1 | A bill to be entitled |
2 | An act relating to the Highlands County Hospital District; |
3 | codifying, pursuant to s. 189.429, F.S., special laws |
4 | relating to the Highlands County Hospital District; |
5 | codifying, reenacting, amending, and repealing chapters |
6 | 61-2232, 72-553, 74-487, 78-519, 80-506, 81-384, 84-437, |
7 | 85-420, 88-456, and 96-443, Laws of Florida; fixing and |
8 | prescribing boundaries of the district; providing for its |
9 | governing and administration; providing and defining |
10 | powers and purposes of the district and its board of |
11 | commissioners; authorizing the board to establish, |
12 | contract for, lease, operate, and maintain any hospital it |
13 | has established in the district; authorizing and providing |
14 | for issuance and sale of district bonds; authorizing the |
15 | board to borrow money and give notes therefor; authorizing |
16 | and providing for levy and collection of taxes for payment |
17 | of bonds and notes and interest thereon; providing for |
18 | exercise of the power of eminent domain; authorizing |
19 | establishment of hospital staff and a nursing school; |
20 | providing for liability insurance; providing construction; |
21 | providing severability; providing for the issuance of |
22 | revenue bonds; authorizing the transfer of certain funds |
23 | and limiting the uses thereof; providing an effective |
24 | date. |
25 |
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26 | Be It Enacted by the Legislature of the State of Florida: |
27 |
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28 | Section 1. Pursuant to section 189.429, Florida Statutes, |
29 | this act constitutes the codification of all special acts |
30 | relating to the Highlands County Hospital District. It is the |
31 | intent of the Legislature in enacting this law to provide a |
32 | single, comprehensive special act charter for the district, |
33 | including all current legislative authority granted to the |
34 | district by its several legislative enactments and any |
35 | additional authority granted by this act. |
36 | Section 2. Chapters 61-2232, 72-553, 74-487, 78-519, 80- |
37 | 506, 81-384, 84-437, 85-420, 88-456, and 96-443, Laws of |
38 | Florida, are codified, reenacted, amended, and repealed as |
39 | provided in this act. |
40 | Section 3. The charter for the Highlands County Hospital |
41 | District is re-created and reenacted to read: |
42 | Section 1. A dependent special district is created, |
43 | incorporated, and codified to be known as the Highlands County |
44 | Hospital District in Highlands County, which district shall |
45 | embrace and include all of Highlands County. This act codifies |
46 | the prior enabling act, chapter 61-2232, Laws of Florida, as |
47 | amended. |
48 | Section 2. The governing body of the Highlands County |
49 | Hospital District shall consist of five commissioners, not more |
50 | than one of whom may be a member of the medical profession. All |
51 | commissioners, who shall serve without compensation, must be |
52 | qualified electors and freeholders residing in Highlands County |
53 | for more than 1 year prior to appointment, one of whom must |
54 | reside in county commissioner's district No. 1; one of whom must |
55 | reside in county commissioner's district No. 2; one of whom must |
56 | reside in county commissioner's district No. 3; one of whom must |
57 | reside in county commissioner's district No. 4; and one of whom |
58 | must reside in county commissioner's district No. 5. The body |
59 | shall be known and designated as the Board of Commissioners of |
60 | the Highlands County Hospital District. All commissioners shall |
61 | be appointed by the Board of County Commissioners of Highlands |
62 | County for a term of 4 years. The Board of County Commissioners |
63 | of Highlands County may remove any member of the board of |
64 | commissioners for cause and shall fill any vacancy that occurs |
65 | therein for the remainder of the term in which the vacancy |
66 | occurred. The members of the board of commissioners shall |
67 | receive no salary, but each shall be paid the sum of $120 a year |
68 | as expense money; however, a member is not entitled to expense |
69 | money unless he or she has attended 75 percent of the regular |
70 | meetings held by the board during any year. A regular meeting of |
71 | the board shall be held at least once each quarter. Each member |
72 | shall give bond to the Board of County Commissioners of |
73 | Highlands County for the faithful performance of his or her |
74 | duties in the sum of $5,000 with a surety company qualified to |
75 | do business in this state as surety, which bond shall be |
76 | approved and kept by the Clerk of the Circuit Court of Highlands |
77 | County. If the secretary and treasurer is not a member of the |
78 | board, he or she shall give a like bond of $5,000 for the |
79 | faithful performance of his or her duties. Premiums on bonds |
80 | shall be paid as part of the expenses of the district. |
81 | Section 3. The Board of Commissioners of the Highlands |
82 | County Hospital District has all the powers of a body corporate, |
83 | including the power to sue and be sued under the name of the |
84 | Highlands County Hospital District; to contract and be |
85 | contracted with; to adopt and use a common seal and to alter it |
86 | at pleasure; to acquire, purchase, hold, lease, mortgage, and |
87 | convey such real and personal property as the board deems proper |
88 | or expedient to carry out the purposes of this act; to appoint |
89 | and employ a superintendent or matron or both, and such other |
90 | agents and employees as the board deems advisable; to fix |
91 | compensation of all employees and remove any appointees or |
92 | employees; to insure the improvements, fixtures, and equipment |
93 | against loss by fire, windstorm, or other coverage in such |
94 | amounts as are determined reasonable and proper; and to borrow |
95 | money and to issue evidence of indebtedness of the district |
96 | therefor to carry out the provisions of this act in the manner |
97 | provided in this act. |
98 | Section 4. There shall be a chair of the board of |
99 | commissioners. The board may elect one of its members to serve |
100 | as secretary and treasurer, or it may appoint some person not a |
101 | member of the board to serve in that capacity. In the absence of |
102 | the chair or his or her inability to act at any regular meeting, |
103 | warrants may be signed by any other member of the board selected |
104 | by the members present as chair pro tem. Three commissioners |
105 | constitute a quorum, and a vote of at least two commissioners is |
106 | necessary to the transaction of any business of the district. |
107 | The commissioners shall cause true and accurate minutes and |
108 | records to be kept of all business transacted by them and shall |
109 | keep full, true, and complete books of account and minutes, |
110 | which minutes, records, and books of account shall at all |
111 | reasonable times be open and subject to inspection by |
112 | inhabitants of the district. Any person desiring to do so may |
113 | make or procure a copy of the minutes, records, or books of |
114 | account, or such portions thereof as he or she may desire. |
115 | Section 5. The board of commissioners is authorized to |
116 | establish, construct, lease, operate, and maintain any hospital |
117 | as in its opinion is necessary for the use of the people of the |
118 | district. The hospital shall be established, constructed, |
119 | leased, operated, and maintained by the board of commissioners |
120 | for the preservation of the public health, for the public good, |
121 | and for the use of the public of the district, and maintenance |
122 | of any hospital within the district is found and declared to be |
123 | a public purpose and necessary for the preservation of the |
124 | public health, the public use, and the welfare of the district |
125 | and its inhabitants. The location of any hospital shall be |
126 | determined by the board. The board may accept any and all gifts, |
127 | loans, or advancements for the purchase of property, real or |
128 | personal, for the construction of, equipping of, and maintenance |
129 | of any hospital established by the board. |
130 | Section 6. The board of commissioners may at any time in |
131 | its discretion establish and maintain in connection with such |
132 | hospital and as part thereof a training school for nurses, and |
133 | upon completion of a prescribed course of training, it shall |
134 | give to nurses who have satisfactorily completed the course a |
135 | diploma. The board of commissioners may adopt all rules |
136 | necessary for the operation of a nurse's training school and |
137 | make all necessary expenditures in connection therewith. |
138 | Section 7. The board has the power of eminent domain, and |
139 | it may thereby condemn and acquire any real or personal property |
140 | within the territorial limits of the district which the board |
141 | deems necessary for the use of the district. Such power of |
142 | condemnation shall be exercised in the same manner as is now |
143 | provided by general law for the exercise of the power of eminent |
144 | domain by cities and towns of this state. |
145 | Section 8. The board of commissioners may, in order to |
146 | provide for and carry out the work of this act, borrow money |
147 | from time to time for periods of time not exceeding 20 years at |
148 | any one time, and issue any notes of the district therefor upon |
149 | such terms and upon such rates of interest not exceeding 8 |
150 | percent per year as the board deems advisable and secure the |
151 | payment of same by mortgage upon any property, real or personal, |
152 | owned by the district. The board additionally may pledge as |
153 | security for money borrowed by it, any moneys accruing to it or |
154 | to accrue to it from any source, including revenues derived from |
155 | the operation of the hospital and from any other funds legally |
156 | available to the district; however, the aggregate amount of |
157 | principal of moneys so borrowed upon the notes and mortgages of |
158 | the district, shall not, at any one time, exceed the sum of |
159 | $750,000. |
160 | Section 9. The Board of Commissioners of the Highlands |
161 | County Hospital District may issue bonds of the district of such |
162 | form, denomination, and bearing such rate of interest not to |
163 | exceed 6 percent per year, and becoming due not less than 5 nor |
164 | more than 30 years from the date of issuance, in an amount not |
165 | to exceed $1 million of the total bonded indebtedness of the |
166 | district, for the purpose of raising funds to establish, |
167 | construct, operate, and maintain any hospital as in the board's |
168 | opinion is necessary in the district. The board of commissioners |
169 | may refund any and all previous issues of bonds for any and all |
170 | lawful hospital purposes. All the proceeds derived from the sale |
171 | of bonds or refunding bonds, exclusive of expenses, shall be |
172 | deposited in a depository selected by the board. |
173 | Section 10. Before the issuance of bonds, the board of |
174 | commissioners shall, by resolution, determine the amount that in |
175 | its opinion will be necessary to be raised annually by taxation |
176 | for an interest and sinking fund with which to pay the interest |
177 | and principal of the bonds; and the board shall provide for the |
178 | levy and collection annually of a sufficient tax upon all the |
179 | taxable property in the district, not exempt by law, to pay such |
180 | interest and with which to provide and maintain a sinking fund |
181 | for the payment of the principal of bonds. |
182 | Section 11. All bonds issued by the Board of Commissioners |
183 | of the Highlands County Hospital District, except refunding |
184 | bonds, revenue bonds, or certificates and anticipation time |
185 | warrants, shall be issued only after they have been approved by |
186 | the majority of the votes cast in an election in which a |
187 | majority of the freeholders who are qualified registered |
188 | electors in the district shall participate, which election shall |
189 | be called and held by the board of commissioners, subject to |
190 | reasonable rules adopted by the board. If it is determined to |
191 | hold an election to decide whether a majority of the freeholders |
192 | who are qualified electors are in favor of the issuance of |
193 | bonds, the board of commissioners shall by resolution order an |
194 | election to be held in the district, and shall give 30 days' |
195 | notice of the election by publication in a newspaper of general |
196 | circulation within the district once a week for 4 consecutive |
197 | weeks during such period. |
198 | Section 12. Only registered electors of the district who |
199 | are freeholders owning real property within the territorial |
200 | limits of the district shall be permitted to vote at a bond |
201 | election, and they may be required to submit proof by affidavit |
202 | before the election official that they are freeholders owning |
203 | property in the district and qualified as electors. For the |
204 | purpose of determining the total number of qualified electors |
205 | residing in the district who are freeholders and entitled to |
206 | participate in such election, the board of commissioners shall |
207 | prepare a list or file of the names of all qualified electors |
208 | appearing upon the registration books of Highlands County who |
209 | are determined to be freeholders residing in the district and |
210 | qualified to vote in the election. Such lists or files shall be |
211 | furnished to the inspectors or clerks of the election at each |
212 | voting place, and such lists or files shall be prima facie |
213 | evidence of the total number of qualified electors who are |
214 | freeholders in the district and qualified to participate in the |
215 | election. A person whose name does not appear upon such list or |
216 | file may not be permitted to vote in such election; except that |
217 | a qualified elector of a district whose name does not appear |
218 | upon such file or list shall be permitted to vote upon taking a |
219 | freeholder's oath before the clerk of the election and |
220 | furnishing proof of his or her qualification as a freeholder. |
221 | Section 13. As far as practicable and where not |
222 | inconsistent with the provisions of this act, the procedure |
223 | outlined in chapter 100, Florida Statutes, providing the |
224 | procedure for bond elections, shall govern. |
225 | Section 14. All bonds issued under this act shall be in |
226 | the denomination of $100 or some multiple thereof and shall bear |
227 | interest not exceeding 6 percent per year, payable annually or |
228 | semiannually, and both principal and interest shall be payable |
229 | at such place as the governing authority determines. The form of |
230 | such bonds shall be fixed by resolution of the board of |
231 | commissioners and bonds shall be signed by the chair of the |
232 | board and countersigned by the secretary of the board under the |
233 | seal of the district. The coupons, if any, shall be executed by |
234 | the facsimile signatures of the officers. The delivery at any |
235 | subsequent date of any bond and coupon so executed shall be |
236 | valid, although before the date of delivery the persons signing |
237 | bonds or coupons cease to hold office. |
238 | Section 15. Bonds issued under this act may be either |
239 | registered or coupon bonds. Coupon bonds may be registered as to |
240 | principal in the holder's name on the books of the hospital |
241 | district, the registration being noted upon the bonds, after |
242 | which no transfer shall be valid unless made on such hospital |
243 | district's books by the registered holder and similarly noted on |
244 | the bonds. Bonds registered as to principal may be discharged |
245 | from registration by being transferred to the bearer, after |
246 | which they shall be transferable by delivery, but may be again |
247 | registered as to principal as before. The registration of the |
248 | bonds as to principal shall not restrain the negotiability of |
249 | the coupons by delivery merely. |
250 | Section 16. Before any bonds of the Highlands County |
251 | Hospital District are issued under this act, the board of |
252 | commissioners shall investigate and determine the legality of |
253 | the proceedings. The resolution authorizing the bonds may direct |
254 | that they contain the following recital: |
255 |
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256 | "It is certified that this bond is authorized by and is issued |
257 | in conformity with the requirements of the Constitution and |
258 | Statutes of the State of Florida." |
259 |
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260 | Such recital shall be an authorized declaration by the governing |
261 | authority of the district and shall import that there is |
262 | constitutional and statutory authority for incurring the debts |
263 | and issuing the bonds; that all the proceedings therefor are |
264 | regular; that all acts, conditions, and things required to |
265 | exist, happen, and be performed precedent to and in the issuance |
266 | of the bond have existed, happened, and been performed in due |
267 | time, form, and manner, as required by law; and that the amount |
268 | of the bond, together with all other indebtedness, does not |
269 | exceed any limit prescribed by the constitution and statutes of |
270 | this state. If any bond is issued containing the recital, it |
271 | shall be conclusively presumed that the recital, construed |
272 | according to the import declared in this section, is true, and |
273 | the district shall not be permitted to question the validity or |
274 | legality of the obligation in any court in any action or |
275 | proceeding. |
276 | Section 17. In issuing bonds under this act, it is lawful |
277 | for the board of commissioners to include more than one |
278 | improvement or hospital purpose in any bond issue. |
279 | Section 18. All bonds issued under this act shall be |
280 | advertised for sale on sealed bids, which advertisement shall be |
281 | published once a week for 3 weeks, the first publication to be |
282 | made at least 21 days preceding the date fixed for the reception |
283 | of bids in a newspaper published in the hospital district. |
284 | Notice of sale shall also be published once a week for 3 weeks |
285 | preceding the date fixed for the reception of bids, either in a |
286 | financial paper published in the City of New York, the City of |
287 | Chicago, or the City of Baltimore, or in a newspaper of general |
288 | circulation published in a city in Florida having a population |
289 | of not fewer than 20,000 inhabitants according to the latest |
290 | official decennial census. The board of commissioners may reject |
291 | any and all bids. If the bonds are not sold pursuant to such |
292 | advertisements, they may be sold by the board of commissioners |
293 | at private sale within 60 days after the date advertised for the |
294 | reception of sealed bids, but no private sale shall be made at a |
295 | price less than the highest bid that has been received. If not |
296 | so sold, bonds shall be readvertised in the manner prescribed in |
297 | this act. No bonds issued under this act shall be sold for less |
298 | than 95 percent of the par value and accrued interest. |
299 | Section 19. A resolution or proceeding in respect to the |
300 | issuance of bonds is not necessary, except as required by this |
301 | act. Publication of any resolution or proceeding relating to the |
302 | issuance of bonds is not required, except as required by this |
303 | act. Any publication prescribed in this act may be made in any |
304 | newspaper conforming to the terms of this act without regard to |
305 | the designation thereof as the official organ of the district. |
306 | Bonds issued under this act shall have all the qualities of |
307 | negotiable paper under the law merchant, shall not be invalid |
308 | for any irregularly or defect in the proceeding for the issue |
309 | and sale thereof, and shall be incontestable in the hands of |
310 | bona fide purchasers or holders thereof for value. |
311 | Section 20. The Board of Commissioners of the Highlands |
312 | County Hospital District may provide by resolution for the |
313 | issuance of refunding bonds to refund principal and interest of |
314 | an existing bond indebtedness, for the payment of which the |
315 | credit of the hospital district is pledged, and such bonds may |
316 | be issued at or prior to maturity of the bonds to be refunded. |
317 | Such resolution may be adopted at a regular or special meeting, |
318 | and at the same meeting at which it is introduced, by the |
319 | majority of the members of the commission then in office. It is |
320 | determined and declared as a matter of legislative intent that |
321 | an election to authorize the issuance of refunding bonds is not |
322 | necessary, except in cases in which an election may be required |
323 | by the State Constitution. In all cases in which it is not |
324 | necessary under the State Constitution to hold an election on |
325 | the issuance of such refunding bonds, such resolution shall take |
326 | effect immediately upon the adoption thereof. No other |
327 | proceedings shall be required for the issuance of bonds by the |
328 | district. |
329 | Section 21. The resolution of the Board of Commissioners |
330 | of the Highlands County Hospital District authorizing the |
331 | issuance of the refunding bonds may provide that the refunding |
332 | bonds may be issued in one or more series, bear the date, mature |
333 | at the time not exceeding 30 years from their respective dates, |
334 | bear interest at the rate not exceeding the maximum rate of |
335 | interest borne by the notes, bonds, or other obligations |
336 | refinanced thereby, be in the denomination, be in the form |
337 | either coupon or registered, carry the registration and |
338 | conversion privileges, be executed in the manner, be payable in |
339 | the medium of payment at the place, be subject to the terms of |
340 | redemption with or without a premium, be declared or become due |
341 | before the maturity date thereof, provide for the replacement of |
342 | mutilated, destroyed, stolen, or lost bonds, and be |
343 | authenticated in the manner and upon compliance with the |
344 | conditions and contain such other terms and covenants as is |
345 | desired. Notwithstanding the form or tenor and in the absence of |
346 | an express recital on the face that the bond is nonnegotiable, |
347 | all refunding bonds are at all times negotiable instruments for |
348 | all purposes. |
349 | Section 22. Refunding bonds bearing the signature of |
350 | officers of the district in office on the date of the signing |
351 | thereof shall be valid and binding obligations of the district |
352 | for all purposes, notwithstanding that before the delivery |
353 | thereof any or all of the persons whose signatures appear |
354 | thereon have ceased to be officers of the district. Any |
355 | resolution authorizing refunding bonds may provide that any |
356 | refunding bonds issued under this act may contain a recital and |
357 | any refunding bond issued under authority of any resolution |
358 | shall be conclusively deemed to be valid and to have been issued |
359 | in conformity with the provisions of this act. The authority of |
360 | a district to issue obligations under this act may be determined |
361 | and obligations to be issued under this act may be validated as |
362 | provided by law. |
363 | Section 23. Refunding bonds may be sold or exchanged as |
364 | follows: |
365 | (1) In installments at different times, or an entire issue |
366 | or series may be sold or exchanged at one time. Any issue or |
367 | series of refunding bonds may be exchanged in part or sold in |
368 | parts in installments at different times or at one time. The |
369 | refunding bonds may be sold or exchanged at any time on, before, |
370 | or after the maturity of any of the outstanding notes, bonds, |
371 | certificates, or other obligations to be refinanced thereby. |
372 | (2) If the board of commissioners determines to exchange |
373 | any refunding bonds, the refunding bonds may be exchanged |
374 | privately for and in payment and discharge of any of the |
375 | outstanding notes, bonds, or other obligations of the district. |
376 | The refunding bonds may be exchanged for a like or greater |
377 | principal amount of notes, bonds, or other obligations of the |
378 | district, except that the principal amount of the outstanding |
379 | notes, bonds, or other obligations to the extent necessary or |
380 | advisable, in the discretion of the governing body, to fund |
381 | interest in arrears or about to become due. The holder of |
382 | outstanding notes, bonds, or other obligations need not pay |
383 | accrued interest on the refunding bonds to be delivered in |
384 | exchange therefor if and to the extent that interest is due or |
385 | accrued and unpaid on the outstanding notes, bonds, or other |
386 | obligations to be surrendered. |
387 | (3) If the board of commissioners determines to sell any |
388 | refunding bonds, the refunding bonds shall be sold at not less |
389 | than 95 percent of par at public or private sales, in such |
390 | manner and upon the terms the board of commissioners deems best |
391 | for the interest of the district. |
392 | Section 24. All bonds or refunding bonds issued under this |
393 | act are legal investments for state, county, municipal, and all |
394 | other public funds and for banks, savings banks, insurance |
395 | companies, executors, administrators, trustees, and all other |
396 | fiduciaries and shall also be and constitute securities eligible |
397 | as collateral security for all state, county, municipal, or |
398 | other public funds. |
399 | Section 25. The funds of the district shall be paid out |
400 | only upon warrants, signed by the chair or chair pro tem of the |
401 | board, and having thereto affixed the corporate seal of the |
402 | district, which may be an impression thereon or a facsimile |
403 | thereof. The warrant may not be drawn or issued against funds of |
404 | the district except for a purpose authorized by this act, and no |
405 | such warrant against funds of the district shall be drawn or |
406 | issued until after the account or expenditure for which the same |
407 | is to be given in payment has been ordered and approved by the |
408 | board of commissioners at a meeting in which a quorum is |
409 | present. The chair of the board may sign checks and warrants of |
410 | the district by the facsimile signature of the chair and use and |
411 | employ facsimile signature machines for that purpose, provided |
412 | that the checks and warrants are countersigned by the treasurer |
413 | for the district. |
414 | Section 26. The board may pay from the funds of the |
415 | district all expenses of the organization of the board and all |
416 | expenses necessarily incurred with the formation of the district |
417 | and all other reasonable and necessary expenses, including the |
418 | fees and expenses of an attorney in the transaction of the |
419 | business of the district and in carrying out and accomplishing |
420 | the purposes of this act. This section, however, may not be |
421 | construed to limit or destroy any of the powers vested in the |
422 | board of commissioners by any other section or provision of this |
423 | act. |
424 | Section 27. Subject to such provisions and restrictions as |
425 | are set forth in the resolution authorizing or securing any |
426 | bonds issued under this act, the board may enter into contracts |
427 | with the government of the United States or any agency or |
428 | instrumentality thereof, or with the state or any county, |
429 | municipality, district, authority, or political subdivision, |
430 | private corporation, partnership, association, or individual |
431 | providing for or relating to the construction or acquisition of |
432 | additions, extensions, and improvements to the hospital and any |
433 | other matters relevant thereto or otherwise necessary to effect |
434 | the purposes of this act, may receive and accept from any |
435 | federal agency, state agency, or other public body grants or |
436 | loans for or in aid of such purposes and receive and accept aid |
437 | or contributions or loans from any other source of money, |
438 | property, labor, or other things of value, to be held, used, and |
439 | applied only for the purpose for which such grants, |
440 | contributions, or loans may be made. |
441 | Section 28. At least once each year the board of |
442 | commissioners shall publish once in some newspaper published in |
443 | the district a complete detailed annual statement of all moneys |
444 | received and disbursed by them since the creation of the |
445 | district as to the first published statement and since the last |
446 | published statement as to any other year. The statements shall |
447 | also show the several sources from which the funds were received |
448 | and shall show the balance on hand at the time of the published |
449 | statement. It shall show a complete statement of the financial |
450 | condition of the district. |
451 | Section 29. Each hospital or clinic established under this |
452 | act shall be for the use and benefit of the residents of the |
453 | district. Residents shall be admitted to such hospital or clinic |
454 | and be entitled to hospitalization and treatment, subject, |
455 | however, to the rules adopted by the board of commissioners |
456 | effective as of the date of admission of a patient to the |
457 | hospital or clinic. The hospital or clinic may care for and |
458 | treat without charge patients who are found by the board of |
459 | commissioners to be indigent and who have for 1 year next |
460 | preceding the application for admission been residents of the |
461 | district. The board of commissioners may accept money from any |
462 | welfare funds provided for Highlands County or moneys available |
463 | to the indigent patients from a federal, state, or county agency |
464 | or moneys available to Highlands County from such governmental |
465 | agencies for welfare and hospital purposes, for the payment of |
466 | costs of treatment and care of indigent residents of the |
467 | district. The board may collect from patients financially able |
468 | such charges as the board of commissioners from time to time |
469 | establishes. The board of commissioners may exclude from |
470 | treatment and care any person having a communicable or |
471 | contagious disease when such disease may be a detriment to the |
472 | best interests of the hospital or clinic or a source of |
473 | contagion or infection to the patient in its care, unless the |
474 | hospital has a separate building or ward for the special |
475 | treatment of such patients and can properly and with safety to |
476 | the other patients retain the communicable or contagious case in |
477 | such separate ward or building. The board of commissioners may |
478 | extend the privileges and use of the hospital or clinic to |
479 | nonresidents of the district who pay the rates established by |
480 | the board and upon such terms and conditions as the board may |
481 | from time to time by its rules provide. However, residents of |
482 | the district wherein the hospital or clinic is located have |
483 | first claim to admission. The board may furnish and extend the |
484 | benefits of the hospital and clinic services and treatment to |
485 | the homes of indigent residents of the district. Each municipal |
486 | corporation situated within the district and the law enforcing |
487 | agencies of Highlands County are liable to the board for the |
488 | occupancy, care, medicine, and treatment of prisoners in the |
489 | custody of the municipal corporation or county officers who are |
490 | admitted to any hospital operated by the board. |
491 | Section 30. Realizing that factors other than professional |
492 | must enter into the qualification of those who practice medicine |
493 | and surgery, the Board of Commissioners of the Highlands County |
494 | Hospital District may adopt rules and bylaws for the operation |
495 | of the hospital and the hospital staff. The board of |
496 | commissioners may give, grant, or revoke licenses and privileges |
497 | of staff members so that the welfare and health of patients and |
498 | the best interests of the hospital are at all times best served. |
499 | The board of commissioners is further authorized to adopt rules |
500 | for the control of all professional and nonprofessional |
501 | employees of the hospital, which terms shall include nurses on |
502 | general duty or on private duty attending patients and all |
503 | persons in the hospital either as employees or who in any manner |
504 | attend patients. Any patient may employ, at his or her expense, |
505 | his or her own physician, and the physician when employed by the |
506 | patient shall have exclusive charge of the care and treatment of |
507 | the patient, and the nurses therein, as to the patient, shall be |
508 | subject to the direction of the physician, subject always to |
509 | such general rules as are adopted by the Board of Commissioners |
510 | of the Highlands County Hospital District. |
511 | Section 31. The board of commissioners may secure and keep |
512 | in force in amounts it may determine, in companies duly |
513 | authorized to do business in Florida, liability insurance |
514 | covering vehicles, premises, and malpractice. However, the board |
515 | of commissioners may purchase such insurance from companies not |
516 | duly authorized to do business in Florida if equivalent |
517 | insurance coverage is not available from companies duly |
518 | authorized to do business in Florida. In consideration of the |
519 | premium at which each policy is written, it shall be a part of |
520 | the policy contract between the board of commissioners and the |
521 | named insured that the company is not entitled to the benefit of |
522 | the defense of governmental immunity for the insured by reason |
523 | of exercising of governmental function on any suit brought |
524 | against the insured. Immunity of the board of commissioners |
525 | against liability damages is waived to the extent of liability |
526 | insurance carried by the board. However, an attempt may not be |
527 | made at the trial of any action against the board to suggest the |
528 | existence of any insurance that covers in whole or in part any |
529 | judgment or award that is rendered in favor of the plaintiff. If |
530 | a verdict rendered by the jury exceeds the limit of the |
531 | applicable insurance, the court shall reduce the amount of the |
532 | judgment or award to a sum equal to the applicable limit set |
533 | forth in the policy. |
534 | Section 32. The provisions of this act shall be liberally |
535 | construed for accomplishing the work authorized and provided for |
536 | or intended to be provided for by this act, and when strict |
537 | construction would result in the defeat of the accomplishment of |
538 | any part of the work authorized by this act and a liberal |
539 | construction would permit or assist in the accomplishment |
540 | thereof, the liberal construction shall be chosen. |
541 | Section 33. If any provision of this act or its |
542 | application to any person or circumstance is held invalid, the |
543 | invalidity does not affect other provisions or applications of |
544 | the act which can be given effect without the invalid provision |
545 | or application, and to this end the provisions of this act are |
546 | declared severable. |
547 | Section 34. (1) Notwithstanding the foregoing provisions |
548 | of this act and without regard to any limitations and conditions |
549 | contained in any other section of this act: |
550 | (a) The board of commissioners may acquire, construct, |
551 | reconstruct, extend, make additions to, enlarge, improve, |
552 | repair, remodel, restore, equip, and furnish hospital and other |
553 | health care facilities now or hereafter located in the district |
554 | and which are or may be owned by or under the supervision, |
555 | operation, and control of the district. For the purposes of this |
556 | section "health care facilities" means any real property or |
557 | interest therein, building, structure, facility, machinery, |
558 | equipment, furnishings, or other property suitable for use by |
559 | the district in connection with its operations or proposed |
560 | operations, including, without limitation, real property |
561 | therefor; a clinic, computer facility, dining hall, firefighting |
562 | facility, fire prevention facility, food service and preparation |
563 | facility, health care facility, long-term care facility, |
564 | hospital, interns' residence, laboratory, laundry, maintenance |
565 | facility, nurses' residence, nursing home, nursing school, |
566 | office, professional office building, parking structure and |
567 | area, pharmacy, recreational facility, research facility, |
568 | storage facility, utility, or X-ray facility, or any combination |
569 | of the foregoing; and other structures or facilities related |
570 | thereto or required or useful for health care purposes, the |
571 | conducting of research, or the operation of a hospital or other |
572 | health care facility, including facilities or structures |
573 | essential or convenient for the orderly conduct of such hospital |
574 | or other health care facility and other similar items necessary |
575 | or convenient for the operation of a particular facility or |
576 | structure in the manner for which its use is intended. |
577 | (b)1. The board of commissioners may from time to time |
578 | issue negotiable revenue bonds of the district for the purpose |
579 | of paying or refinancing all or any part of the cost of any |
580 | hospital or other health care facility. In anticipation of the |
581 | sale of such revenue bonds, the district may issue negotiable |
582 | bond anticipation notes and may renew them from time to time, |
583 | but the maximum maturity of any such note, including renewals |
584 | thereof, may not exceed 5 years from the date of issue of the |
585 | original note. Such notes shall be paid from any revenues or |
586 | other funds of the district legally available therefor and not |
587 | otherwise pledged or from the proceeds of sale of the revenue |
588 | bonds of the district in anticipation of which they were issued. |
589 | The notes shall be issued in the same manner as the revenue |
590 | bonds. Such notes and the resolution or resolutions authorizing |
591 | them may contain any provision, condition, or limitation that a |
592 | bond resolution of the board of commissioners may contain. |
593 | 2. The revenue bonds and notes of every issue shall be |
594 | payable solely out of revenues derived by the district from |
595 | hospital and other health care facilities within the district |
596 | and owned by or under the supervision, operation, and control of |
597 | the district, together with any other funds of the district |
598 | legally available for the purpose. Notwithstanding that revenue |
599 | bonds and notes may be payable from a special fund, they are, |
600 | and shall be deemed to be, for all purposes, negotiable |
601 | instruments, subject only to any provisions of the revenue bonds |
602 | and notes for registration. |
603 | 3. The revenue bonds may be issued as serial bonds, as |
604 | term bonds, or otherwise, or the board of commissioners, in its |
605 | discretion, may issue bonds of all types. The revenue bonds |
606 | shall be authorized by resolution or resolutions of the board of |
607 | commissioners and shall bear such date or dates; mature at such |
608 | time or times, not exceeding 50 years from their respective |
609 | dates; bear interest at such rate or rates, including variable |
610 | rates, but not exceeding the maximum rate permitted by law at |
611 | the time of issuance; be payable at such time or times; be in |
612 | such denominations; be in such form, either coupon or |
613 | registered, or both; carry such registration privileges and |
614 | conversion or exchange privileges; be executed in such manner; |
615 | be payable in lawful money of the United States at such place or |
616 | places; and be subject to such terms of redemption, including |
617 | redemption prior to maturity, as such resolution or resolutions |
618 | provide. The board of commissioners shall determine the form and |
619 | manner of execution of the bonds, including any interest coupons |
620 | to be attached thereto, and shall fix the denomination or |
621 | denominations of the bonds and the place or places of payment of |
622 | principal and interest, which may be at any bank or trust |
623 | company within or without the state. In case any officer whose |
624 | signature, or a facsimile of whose signature, appears on any |
625 | bonds or coupons ceases to be such officer before the delivery |
626 | of such bonds, such signature or facsimile is nevertheless valid |
627 | and sufficient for all purposes the same as if he or she had |
628 | remained in office until such delivery. The board of |
629 | commissioners may also provide for the authentication of the |
630 | bonds by a trustee or fiscal agent. The revenue bonds or notes |
631 | may be sold in such manner, either at public or private sale, |
632 | and for such price or prices as the board of commissioners |
633 | determines. Pending preparation of the definitive bonds, the |
634 | board of commissioners may issue interim receipts or |
635 | certificates, which shall be exchanged for such definitive |
636 | bonds. |
637 | 4. In the discretion of the board of commissioners, each |
638 | or any issue of revenue bonds may be secured by a trust |
639 | agreement by and between the district and a corporate trustee, |
640 | which may be any trust company or bank having the powers of a |
641 | trust company within or outside of the state. Such trust |
642 | agreement or resolution providing for the issuance of such bonds |
643 | may pledge or assign all or any part of the revenues and other |
644 | funds of the district legally available for the payment of such |
645 | revenue bonds. The resolution providing for the issuance of such |
646 | bonds or such trust agreement may contain such provisions for |
647 | protecting and enforcing the rights and remedies of the |
648 | bondholders as are reasonable and proper and not in violation of |
649 | law, including covenants setting forth the duties of the |
650 | district in relation to the acquisition, construction, |
651 | improvement, maintenance, operation, repair, equipping, and |
652 | insurance of the facilities, the fees and other charges to be |
653 | fixed and collected for the use of any facility or part thereof, |
654 | the sale of any facility or part thereof or other property, the |
655 | terms and conditions for the issuance of additional bonds, and |
656 | the custody, safeguarding, and application of all moneys. It is |
657 | lawful or any bank or trust company incorporated under the laws |
658 | of the state which may act as such depository to furnish such |
659 | indemnifying bonds or to pledge such securities as are required |
660 | by the board of commissioners. Such resolution or such trust |
661 | agreement may set forth the rights and remedies of the |
662 | bondholders and the trustee and may restrict the individual |
663 | right of action by the bondholders. In addition to the |
664 | foregoing, such resolution or such trust agreement may contain |
665 | such other provisions as the board of commissioners deems |
666 | reasonable and proper for the security of the bondholders. All |
667 | expenses incurred in carrying out such trust agreement or |
668 | resolution may be treated as a part of the cost of the facility |
669 | in connection with which such bonds are issued or as part of the |
670 | expense of operation or such facility, as the case may be. The |
671 | resolution or trust agreement providing for the issuance of the |
672 | revenue bonds may also contain such limitations upon the |
673 | issuance of additional revenue bonds as the board of |
674 | commissioners deems proper, and such additional bonds shall be |
675 | issued under such restrictions or limitations prescribed by such |
676 | resolution or trust agreement. |
677 | (c) Revenue bonds issued under this section shall not be |
678 | deemed to constitute a debt, liability, or obligation of the |
679 | district, Highlands County, or the state or any political |
680 | subdivision thereof or a pledge of the faith and credit or the |
681 | taxing power of the district, Highlands County, or the state or |
682 | any political subdivision thereof, but they shall be payable |
683 | solely from the revenues and funds provided therefor. All such |
684 | revenue bonds shall contain on the face thereof a statement to |
685 | the effect that the district is not obligated to pay the same or |
686 | the interest thereon except from the revenues and other funds of |
687 | the district provided for such payment, and that neither the |
688 | faith and credit nor the taxing power of the district, Highlands |
689 | County, or the state or any political subdivision thereof is |
690 | pledged to the payment of the principal or the interest on such |
691 | bonds. The issuance of revenue bonds under this section shall |
692 | not directly, indirectly, or contingently obligate the district, |
693 | Highlands County, or the state or any political subdivision |
694 | thereof to levy or to pledge any form of taxation whatever |
695 | therefore or to make any appropriation for their payment. |
696 | (d) All bonds issued under this section have, and are |
697 | declared to have, all the qualities and incidents, including |
698 | negotiability, of investment securities under the Uniform |
699 | Commercial Code, but no provision of such code respecting the |
700 | filing of a financing statement to perfect a security interest |
701 | shall be deemed necessary for or applicable to any security |
702 | interest created in connection with the issuance of any such |
703 | bonds. |
704 | (e) The exercise of the powers granted by this section |
705 | will be in all respects for the benefit of the people of this |
706 | state, for the increase of their commerce, welfare, and |
707 | prosperity, and for the improvement of their health and living |
708 | conditions, and because the operation and maintenance of |
709 | hospital and other health care facilities by the district will |
710 | constitute the performance of an essential public and |
711 | governmental purpose, any bonds issued under the provisions of |
712 | this section, together with interest thereon, their transfer, |
713 | and the income therefrom, including any profit made on the sale |
714 | thereof, shall at all times be free from taxation of every kind |
715 | by the state, Highlands County, and municipalities and other |
716 | political subdivisions in the state, except those taxes imposed |
717 | by chapter 220, Florida Statutes, on interest, income, or |
718 | profits on debt obligations owned by corporations. |
719 | (f) The board of commissioners may provide for the |
720 | issuance of revenue bonds of the district for the purpose of |
721 | refunding any of its revenue bonds then outstanding, including |
722 | the payment of any redemption premium thereon and any interest |
723 | accrued or to accrue to the earliest or subsequent date of |
724 | redemption, purchase, or maturity of such revenue bonds. The |
725 | proceeds of any such revenue bonds issued for the purpose of |
726 | refunding outstanding revenue bonds may, in the discretion of |
727 | the board of commissioners, be applied to the purchase or |
728 | retirement at maturity or redemption of such outstanding revenue |
729 | bonds either on their earliest or any subsequent redemption |
730 | date, or upon the purchase or at the maturity thereof; may, |
731 | pending such application, be placed in escrow to be applied to |
732 | such purchase or retirement at maturity or redemption on such |
733 | date as may be determined by the board of commissioners; and, |
734 | pending such application to purchase, retirement, or redemption, |
735 | may be invested and reinvested in securities selected by or in |
736 | such manner as the board of commissioners provides. |
737 | (g) Bonds issued by the board of commissioners under this |
738 | section are made securities in which all public officers and |
739 | public bodies of the state and its political subdivisions and |
740 | all banks, trust companies, bankers, banking associations, |
741 | savings banks and institutions, building and loan associations, |
742 | savings and loan associations, investment companies, and other |
743 | persons carrying on a banking or investment business; all |
744 | insurance companies, insurance associations, and other persons |
745 | carrying on an insurance business; and all executors, |
746 | administrators, curators, trustees, and other fiduciaries may |
747 | properly and legally invest funds, including capital in their |
748 | control or belonging to them. Such bonds are made securities |
749 | that may properly and legally be deposited with and received by |
750 | any state or municipal officer or any agency or political |
751 | subdivision of the state for any purpose for which the deposit |
752 | or bonds or obligations of the state is now or may hereafter be |
753 | authorized by law. |
754 | (h) An election in the district is not required as a |
755 | condition precedent to the exercise by the board of |
756 | commissioners of any of the powers conferred by this section |
757 | unless such election is required by the State Constitution. |
758 | (i) Revenue bonds may be issued under this section without |
759 | obtaining, except as otherwise expressly provided in this |
760 | section, the consent of any department, division, commission, |
761 | board, body, bureau, or agency of the state or any political |
762 | subdivision thereof and without any other proceedings or the |
763 | happening of any conditions or things other than those |
764 | proceedings, conditions, or things that are specifically |
765 | required by this section and the provisions of the resolution or |
766 | resolutions authorizing the issuance of such bonds or the trust |
767 | agreement securing them. |
768 | (2) This section shall be deemed to provide an additional |
769 | and alternative method for the doing of the things authorized in |
770 | this section and shall be regarded as supplemental and |
771 | additional to powers conferred by other laws. This section, |
772 | being necessary for the health and welfare of the inhabitants of |
773 | Highlands County and the state, shall be liberally construed to |
774 | effect the purposes thereof. |
775 | Section 35. In order that citizens and residents of the |
776 | district may receive quality health care, the board of |
777 | commissioners may enter into contract with corporations, either |
778 | for profit or not for profit, duly authorized to do business in |
779 | the state for the purpose of operating and managing such |
780 | hospital and any or all of its facilities of whatsoever kind and |
781 | nature and enter into leases with such corporations for the |
782 | operating of such facilities. The term of any such lease, |
783 | contract, or agreement and the conditions, covenants, and |
784 | agreements to be contained therein shall be determined by the |
785 | board of commissioners. |
786 | Section 36. The Board of Commissioners of the Highlands |
787 | County Hospital District may transfer by gift or loan to the |
788 | Highlands County Commission any surplus assets or funds from |
789 | whatever source derived; however, they must be used exclusively |
790 | for health services in Highlands County. Further, such assets or |
791 | funds constitute surplus funds as determined by the Board of |
792 | Commissioners of the Highlands County Hospital District. |
793 | Section 4. Chapters 61-2232, 72-553, 74-487, 78-519, 80- |
794 | 506, 81-384, 84-437, 85-420, 88-456, and 96-443, Laws of |
795 | Florida, are repealed. |
796 | Section 5. This act shall take effect upon becoming a law. |