hold, lease, mortgage, and convey such real and
68personal property as the board may deem proper or expedient to
69carry out the purposes of this act; to appoint and employ a
70superintendent and such other agents and employees as the board
71may deem advisable and to fix a compensation of all employees
72and to remove any appointees or employees; to insure the
73improvements, fixtures, and equipment against loss by fire,
74windstorm, or other coverage in such amounts as may be
75determined reasonable and proper; and to borrow money and issue
76evidence of indebtedness of the district therefor to carry out
77the provisions of this act in the manner hereinafter provided.
78     (2)  The DeSoto County Hospital District is authorized and
79empowered to finance by any commercially reasonable means,
80including the issuance of industrial development or revenue
81bonds, the construction of additional medical facilities, the
82purchase of medical-care-related equipment, and such other
83classes of property in furtherance of the district's purposes.
84     Section 4.  Officers; meetings; records.--There shall be a
85chair of the district board elected annually. The district board
86may elect one of its members to serve as secretary and treasurer
87or it may appoint some person not a member of the district board
88to serve in that capacity. In the absence of the chair or his or
89her inability to act at any regular meeting, warrants may be
90signed by any other member of the district board selected by the
91members present as chair pro tem. Three members shall constitute
92a quorum, and a vote of at least two members shall be necessary
93to the transaction of any business of the district. A regular
94meeting of the board shall be held annually. Additional meetings
95may be called by a majority of the board upon advance notice as
96provided by section 189.417, Florida Statutes. The members shall
97cause true and accurate minutes and records to be kept of all
98business transacted by them and shall keep full, true, and
99complete books of account and minutes, which minutes, records,
100and books of account shall at all reasonable times be open and
101subject to inspection; and any person desiring to do so may make
102or procure copies of the minutes, records, or books of account,
103or such portions thereof as he or she may desire; however, such
104records shall not include personnel and medical records of a
105private and confidential nature. The district board shall be
106empowered to destroy any of its records, together with any of
107the records of the hospitals owned and operated by the district
108board, if the records are photographed or microfilmed prior to
109their destruction.
110     Section 5.  Hospital facilities.--The district board is
111authorized to establish, construct, lease, operate, and maintain
112any hospital or related medical care facility as, in its
113opinion, shall be necessary for the use of the people of the
114district. Said hospital or medical care facility shall be
115established, constructed, leased, operated, and maintained for
116the preservation of the public health, for the public good, and
117for the use of the public of the district. The maintenance of
118any hospital or related medical care facility within the
119district is hereby found and declared to be a public purpose and
120necessary for the preservation of the public health, the public
121use, and the welfare of the district and inhabitants thereof.
122The location of any hospital or related medical care facility
123shall be determined by the district board. The district board is
124authorized to accept any and all gifts, loans, or advancements
125for the purchase of property, real or personal, for the
126construction, equipping, and maintenance of any hospital or
127related medical care facility established or acquired by the
128district board.
129     Section 6.  Nurses' school.--The district board is
130authorized at any time in its discretion to establish and
131maintain in connection with any hospital, and as a part thereof,
132a training school for nurses and, upon completion of a
133prescribed course of training, shall give a diploma to nurses
134who have satisfactorily completed the course. The district board
135is authorized to set up all rules and regulations necessary for
136the operation of a nurses' training school and to make all
137necessary expenditures in connection therewith.
138     Section 7.  Eminent domain.--The district board shall have
139the power of eminent domain and may thereby condemn and acquire
140any real or personal property within the territorial limits of
141the district which the district board may deem necessary for the
142use of the district. Such power of condemnation shall be
143exercised in the same manner as is now provided by general law
144for the exercise of power of eminent domain by cities and towns
145of the state.
146     Section 8.  Indebtedness; short term.--The district board
147may incur short-term indebtedness on behalf of the district.
148Such indebtedness shall be in an amount determined by the
149district board to be the most advantageous to the district at
150the time of incurring such indebtedness and at a rate of
151interest pursuant to section 215.84, Florida Statutes.
152     Section 9.  Certificates of indebtedness.--The district
153board is authorized to issue certificates of this hospital
154district in such form and denomination, and bearing such rates
155of interest, for the purpose of raising funds to establish,
156maintain, operate, and construct any hospital or related medical
157care facility as the district board determines to be necessary
158for the hospital district.
159     (1)  Any certificates issued by the district board shall:
160     (a)  Bear rates of interest not to exceed 5 1/2 percent per
161annum.
162     (b)  Become due not more than 30 years from the date of
163issuance. Certificates may be made redeemable upon such terms
164and conditions as the district board may in its judgment deem
165appropriate.
166     (c)  Be in an aggregate amount not to exceed $750,000.
167     (2)  The principal and interest on the certificates herein
168authorized shall, up to $50,000 annually, be payable from
169racetrack funds accruing annually to DeSoto County and
170specifically allocated to the hospital district pursuant to
171chapter 550, Florida Statutes, and chapter 65-1105, Laws of
172Florida.
173     (3)  The certificates so issued shall be and are hereby
174constituted as legal investments for any state, county,
175municipal, or other public funds, for any bank, savings bank,
176trustee, executor, administrator, guardian, or any trust of
177fiduciary funds whatsoever.
178     Section 10.  Checks and warrants.--The funds of the
179district shall be paid out only upon warrants signed by the
180chair or chair pro tem of the district board and having thereto
181affixed the corporate seal of the district, which may be an
182impression thereon or a facsimile thereof; and no warrant shall
183be drawn or issued against funds of the district except for a
184purpose authorized by this act. No such warrant against funds of
185the district shall be drawn or issued until after the account or
186expenditure for which the same is to be given in payment has
187been ordered and approved by the district board at a meeting in
188which a quorum is present. The chair of the board is authorized
189to sign checks and warrants of the district by the facsimile
190signature machines for said purpose, provided that the checks
191and warrants are countersigned by the treasurer for the
192district.
193     Section 11.  Expenses.--The district board is authorized to
194pay from the funds of the district all expenses of the
195organization of the district board and all expenses necessarily
196incurred with the formation of the district and all other
197reasonable and necessary expenses, including the fees and
198expenses of an attorney in the transaction of the business of
199the district, and in carrying out and accomplishing the purposes
200of this act. This section, however, shall not be construed to
201limit or destroy any of the powers vested in the district board
202by any other section or provision of this act.
203     Section 12.  Contracts; grants; donations.--Subject to such
204provisions and restrictions as may be set forth in the
205resolution authorizing or securing any bonds issued under the
206provisions of this act, the district board shall have power to
207enter into contracts with the Government of the United States or
208any agency or instrumentality thereof or with the state or any
209county, municipality, district, authority, or political
210subdivision thereof or any private corporation, partnership,
211association, or individual providing for or relating to the
212construction or acquisition of additions, extensions, and
213improvements to the hospital or related medical care facility
214and any other matters relevant thereto or otherwise necessary to
215effect the purposes of this act, and to receive and accept from
216any federal agency, state agency, or other public body grants or
217loans for or in aid of said purposes, and to receive and accept
218aid or contributions or loans from any other source of either
219money, property, labor, or other thing of value, to be held,
220used, and applied only for the purpose for which such grants,
221contributions, or loans may be made.
222     Section 13.  Financial reports.--At least once each year
223the district board shall publish once in some newspaper
224published in the district a complete detailed annual statement
225of all moneys received and disbursed by the board since the
226creation of the district as to the first published statement and
227since the last published statement as to any other year. The
228statement shall also show the several sources from which the
229funds were received and shall show the balance on hand at the
230time of the published statement. It shall show a complete
231statement of the financial condition of the district.
232     Section 14.  Admission to facilities.--The hospital or
233related medical facilities established under this act shall be
234for the use and benefit of the residents of this district,
235subject to the rules, regulations, and charges prescribed by the
236district board which are in effect as of the date of admission
237of a patient or patients to such a hospital or related medical
238facility. Medical care and treatment for the indigent in the
239district shall be and remain the primary responsibility of
240DeSoto County, any authorization herein contained for treatment
241of indigents to the contrary notwithstanding, the district board
242of this district being granted the authority to refuse such
243admission of indigents when found by such district board not to
244be financially practicable with due regard to the general
245financial condition of the district. The district board is
246empowered to enter into and fulfill agreements with the Board of
247County Commissioners of DeSoto County for the admission and
248treatment of indigents upon such terms, costs, and charges as
249may be mutually agreed upon. The district board shall be
250authorized to accept moneys from any welfare funds provided for
251DeSoto County or moneys available to the indigent patients from
252a federal, state, or county agency or moneys available to DeSoto
253County from said governmental agencies for welfare and hospital
254purposes, for the payment of costs of treatment and care of
255indigent residents of the district as shall be admitted. The
256district board may collect from patients financially able such
257charges as the district board may from time to time establish.
258The district board may extend the privileges and use of the
259hospital or clinic to nonresidents of the district who shall pay
260the rates established by the district board upon such terms and
261conditions as the district board may provide. However, residents
262of the district wherein the hospital or clinic is located shall
263have first claim to admission. The district board shall further
264have the power to furnish and extend the benefits of the
265hospital and clinic services and treatment to the homes of
266indigent residents of the district. Each municipal corporation
267situated within the district and the law enforcement agencies of
268DeSoto County shall be liable to the district board for the
269occupancy, care, medicine, and treatment of prisoners in the
270custody of the municipal corporation or for county officers who
271are admitted to any hospital operated by the district board.
272     Section 15.  Regulation of physicians, staff members, and
273practitioners.--Realizing that factors other than professional
274must enter into the qualifications of those who practice
275medicine and surgery, the district board is authorized to set up
276rules, regulations, and bylaws for the operation of the hospital
277and hospital staff. The district board is authorized to grant or
278revoke licenses and privileges of staff members for practice in
279and about any hospital or other medical care facility maintained
280under this act, so that the welfare and health of patients and
281the best interests of the facility may at all times be best
282served. Privileges of staff membership and appointments thereto
283may be authorized or granted by the district board. The district
284board is further authorized to set up rules and regulations for
285the control of all professional and nonprofessional employees of
286any hospital or other medical care facility, which terms shall
287include nurses on general duty or on private duty attending
288patients, and all parties in the facility as employees in any
289manner in attendance of patients.
290     Section 16.  Insurance; board liability.--The district
291board may secure and keep in force in amounts it may determine,
292in companies duly authorized to do business in Florida,
293liability insurance covering vehicles, premises, and
294malpractice. In consideration of the premium at which each
295policy shall be written, it shall be a part of the policy
296contract between the district board and the insurer that the
297company shall not be entitled to the benefit of the defense of
298governmental immunity for the insured by reason of exercising a
299governmental function on any suit brought against the insured
300     Section 17.  Construction.--The provisions of this act
301shall be liberally construed for accomplishing the work
302authorized and provided for or intended to be and provided for
303by this act and, where strict construction would result in the
304defeat of the accomplishment of any part of the work authorized
305by this act and a liberal construction would permit or assist in
306the accomplishment thereof, the liberal construction of this act
307shall be chosen. This act shall not be deemed to repeal or
308supersede any other laws, but shall be supplemental authority to
309carry out the purposes of this act.
310     Section 18.  Employee and pension benefits.--The DeSoto
311County Hospital District is authorized and empowered to create
312an employees' pension fund so as to provide for life and/or
313disability and/or medical insurance for all or any of its
314employees or officers on a group insurance, or other acceptable
315plan, approved by the District Board of the DeSoto County
316Hospital District and to establish and create by resolution an
317employees' pension, hospitalization, and health plan, annuity,
318and/or retirement plan for any and all groups of officers and
319employees employed by the DeSoto County Hospital District and
320qualifying for such plan, and to pay all or such portion of the
321cost of any such employees' pension, hospitalization, and health
322plan, annuity, and/or retirement plan from the funds available
323to the district from its authorized sources, with the employees
324defraying the balance thereof, if any, as said district board by
325resolution may determine for any and all groups of officers and
326employees employed by the DeSoto County Hospital District.
327     Section 4.  Chapters 65-1450, 69-1011, 71-605, 73-443, 78-
328498, 82-288, and 89-493, Laws of Florida, are repealed.
329     Section 5.  This act shall take effect upon becoming a law.


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