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 an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Pursuant to section 189.429, Florida Statutes,
16this act constitutes the codification of all special acts
17relating to the DeSoto County Hospital District. It is the
18intent of the Legislature in enacting this law to provide a
19single, comprehensive special act charter for the district,
20including all current legislative authority granted to the
21district by its several legislative enactments.
22     Section 2.  Chapters 65-1450, 69-1011, 71-605, 73-443, 78-
23498, 82-288, and 89-493, Laws of Florida, relating to the DeSoto
24County Hospital District, are codified, reenacted, amended, and
25repealed as provided in this act.
26     Section 3.  The charter for the DeSoto County Hospital
27District is re-created and reenacted to read:
28     Section 1.  Creation; boundaries.--An independent special
29district is created and incorporated to be known as the "DeSoto
30County Hospital District," which district shall embrace and
31include all of DeSoto County.
32     Section 2.  Governing board.--The governing body of the
33DeSoto County Hospital District shall be known as the "District
34Hospital Board of DeSoto County" and shall consist of five
35members who are not members of the medical profession. All
36members shall be qualified electors and freeholders residing in
37DeSoto County for more than 1 year prior to appointment.
38Members of the district board are appointed by the Governor for
39terms of 4 years each, ending on July 1. The Governor shall have
40the power to remove any member of the district board for cause
41and shall fill any vacancies that may occur therein for the
42remainder of the term in which the vacancy occurred. The members
43of the district board shall receive no salary but each shall be
44paid the sum of $120 per year as expense money; however, no
45member shall be entitled to expense money unless he or she has
46attended 75 percent of the regular meetings held by the board
47during any year. Each member shall give bond to the Governor for
48the faithful performance of his or her duties in the sum of at
49least $5,000 with a surety company qualified to do business in
50this state as surety, which bond shall be approved and kept by
51the Clerk of the Circuit Court of DeSoto County. Should the
52secretary and treasurer be other than a member of the district
53board, he or she shall give a like bond of at least $5,000 for
54the faithful performance of his or her duties. Premiums on bonds
55shall be paid as part of the expenses of the district.
56     Section 3.  Powers.--
57     (1)  The District Board of DeSoto County Hospital District
58shall have all the powers of a body corporate, including the
59power to sue and be sued under the name of the DeSoto County
60Hospital District; to contract and be contracted with; to adopt
61and use a common seal and to alter same at pleasure; to acquire,
62purchase, hold, lease, mortgage, and convey such real and
63personal property as the board may deem proper or expedient to
64carry out the purposes of this act; to appoint and employ a
65superintendent and such other agents and employees as the board
66may deem advisable and to fix a compensation of all employees
67and to remove any appointees or employees; to insure the
68improvements, fixtures, and equipment against loss by fire,
69windstorm, or other coverage in such amounts as may be
70determined reasonable and proper; and to borrow money and issue
71evidence of indebtedness of the district therefor to carry out
72the provisions of this act in the manner hereinafter provided.
73     (2)  The DeSoto County Hospital District is authorized and
74empowered to finance by any commercially reasonable means,
75including the issuance of industrial development or revenue
76bonds, the construction of additional medical facilities, the
77purchase of medical-care-related equipment, and such other
78classes of property in furtherance of the district's purposes.
79     Section 4.  Officers; meetings; records.--There shall be a
80chair of the district board elected annually. The district board
81may elect one of its members to serve as secretary and treasurer
82or it may appoint some person not a member of the district board
83to serve in that capacity. In the absence of the chair or his or
84her inability to act at any regular meeting, warrants may be
85signed by any other member of the district board selected by the
86members present as chair pro tem. Three members shall constitute
87a quorum, and a vote of at least two members shall be necessary
88to the transaction of any business of the district. A regular
89meeting of the board shall be held annually. Additional meetings
90may be called by a majority of the board upon advance notice as
91provided by section 189.417, Florida Statutes. The members shall
92cause true and accurate minutes and records to be kept of all
93business transacted by them and shall keep full, true, and
94complete books of account and minutes, which minutes, records,
95and books of account shall at all reasonable times be open and
96subject to inspection; and any person desiring to do so may make
97or procure copies of the minutes, records, or books of account,
98or such portions thereof as he or she may desire; however, such
99records shall not include personnel and medical records of a
100private and confidential nature. The district board shall be
101empowered to destroy any of its records, together with any of
102the records of the hospitals owned and operated by the district
103board, if the records are photographed or microfilmed prior to
104their destruction.
105     Section 5.  Hospital facilities.--The district board is
106authorized to establish, construct, lease, operate, and maintain
107any hospital or related medical care facility as, in its
108opinion, shall be necessary for the use of the people of the
109district. Said hospital or medical care facility shall be
110established, constructed, leased, operated, and maintained for
111the preservation of the public health, for the public good, and
112for the use of the public of the district. The maintenance of
113any hospital or related medical care facility within the
114district is hereby found and declared to be a public purpose and
115necessary for the preservation of the public health, the public
116use, and the welfare of the district and inhabitants thereof.
117The location of any hospital or related medical care facility
118shall be determined by the district board. The district board is
119authorized to accept any and all gifts, loans, or advancements
120for the purchase of property, real or personal, for the
121construction, equipping, and maintenance of any hospital or
122related medical care facility established or acquired by the
123district board.
124     Section 6.  Nurses' school.--The district board is
125authorized at any time in its discretion to establish and
126maintain in connection with any hospital, and as a part thereof,
127a training school for nurses and, upon completion of a
128prescribed course of training, shall give a diploma to nurses
129who have satisfactorily completed the course. The district board
130is authorized to set up all rules and regulations necessary for
131the operation of a nurses' training school and to make all
132necessary expenditures in connection therewith.
133     Section 7.  Eminent domain.--The district board shall have
134the power of eminent domain and may thereby condemn and acquire
135any real or personal property within the territorial limits of
136the district which the district board may deem necessary for the
137use of the district. Such power of condemnation shall be
138exercised in the same manner as is now provided by general law
139for the exercise of power of eminent domain by cities and towns
140of the state.
141     Section 8.  Indebtedness; short term.--The district board
142may incur short-term indebtedness on behalf of the district.
143Such indebtedness shall be in an amount determined by the
144district board to be the most advantageous to the district at
145the time of incurring such indebtedness and at a rate of
146interest pursuant to section 215.84, Florida Statutes.
147     Section 9.  Certificates of indebtedness.--The district
148board is authorized to issue certificates of this hospital
149district in such form and denomination, and bearing such rates
150of interest, for the purpose of raising funds to establish,
151maintain, operate, and construct any hospital or related medical
152care facility as the district board determines to be necessary
153for the hospital district.
154     (1)  Any certificates issued by the district board shall:
155     (a)  Bear rates of interest not to exceed 5 1/2 percent per
156annum.
157     (b)  Become due not more than 30 years from the date of
158issuance. Certificates may be made redeemable upon such terms
159and conditions as the district board may in its judgment deem
160appropriate.
161     (c)  Be in an aggregate amount not to exceed $750,000.
162     (2)  The principal and interest on the certificates herein
163authorized shall, up to $50,000 annually, be payable from
164racetrack funds accruing annually to DeSoto County and
165specifically allocated to the hospital district pursuant to
166chapter 550, Florida Statutes, and chapter 65-1105, Laws of
167Florida.
168     (3)  The certificates so issued shall be and are hereby
169constituted as legal investments for any state, county,
170municipal, or other public funds, for any bank, savings bank,
171trustee, executor, administrator, guardian, or any trust of
172fiduciary funds whatsoever.
173     Section 10.  Checks and warrants.--The funds of the
174district shall be paid out only upon warrants signed by the
175chair or chair pro tem of the district board and having thereto
176affixed the corporate seal of the district, which may be an
177impression thereon or a facsimile thereof; and no warrant shall
178be drawn or issued against funds of the district except for a
179purpose authorized by this act. No such warrant against funds of
180the district shall be drawn or issued until after the account or
181expenditure for which the same is to be given in payment has
182been ordered and approved by the district board at a meeting in
183which a quorum is present. The chair of the board is authorized
184to sign checks and warrants of the district by the facsimile
185signature machines for said purpose, provided that the checks
186and warrants are countersigned by the treasurer for the
187district.
188     Section 11.  Expenses.--The district board is authorized to
189pay from the funds of the district all expenses of the
190organization of the district board and all expenses necessarily
191incurred with the formation of the district and all other
192reasonable and necessary expenses, including the fees and
193expenses of an attorney in the transaction of the business of
194the district, and in carrying out and accomplishing the purposes
195of this act. This section, however, shall not be construed to
196limit or destroy any of the powers vested in the district board
197by any other section or provision of this act.
198     Section 12.  Contracts; grants; donations.--Subject to such
199provisions and restrictions as may be set forth in the
200resolution authorizing or securing any bonds issued under the
201provisions of this act, the district board shall have power to
202enter into contracts with the Government of the United States or
203any agency or instrumentality thereof or with the state or any
204county, municipality, district, authority, or political
205subdivision thereof or any private corporation, partnership,
206association, or individual providing for or relating to the
207construction or acquisition of additions, extensions, and
208improvements to the hospital or related medical care facility
209and any other matters relevant thereto or otherwise necessary to
210effect the purposes of this act, and to receive and accept from
211any federal agency, state agency, or other public body grants or
212loans for or in aid of said purposes, and to receive and accept
213aid or contributions or loans from any other source of either
214money, property, labor, or other thing of value, to be held,
215used, and applied only for the purpose for which such grants,
216contributions, or loans may be made.
217     Section 13.  Financial reports.--At least once each year
218the district board shall publish once in some newspaper
219published in the district a complete detailed annual statement
220of all moneys received and disbursed by the board since the
221creation of the district as to the first published statement and
222since the last published statement as to any other year. The
223statement shall also show the several sources from which the
224funds were received and shall show the balance on hand at the
225time of the published statement. It shall show a complete
226statement of the financial condition of the district.
227     Section 14.  Admission to facilities.--The hospital or
228related medical facilities established under this act shall be
229for the use and benefit of the residents of this district,
230subject to the rules, regulations, and charges prescribed by the
231district board which are in effect as of the date of admission
232of a patient or patients to such a hospital or related medical
233facility. Medical care and treatment for the indigent in the
234district shall be and remain the primary responsibility of
235DeSoto County, any authorization herein contained for treatment
236of indigents to the contrary notwithstanding, the district board
237of this district being granted the authority to refuse such
238admission of indigents when found by such district board not to
239be financially practicable with due regard to the general
240financial condition of the district. The district board is
241empowered to enter into and fulfill agreements with the Board of
242County Commissioners of DeSoto County for the admission and
243treatment of indigents upon such terms, costs, and charges as
244may be mutually agreed upon. The district board shall be
245authorized to accept moneys from any welfare funds provided for
246DeSoto County or moneys available to the indigent patients from
247a federal, state, or county agency or moneys available to DeSoto
248County from said governmental agencies for welfare and hospital
249purposes, for the payment of costs of treatment and care of
250indigent residents of the district as shall be admitted. The
251district board may collect from patients financially able such
252charges as the district board may from time to time establish.
253The district board may extend the privileges and use of the
254hospital or clinic to nonresidents of the district who shall pay
255the rates established by the district board upon such terms and
256conditions as the district board may provide. However, residents
257of the district wherein the hospital or clinic is located shall
258have first claim to admission. The district board shall further
259have the power to furnish and extend the benefits of the
260hospital and clinic services and treatment to the homes of
261indigent residents of the district. Each municipal corporation
262situated within the district and the law enforcement agencies of
263DeSoto County shall be liable to the district board for the
264occupancy, care, medicine, and treatment of prisoners in the
265custody of the municipal corporation or for county officers who
266are admitted to any hospital operated by the district board.
267     Section 15.  Regulation of physicians, staff members, and
268practitioners.--Realizing that factors other than professional
269must enter into the qualifications of those who practice
270medicine and surgery, the district board is authorized to set up
271rules, regulations, and bylaws for the operation of the hospital
272and hospital staff. The district board is authorized to grant or
273revoke licenses and privileges of staff members for practice in
274and about any hospital or other medical care facility maintained
275under this act, so that the welfare and health of patients and
276the best interests of the facility may at all times be best
277served. Privileges of staff membership and appointments thereto
278may be authorized or granted by the district board. The district
279board is further authorized to set up rules and regulations for
280the control of all professional and nonprofessional employees of
281any hospital or other medical care facility, which terms shall
282include nurses on general duty or on private duty attending
283patients, and all parties in the facility as employees in any
284manner in attendance of patients.
285     Section 16.  Insurance; board liability.--The district
286board may secure and keep in force in amounts it may determine,
287in companies duly authorized to do business in Florida,
288liability insurance covering vehicles, premises, and
289malpractice. In consideration of the premium at which each
290policy shall be written, it shall be a part of the policy
291contract between the district board and the insurer that the
292company shall not be entitled to the benefit of the defense of
293governmental immunity for the insured by reason of exercising a
294governmental function on any suit brought against the insured.
295     Section 17.  Construction.--The provisions of this act
296shall be liberally construed for accomplishing the work
297authorized and provided for or intended to be and provided for
298by this act and, where strict construction would result in the
299defeat of the accomplishment of any part of the work authorized
300by this act and a liberal construction would permit or assist in
301the accomplishment thereof, the liberal construction of this act
302shall be chosen. This act shall not be deemed to repeal or
303supersede any other laws, but shall be supplemental authority to
304carry out the purposes of this act.
305     Section 18.  Employee and pension benefits.--The DeSoto
306County Hospital District is authorized and empowered to create
307an employees' pension fund so as to provide for life and/or
308disability and/or medical insurance for all or any of its
309employees or officers on a group insurance, or other acceptable
310plan, approved by the District Board of the DeSoto County
311Hospital District and to establish and create by resolution an
312employees' pension, hospitalization, and health plan, annuity,
313and/or retirement plan for any and all groups of officers and
314employees employed by the DeSoto County Hospital District and
315qualifying for such plan, and to pay all or such portion of the
316cost of any such employees' pension, hospitalization, and health
317plan, annuity, and/or retirement plan from the funds available
318to the district from its authorized sources, with the employees
319defraying the balance thereof, if any, as said district board by
320resolution may determine for any and all groups of officers and
321employees employed by the DeSoto County Hospital District.
322     Section 4.  Chapters 65-1450, 69-1011, 71-605, 73-443, 78-
323498, 82-288, and 89-493, Laws of Florida, are repealed.
324     Section 5.  This act shall take effect upon becoming a law.


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