HB 1599

1
A bill to be entitled
2An act relating to the Highlands County Hospital District;
3codifying, pursuant to s. 189.429, F.S., special laws
4relating to the Highlands County Hospital District;
5codifying, reenacting, amending, and repealing chapters
661-2232, 72-553, 74-487, 78-519, 80-506, 81-384, 84-437,
785-420, 88-456, and 96-443, Laws of Florida; fixing and
8prescribing boundaries of the district; providing for its
9governing and administration; providing and defining
10powers and purposes of the district and its board of
11commissioners; authorizing the board to establish,
12contract for, lease, operate, and maintain any hospital it
13has established in the district; authorizing and providing
14for issuance and sale of district bonds; authorizing the
15board to borrow money and give notes therefor; authorizing
16and providing for levy and collection of taxes for payment
17of bonds and notes and interest thereon; providing for
18exercise of the power of eminent domain; authorizing
19establishment of hospital staff and a nursing school;
20providing for liability insurance; providing construction;
21providing severability; providing for the issuance of
22revenue bonds; authorizing the transfer of certain funds
23and limiting the uses thereof; providing an effective
24date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Pursuant to section 189.429, Florida Statutes,
29this act constitutes the codification of all special acts
30relating to the Highlands County Hospital District. It is the
31intent of the Legislature in enacting this law to provide a
32single, comprehensive special act charter for the district,
33including all current legislative authority granted to the
34district by its several legislative enactments and any
35additional authority granted by this act.
36     Section 2.  Chapters 61-2232, 72-553, 74-487, 78-519, 80-
37506, 81-384, 84-437, 85-420, 88-456, and 96-443, Laws of
38Florida, are codified, reenacted, amended, and repealed as
39provided in this act.
40     Section 3.  The charter for the Highlands County Hospital
41District is re-created and reenacted to read:
42     Section 1.  A dependent special district is created,
43incorporated, and codified to be known as the Highlands County
44Hospital District in Highlands County, which district shall
45embrace and include all of Highlands County. This act codifies
46the prior enabling act, chapter 61-2232, Laws of Florida, as
47amended.
48     Section 2.  The governing body of the Highlands County
49Hospital District shall consist of five commissioners, not more
50than one of whom may be a member of the medical profession. All
51commissioners, who shall serve without compensation, must be
52qualified electors and freeholders residing in Highlands County
53for more than 1 year prior to appointment, one of whom must
54reside in county commissioner's district No. 1; one of whom must
55reside in county commissioner's district No. 2; one of whom must
56reside in county commissioner's district No. 3; one of whom must
57reside in county commissioner's district No. 4; and one of whom
58must reside in county commissioner's district No. 5. The body
59shall be known and designated as the Board of Commissioners of
60the Highlands County Hospital District. All commissioners shall
61be appointed by the Board of County Commissioners of Highlands
62County for a term of 4 years. The Board of County Commissioners
63of Highlands County may remove any member of the board of
64commissioners for cause and shall fill any vacancy that occurs
65therein for the remainder of the term in which the vacancy
66occurred. The members of the board of commissioners shall
67receive no salary, but each shall be paid the sum of $120 a year
68as expense money; however, a member is not entitled to expense
69money unless he or she has attended 75 percent of the regular
70meetings held by the board during any year. A regular meeting of
71the board shall be held at least once each quarter. Each member
72shall give bond to the Board of County Commissioners of
73Highlands County for the faithful performance of his or her
74duties in the sum of $5,000 with a surety company qualified to
75do business in this state as surety, which bond shall be
76approved and kept by the Clerk of the Circuit Court of Highlands
77County. If the secretary and treasurer is not a member of the
78board, he or she shall give a like bond of $5,000 for the
79faithful performance of his or her duties. Premiums on bonds
80shall be paid as part of the expenses of the district.
81     Section 3.  The Board of Commissioners of the Highlands
82County Hospital District has all the powers of a body corporate,
83including the power to sue and be sued under the name of the
84Highlands County Hospital District; to contract and be
85contracted with; to adopt and use a common seal and to alter it
86at pleasure; to acquire, purchase, hold, lease, mortgage, and
87convey such real and personal property as the board deems proper
88or expedient to carry out the purposes of this act; to appoint
89and employ a superintendent or matron or both, and such other
90agents and employees as the board deems advisable; to fix
91compensation of all employees and remove any appointees or
92employees; to insure the improvements, fixtures, and equipment
93against loss by fire, windstorm, or other coverage in such
94amounts as are determined reasonable and proper; and to borrow
95money and to issue evidence of indebtedness of the district
96therefor to carry out the provisions of this act in the manner
97provided in this act.
98     Section 4.  There shall be a chair of the board of
99commissioners. The board may elect one of its members to serve
100as secretary and treasurer, or it may appoint some person not a
101member of the board to serve in that capacity. In the absence of
102the chair or his or her inability to act at any regular meeting,
103warrants may be signed by any other member of the board selected
104by the members present as chair pro tem. Three commissioners
105constitute a quorum, and a vote of at least two commissioners is
106necessary to the transaction of any business of the district.
107The commissioners shall cause true and accurate minutes and
108records to be kept of all business transacted by them and shall
109keep full, true, and complete books of account and minutes,
110which minutes, records, and books of account shall at all
111reasonable times be open and subject to inspection by
112inhabitants of the district. Any person desiring to do so may
113make or procure a copy of the minutes, records, or books of
114account, or such portions thereof as he or she may desire.
115     Section 5.  The board of commissioners is authorized to
116establish, construct, lease, operate, and maintain any hospital
117as in its opinion is necessary for the use of the people of the
118district. The hospital shall be established, constructed,
119leased, operated, and maintained by the board of commissioners
120for the preservation of the public health, for the public good,
121and for the use of the public of the district, and maintenance
122of any hospital within the district is found and declared to be
123a public purpose and necessary for the preservation of the
124public health, the public use, and the welfare of the district
125and its inhabitants. The location of any hospital shall be
126determined by the board. The board may accept any and all gifts,
127loans, or advancements for the purchase of property, real or
128personal, for the construction of, equipping of, and maintenance
129of any hospital established by the board.
130     Section 6.  The board of commissioners may at any time in
131its discretion establish and maintain in connection with such
132hospital and as part thereof a training school for nurses, and
133upon completion of a prescribed course of training, it shall
134give to nurses who have satisfactorily completed the course a
135diploma. The board of commissioners may adopt all rules
136necessary for the operation of a nurse's training school and
137make all necessary expenditures in connection therewith.
138     Section 7.  The board has the power of eminent domain, and
139it may thereby condemn and acquire any real or personal property
140within the territorial limits of the district which the board
141deems necessary for the use of the district. Such power of
142condemnation shall be exercised in the same manner as is now
143provided by general law for the exercise of the power of eminent
144domain by cities and towns of this state.
145     Section 8.  The board of commissioners may, in order to
146provide for and carry out the work of this act, borrow money
147from time to time for periods of time not exceeding 20 years at
148any one time, and issue any notes of the district therefor upon
149such terms and upon such rates of interest not exceeding 8
150percent per year as the board deems advisable and secure the
151payment of same by mortgage upon any property, real or personal,
152owned by the district. The board additionally may pledge as
153security for money borrowed by it, any moneys accruing to it or
154to accrue to it from any source, including revenues derived from
155the operation of the hospital and from any other funds legally
156available to the district; however, the aggregate amount of
157principal of moneys so borrowed upon the notes and mortgages of
158the district, shall not, at any one time, exceed the sum of
159$750,000.
160     Section 9.  The Board of Commissioners of the Highlands
161County Hospital District may issue bonds of the district of such
162form, denomination, and bearing such rate of interest not to
163exceed 6 percent per year, and becoming due not less than 5 nor
164more than 30 years from the date of issuance, in an amount not
165to exceed $1 million of the total bonded indebtedness of the
166district, for the purpose of raising funds to establish,
167construct, operate, and maintain any hospital as in the board's
168opinion is necessary in the district. The board of commissioners
169may refund any and all previous issues of bonds for any and all
170lawful hospital purposes. All the proceeds derived from the sale
171of bonds or refunding bonds, exclusive of expenses, shall be
172deposited in a depository selected by the board.
173     Section 10.  Before the issuance of bonds, the board of
174commissioners shall, by resolution, determine the amount that in
175its opinion will be necessary to be raised annually by taxation
176for an interest and sinking fund with which to pay the interest
177and principal of the bonds; and the board shall provide for the
178levy and collection annually of a sufficient tax upon all the
179taxable property in the district, not exempt by law, to pay such
180interest and with which to provide and maintain a sinking fund
181for the payment of the principal of bonds.
182     Section 11.  All bonds issued by the Board of Commissioners
183of the Highlands County Hospital District, except refunding
184bonds, revenue bonds, or certificates and anticipation time
185warrants, shall be issued only after they have been approved by
186the majority of the votes cast in an election in which a
187majority of the freeholders who are qualified registered
188electors in the district shall participate, which election shall
189be called and held by the board of commissioners, subject to
190reasonable rules adopted by the board. If it is determined to
191hold an election to decide whether a majority of the freeholders
192who are qualified electors are in favor of the issuance of
193bonds, the board of commissioners shall by resolution order an
194election to be held in the district, and shall give 30 days'
195notice of the election by publication in a newspaper of general
196circulation within the district once a week for 4 consecutive
197weeks during such period.
198     Section 12.  Only registered electors of the district who
199are freeholders owning real property within the territorial
200limits of the district shall be permitted to vote at a bond
201election, and they may be required to submit proof by affidavit
202before the election official that they are freeholders owning
203property in the district and qualified as electors. For the
204purpose of determining the total number of qualified electors
205residing in the district who are freeholders and entitled to
206participate in such election, the board of commissioners shall
207prepare a list or file of the names of all qualified electors
208appearing upon the registration books of Highlands County who
209are determined to be freeholders residing in the district and
210qualified to vote in the election. Such lists or files shall be
211furnished to the inspectors or clerks of the election at each
212voting place, and such lists or files shall be prima facie
213evidence of the total number of qualified electors who are
214freeholders in the district and qualified to participate in the
215election. A person whose name does not appear upon such list or
216file may not be permitted to vote in such election; except that
217a qualified elector of a district whose name does not appear
218upon such file or list shall be permitted to vote upon taking a
219freeholder's oath before the clerk of the election and
220furnishing proof of his or her qualification as a freeholder.
221     Section 13.  As far as practicable and where not
222inconsistent with the provisions of this act, the procedure
223outlined in chapter 100, Florida Statutes, providing the
224procedure for bond elections, shall govern.
225     Section 14.  All bonds issued under this act shall be in
226the denomination of $100 or some multiple thereof and shall bear
227interest not exceeding 6 percent per year, payable annually or
228semiannually, and both principal and interest shall be payable
229at such place as the governing authority determines. The form of
230such bonds shall be fixed by resolution of the board of
231commissioners and bonds shall be signed by the chair of the
232board and countersigned by the secretary of the board under the
233seal of the district. The coupons, if any, shall be executed by
234the facsimile signatures of the officers. The delivery at any
235subsequent date of any bond and coupon so executed shall be
236valid, although before the date of delivery the persons signing
237bonds or coupons cease to hold office.
238     Section 15.  Bonds issued under this act may be either
239registered or coupon bonds. Coupon bonds may be registered as to
240principal in the holder's name on the books of the hospital
241district, the registration being noted upon the bonds, after
242which no transfer shall be valid unless made on such hospital
243district's books by the registered holder and similarly noted on
244the bonds. Bonds registered as to principal may be discharged
245from registration by being transferred to the bearer, after
246which they shall be transferable by delivery, but may be again
247registered as to principal as before. The registration of the
248bonds as to principal shall not restrain the negotiability of
249the coupons by delivery merely.
250     Section 16.  Before any bonds of the Highlands County
251Hospital District are issued under this act, the board of
252commissioners shall investigate and determine the legality of
253the proceedings. The resolution authorizing the bonds may direct
254that they contain the following recital:
255
256"It is certified that this bond is authorized by and is issued
257in conformity with the requirements of the Constitution and
258Statutes of the State of Florida."
259
260Such recital shall be an authorized declaration by the governing
261authority of the district and shall import that there is
262constitutional and statutory authority for incurring the debts
263and issuing the bonds; that all the proceedings therefor are
264regular; that all acts, conditions, and things required to
265exist, happen, and be performed precedent to and in the issuance
266of the bond have existed, happened, and been performed in due
267time, form, and manner, as required by law; and that the amount
268of the bond, together with all other indebtedness, does not
269exceed any limit prescribed by the constitution and statutes of
270this state. If any bond is issued containing the recital, it
271shall be conclusively presumed that the recital, construed
272according to the import declared in this section, is true, and
273the district shall not be permitted to question the validity or
274legality of the obligation in any court in any action or
275proceeding.
276     Section 17.  In issuing bonds under this act, it is lawful
277for the board of commissioners to include more than one
278improvement or hospital purpose in any bond issue.
279     Section 18.  All bonds issued under this act shall be
280advertised for sale on sealed bids, which advertisement shall be
281published once a week for 3 weeks, the first publication to be
282made at least 21 days preceding the date fixed for the reception
283of bids in a newspaper published in the hospital district.
284Notice of sale shall also be published once a week for 3 weeks
285preceding the date fixed for the reception of bids, either in a
286financial paper published in the City of New York, the City of
287Chicago, or the City of Baltimore, or in a newspaper of general
288circulation published in a city in Florida having a population
289of not fewer than 20,000 inhabitants according to the latest
290official decennial census. The board of commissioners may reject
291any and all bids. If the bonds are not sold pursuant to such
292advertisements, they may be sold by the board of commissioners
293at private sale within 60 days after the date advertised for the
294reception of sealed bids, but no private sale shall be made at a
295price less than the highest bid that has been received. If not
296so sold, bonds shall be readvertised in the manner prescribed in
297this act. No bonds issued under this act shall be sold for less
298than 95 percent of the par value and accrued interest.
299     Section 19.  A resolution or proceeding in respect to the
300issuance of bonds is not necessary, except as required by this
301act. Publication of any resolution or proceeding relating to the
302issuance of bonds is not required, except as required by this
303act. Any publication prescribed in this act may be made in any
304newspaper conforming to the terms of this act without regard to
305the designation thereof as the official organ of the district.
306Bonds issued under this act shall have all the qualities of
307negotiable paper under the law merchant, shall not be invalid
308for any irregularly or defect in the proceeding for the issue
309and sale thereof, and shall be incontestable in the hands of
310bona fide purchasers or holders thereof for value.
311     Section 20.  The Board of Commissioners of the Highlands
312County Hospital District may provide by resolution for the
313issuance of refunding bonds to refund principal and interest of
314an existing bond indebtedness, for the payment of which the
315credit of the hospital district is pledged, and such bonds may
316be issued at or prior to maturity of the bonds to be refunded.
317Such resolution may be adopted at a regular or special meeting,
318and at the same meeting at which it is introduced, by the
319majority of the members of the commission then in office. It is
320determined and declared as a matter of legislative intent that
321an election to authorize the issuance of refunding bonds is not
322necessary, except in cases in which an election may be required
323by the State Constitution. In all cases in which it is not
324necessary under the State Constitution to hold an election on
325the issuance of such refunding bonds, such resolution shall take
326effect immediately upon the adoption thereof. No other
327proceedings shall be required for the issuance of bonds by the
328district.
329     Section 21.  The resolution of the Board of Commissioners
330of the Highlands County Hospital District authorizing the
331issuance of the refunding bonds may provide that the refunding
332bonds may be issued in one or more series, bear the date, mature
333at the time not exceeding 30 years from their respective dates,
334bear interest at the rate not exceeding the maximum rate of
335interest borne by the notes, bonds, or other obligations
336refinanced thereby, be in the denomination, be in the form
337either coupon or registered, carry the registration and
338conversion privileges, be executed in the manner, be payable in
339the medium of payment at the place, be subject to the terms of
340redemption with or without a premium, be declared or become due
341before the maturity date thereof, provide for the replacement of
342mutilated, destroyed, stolen, or lost bonds, and be
343authenticated in the manner and upon compliance with the
344conditions and contain such other terms and covenants as is
345desired. Notwithstanding the form or tenor and in the absence of
346an express recital on the face that the bond is nonnegotiable,
347all refunding bonds are at all times negotiable instruments for
348all purposes.
349     Section 22.  Refunding bonds bearing the signature of
350officers of the district in office on the date of the signing
351thereof shall be valid and binding obligations of the district
352for all purposes, notwithstanding that before the delivery
353thereof any or all of the persons whose signatures appear
354thereon have ceased to be officers of the district. Any
355resolution authorizing refunding bonds may provide that any
356refunding bonds issued under this act may contain a recital and
357any refunding bond issued under authority of any resolution
358shall be conclusively deemed to be valid and to have been issued
359in conformity with the provisions of this act. The authority of
360a district to issue obligations under this act may be determined
361and obligations to be issued under this act may be validated as
362provided by law.
363     Section 23.  Refunding bonds may be sold or exchanged as
364follows:
365     (1)  In installments at different times, or an entire issue
366or series may be sold or exchanged at one time. Any issue or
367series of refunding bonds may be exchanged in part or sold in
368parts in installments at different times or at one time. The
369refunding bonds may be sold or exchanged at any time on, before,
370or after the maturity of any of the outstanding notes, bonds,
371certificates, or other obligations to be refinanced thereby.
372     (2)  If the board of commissioners determines to exchange
373any refunding bonds, the refunding bonds may be exchanged
374privately for and in payment and discharge of any of the
375outstanding notes, bonds, or other obligations of the district.
376The refunding bonds may be exchanged for a like or greater
377principal amount of notes, bonds, or other obligations of the
378district, except that the principal amount of the outstanding
379notes, bonds, or other obligations to the extent necessary or
380advisable, in the discretion of the governing body, to fund
381interest in arrears or about to become due. The holder of
382outstanding notes, bonds, or other obligations need not pay
383accrued interest on the refunding bonds to be delivered in
384exchange therefor if and to the extent that interest is due or
385accrued and unpaid on the outstanding notes, bonds, or other
386obligations to be surrendered.
387     (3)  If the board of commissioners determines to sell any
388refunding bonds, the refunding bonds shall be sold at not less
389than 95 percent of par at public or private sales, in such
390manner and upon the terms the board of commissioners deems best
391for the interest of the district.
392     Section 24.  All bonds or refunding bonds issued under this
393act are legal investments for state, county, municipal, and all
394other public funds and for banks, savings banks, insurance
395companies, executors, administrators, trustees, and all other
396fiduciaries and shall also be and constitute securities eligible
397as collateral security for all state, county, municipal, or
398other public funds.
399     Section 25.  The funds of the district shall be paid out
400only upon warrants, signed by the chair or chair pro tem of the
401board, and having thereto affixed the corporate seal of the
402district, which may be an impression thereon or a facsimile
403thereof. The warrant may not be drawn or issued against funds of
404the district except for a purpose authorized by this act, and no
405such warrant against funds of the district shall be drawn or
406issued until after the account or expenditure for which the same
407is to be given in payment has been ordered and approved by the
408board of commissioners at a meeting in which a quorum is
409present. The chair of the board may sign checks and warrants of
410the district by the facsimile signature of the chair and use and
411employ facsimile signature machines for that purpose, provided
412that the checks and warrants are countersigned by the treasurer
413for the district.
414     Section 26.  The board may pay from the funds of the
415district all expenses of the organization of the board and all
416expenses necessarily incurred with the formation of the district
417and all other reasonable and necessary expenses, including the
418fees and expenses of an attorney in the transaction of the
419business of the district and in carrying out and accomplishing
420the purposes of this act. This section, however, may not be
421construed to limit or destroy any of the powers vested in the
422board of commissioners by any other section or provision of this
423act.
424     Section 27.  Subject to such provisions and restrictions as
425are set forth in the resolution authorizing or securing any
426bonds issued under this act, the board may enter into contracts
427with the government of the United States or any agency or
428instrumentality thereof, or with the state or any county,
429municipality, district, authority, or political subdivision,
430private corporation, partnership, association, or individual
431providing for or relating to the construction or acquisition of
432additions, extensions, and improvements to the hospital and any
433other matters relevant thereto or otherwise necessary to effect
434the purposes of this act, may receive and accept from any
435federal agency, state agency, or other public body grants or
436loans for or in aid of such purposes and receive and accept aid
437or contributions or loans from any other source of money,
438property, labor, or other things of value, to be held, used, and
439applied only for the purpose for which such grants,
440contributions, or loans may be made.
441     Section 28.  At least once each year the board of
442commissioners shall publish once in some newspaper published in
443the district a complete detailed annual statement of all moneys
444received and disbursed by them since the creation of the
445district as to the first published statement and since the last
446published statement as to any other year. The statements shall
447also show the several sources from which the funds were received
448and shall show the balance on hand at the time of the published
449statement. It shall show a complete statement of the financial
450condition of the district.
451     Section 29.  Each hospital or clinic established under this
452act shall be for the use and benefit of the residents of the
453district. Residents shall be admitted to such hospital or clinic
454and be entitled to hospitalization and treatment, subject,
455however, to the rules adopted by the board of commissioners
456effective as of the date of admission of a patient to the
457hospital or clinic. The hospital or clinic may care for and
458treat without charge patients who are found by the board of
459commissioners to be indigent and who have for 1 year next
460preceding the application for admission been residents of the
461district. The board of commissioners may accept money from any
462welfare funds provided for Highlands County or moneys available
463to the indigent patients from a federal, state, or county agency
464or moneys available to Highlands County from such governmental
465agencies for welfare and hospital purposes, for the payment of
466costs of treatment and care of indigent residents of the
467district. The board may collect from patients financially able
468such charges as the board of commissioners from time to time
469establishes. The board of commissioners may exclude from
470treatment and care any person having a communicable or
471contagious disease when such disease may be a detriment to the
472best interests of the hospital or clinic or a source of
473contagion or infection to the patient in its care, unless the
474hospital has a separate building or ward for the special
475treatment of such patients and can properly and with safety to
476the other patients retain the communicable or contagious case in
477such separate ward or building. The board of commissioners may
478extend the privileges and use of the hospital or clinic to
479nonresidents of the district who pay the rates established by
480the board and upon such terms and conditions as the board may
481from time to time by its rules provide. However, residents of
482the district wherein the hospital or clinic is located have
483first claim to admission. The board may furnish and extend the
484benefits of the hospital and clinic services and treatment to
485the homes of indigent residents of the district. Each municipal
486corporation situated within the district and the law enforcing
487agencies of Highlands County are liable to the board for the
488occupancy, care, medicine, and treatment of prisoners in the
489custody of the municipal corporation or county officers who are
490admitted to any hospital operated by the board.
491     Section 30.  Realizing that factors other than professional
492must enter into the qualification of those who practice medicine
493and surgery, the Board of Commissioners of the Highlands County
494Hospital District may adopt rules and bylaws for the operation
495of the hospital and the hospital staff. The board of
496commissioners may give, grant, or revoke licenses and privileges
497of staff members so that the welfare and health of patients and
498the best interests of the hospital are at all times best served.
499The board of commissioners is further authorized to adopt rules
500for the control of all professional and nonprofessional
501employees of the hospital, which terms shall include nurses on
502general duty or on private duty attending patients and all
503persons in the hospital either as employees or who in any manner
504attend patients. Any patient may employ, at his or her expense,
505his or her own physician, and the physician when employed by the
506patient shall have exclusive charge of the care and treatment of
507the patient, and the nurses therein, as to the patient, shall be
508subject to the direction of the physician, subject always to
509such general rules as are adopted by the Board of Commissioners
510of the Highlands County Hospital District.
511     Section 31.  The board of commissioners may secure and keep
512in force in amounts it may determine, in companies duly
513authorized to do business in Florida, liability insurance
514covering vehicles, premises, and malpractice. However, the board
515of commissioners may purchase such insurance from companies not
516duly authorized to do business in Florida if equivalent
517insurance coverage is not available from companies duly
518authorized to do business in Florida. In consideration of the
519premium at which each policy is written, it shall be a part of
520the policy contract between the board of commissioners and the
521named insured that the company is not entitled to the benefit of
522the defense of governmental immunity for the insured by reason
523of exercising of governmental function on any suit brought
524against the insured. Immunity of the board of commissioners
525against liability damages is waived to the extent of liability
526insurance carried by the board. However, an attempt may not be
527made at the trial of any action against the board to suggest the
528existence of any insurance that covers in whole or in part any
529judgment or award that is rendered in favor of the plaintiff. If
530a verdict rendered by the jury exceeds the limit of the
531applicable insurance, the court shall reduce the amount of the
532judgment or award to a sum equal to the applicable limit set
533forth in the policy.
534     Section 32.  The provisions of this act shall be liberally
535construed for accomplishing the work authorized and provided for
536or intended to be provided for by this act, and when strict
537construction would result in the defeat of the accomplishment of
538any part of the work authorized by this act and a liberal
539construction would permit or assist in the accomplishment
540thereof, the liberal construction shall be chosen.
541     Section 33.  If any provision of this act or its
542application to any person or circumstance is held invalid, the
543invalidity does not affect other provisions or applications of
544the act which can be given effect without the invalid provision
545or application, and to this end the provisions of this act are
546declared severable.
547     Section 34.  (1)  Notwithstanding the foregoing provisions
548of this act and without regard to any limitations and conditions
549contained in any other section of this act:
550     (a)  The board of commissioners may acquire, construct,
551reconstruct, extend, make additions to, enlarge, improve,
552repair, remodel, restore, equip, and furnish hospital and other
553health care facilities now or hereafter located in the district
554and which are or may be owned by or under the supervision,
555operation, and control of the district. For the purposes of this
556section "health care facilities" means any real property or
557interest therein, building, structure, facility, machinery,
558equipment, furnishings, or other property suitable for use by
559the district in connection with its operations or proposed
560operations, including, without limitation, real property
561therefor; a clinic, computer facility, dining hall, firefighting
562facility, fire prevention facility, food service and preparation
563facility, health care facility, long-term care facility,
564hospital, interns' residence, laboratory, laundry, maintenance
565facility, nurses' residence, nursing home, nursing school,
566office, professional office building, parking structure and
567area, pharmacy, recreational facility, research facility,
568storage facility, utility, or X-ray facility, or any combination
569of the foregoing; and other structures or facilities related
570thereto or required or useful for health care purposes, the
571conducting of research, or the operation of a hospital or other
572health care facility, including facilities or structures
573essential or convenient for the orderly conduct of such hospital
574or other health care facility and other similar items necessary
575or convenient for the operation of a particular facility or
576structure in the manner for which its use is intended.
577     (b)1.  The board of commissioners may from time to time
578issue negotiable revenue bonds of the district for the purpose
579of paying or refinancing all or any part of the cost of any
580hospital or other health care facility. In anticipation of the
581sale of such revenue bonds, the district may issue negotiable
582bond anticipation notes and may renew them from time to time,
583but the maximum maturity of any such note, including renewals
584thereof, may not exceed 5 years from the date of issue of the
585original note. Such notes shall be paid from any revenues or
586other funds of the district legally available therefor and not
587otherwise pledged or from the proceeds of sale of the revenue
588bonds of the district in anticipation of which they were issued.
589The notes shall be issued in the same manner as the revenue
590bonds. Such notes and the resolution or resolutions authorizing
591them may contain any provision, condition, or limitation that a
592bond resolution of the board of commissioners may contain.
593     2.  The revenue bonds and notes of every issue shall be
594payable solely out of revenues derived by the district from
595hospital and other health care facilities within the district
596and owned by or under the supervision, operation, and control of
597the district, together with any other funds of the district
598legally available for the purpose. Notwithstanding that revenue
599bonds and notes may be payable from a special fund, they are,
600and shall be deemed to be, for all purposes, negotiable
601instruments, subject only to any provisions of the revenue bonds
602and notes for registration.
603     3.  The revenue bonds may be issued as serial bonds, as
604term bonds, or otherwise, or the board of commissioners, in its
605discretion, may issue bonds of all types. The revenue bonds
606shall be authorized by resolution or resolutions of the board of
607commissioners and shall bear such date or dates; mature at such
608time or times, not exceeding 50 years from their respective
609dates; bear interest at such rate or rates, including variable
610rates, but not exceeding the maximum rate permitted by law at
611the time of issuance; be payable at such time or times; be in
612such denominations; be in such form, either coupon or
613registered, or both; carry such registration privileges and
614conversion or exchange privileges; be executed in such manner;
615be payable in lawful money of the United States at such place or
616places; and be subject to such terms of redemption, including
617redemption prior to maturity, as such resolution or resolutions
618provide. The board of commissioners shall determine the form and
619manner of execution of the bonds, including any interest coupons
620to be attached thereto, and shall fix the denomination or
621denominations of the bonds and the place or places of payment of
622principal and interest, which may be at any bank or trust
623company within or without the state. In case any officer whose
624signature, or a facsimile of whose signature, appears on any
625bonds or coupons ceases to be such officer before the delivery
626of such bonds, such signature or facsimile is nevertheless valid
627and sufficient for all purposes the same as if he or she had
628remained in office until such delivery. The board of
629commissioners may also provide for the authentication of the
630bonds by a trustee or fiscal agent. The revenue bonds or notes
631may be sold in such manner, either at public or private sale,
632and for such price or prices as the board of commissioners
633determines. Pending preparation of the definitive bonds, the
634board of commissioners may issue interim receipts or
635certificates, which shall be exchanged for such definitive
636bonds.
637     4.  In the discretion of the board of commissioners, each
638or any issue of revenue bonds may be secured by a trust
639agreement by and between the district and a corporate trustee,
640which may be any trust company or bank having the powers of a
641trust company within or outside of the state. Such trust
642agreement or resolution providing for the issuance of such bonds
643may pledge or assign all or any part of the revenues and other
644funds of the district legally available for the payment of such
645revenue bonds. The resolution providing for the issuance of such
646bonds or such trust agreement may contain such provisions for
647protecting and enforcing the rights and remedies of the
648bondholders as are reasonable and proper and not in violation of
649law, including covenants setting forth the duties of the
650district in relation to the acquisition, construction,
651improvement, maintenance, operation, repair, equipping, and
652insurance of the facilities, the fees and other charges to be
653fixed and collected for the use of any facility or part thereof,
654the sale of any facility or part thereof or other property, the
655terms and conditions for the issuance of additional bonds, and
656the custody, safeguarding, and application of all moneys. It is
657lawful or any bank or trust company incorporated under the laws
658of the state which may act as such depository to furnish such
659indemnifying bonds or to pledge such securities as are required
660by the board of commissioners. Such resolution or such trust
661agreement may set forth the rights and remedies of the
662bondholders and the trustee and may restrict the individual
663right of action by the bondholders. In addition to the
664foregoing, such resolution or such trust agreement may contain
665such other provisions as the board of commissioners deems
666reasonable and proper for the security of the bondholders. All
667expenses incurred in carrying out such trust agreement or
668resolution may be treated as a part of the cost of the facility
669in connection with which such bonds are issued or as part of the
670expense of operation or such facility, as the case may be. The
671resolution or trust agreement providing for the issuance of the
672revenue bonds may also contain such limitations upon the
673issuance of additional revenue bonds as the board of
674commissioners deems proper, and such additional bonds shall be
675issued under such restrictions or limitations prescribed by such
676resolution or trust agreement.
677     (c)  Revenue bonds issued under this section shall not be
678deemed to constitute a debt, liability, or obligation of the
679district, Highlands County, or the state or any political
680subdivision thereof or a pledge of the faith and credit or the
681taxing power of the district, Highlands County, or the state or
682any political subdivision thereof, but they shall be payable
683solely from the revenues and funds provided therefor. All such
684revenue bonds shall contain on the face thereof a statement to
685the effect that the district is not obligated to pay the same or
686the interest thereon except from the revenues and other funds of
687the district provided for such payment, and that neither the
688faith and credit nor the taxing power of the district, Highlands
689County, or the state or any political subdivision thereof is
690pledged to the payment of the principal or the interest on such
691bonds. The issuance of revenue bonds under this section shall
692not directly, indirectly, or contingently obligate the district,
693Highlands County, or the state or any political subdivision
694thereof to levy or to pledge any form of taxation whatever
695therefore or to make any appropriation for their payment.
696     (d)  All bonds issued under this section have, and are
697declared to have, all the qualities and incidents, including
698negotiability, of investment securities under the Uniform
699Commercial Code, but no provision of such code respecting the
700filing of a financing statement to perfect a security interest
701shall be deemed necessary for or applicable to any security
702interest created in connection with the issuance of any such
703bonds.
704     (e)  The exercise of the powers granted by this section
705will be in all respects for the benefit of the people of this
706state, for the increase of their commerce, welfare, and
707prosperity, and for the improvement of their health and living
708conditions, and because the operation and maintenance of
709hospital and other health care facilities by the district will
710constitute the performance of an essential public and
711governmental purpose, any bonds issued under the provisions of
712this section, together with interest thereon, their transfer,
713and the income therefrom, including any profit made on the sale
714thereof, shall at all times be free from taxation of every kind
715by the state, Highlands County, and municipalities and other
716political subdivisions in the state, except those taxes imposed
717by chapter 220, Florida Statutes, on interest, income, or
718profits on debt obligations owned by corporations.
719     (f)  The board of commissioners may provide for the
720issuance of revenue bonds of the district for the purpose of
721refunding any of its revenue bonds then outstanding, including
722the payment of any redemption premium thereon and any interest
723accrued or to accrue to the earliest or subsequent date of
724redemption, purchase, or maturity of such revenue bonds. The
725proceeds of any such revenue bonds issued for the purpose of
726refunding outstanding revenue bonds may, in the discretion of
727the board of commissioners, be applied to the purchase or
728retirement at maturity or redemption of such outstanding revenue
729bonds either on their earliest or any subsequent redemption
730date, or upon the purchase or at the maturity thereof; may,
731pending such application, be placed in escrow to be applied to
732such purchase or retirement at maturity or redemption on such
733date as may be determined by the board of commissioners; and,
734pending such application to purchase, retirement, or redemption,
735may be invested and reinvested in securities selected by or in
736such manner as the board of commissioners provides.
737     (g)  Bonds issued by the board of commissioners under this
738section are made securities in which all public officers and
739public bodies of the state and its political subdivisions and
740all banks, trust companies, bankers, banking associations,
741savings banks and institutions, building and loan associations,
742savings and loan associations, investment companies, and other
743persons carrying on a banking or investment business; all
744insurance companies, insurance associations, and other persons
745carrying on an insurance business; and all executors,
746administrators, curators, trustees, and other fiduciaries may
747properly and legally invest funds, including capital in their
748control or belonging to them. Such bonds are made securities
749that may properly and legally be deposited with and received by
750any state or municipal officer or any agency or political
751subdivision of the state for any purpose for which the deposit
752or bonds or obligations of the state is now or may hereafter be
753authorized by law.
754     (h)  An election in the district is not required as a
755condition precedent to the exercise by the board of
756commissioners of any of the powers conferred by this section
757unless such election is required by the State Constitution.
758     (i)  Revenue bonds may be issued under this section without
759obtaining, except as otherwise expressly provided in this
760section, the consent of any department, division, commission,
761board, body, bureau, or agency of the state or any political
762subdivision thereof and without any other proceedings or the
763happening of any conditions or things other than those
764proceedings, conditions, or things that are specifically
765required by this section and the provisions of the resolution or
766resolutions authorizing the issuance of such bonds or the trust
767agreement securing them.
768     (2)  This section shall be deemed to provide an additional
769and alternative method for the doing of the things authorized in
770this section and shall be regarded as supplemental and
771additional to powers conferred by other laws. This section,
772being necessary for the health and welfare of the inhabitants of
773Highlands County and the state, shall be liberally construed to
774effect the purposes thereof.
775     Section 35.  In order that citizens and residents of the
776district may receive quality health care, the board of
777commissioners may enter into contract with corporations, either
778for profit or not for profit, duly authorized to do business in
779the state for the purpose of operating and managing such
780hospital and any or all of its facilities of whatsoever kind and
781nature and enter into leases with such corporations for the
782operating of such facilities. The term of any such lease,
783contract, or agreement and the conditions, covenants, and
784agreements to be contained therein shall be determined by the
785board of commissioners.
786     Section 36.  The Board of Commissioners of the Highlands
787County Hospital District may transfer by gift or loan to the
788Highlands County Commission any surplus assets or funds from
789whatever source derived; however, they must be used exclusively
790for health services in Highlands County. Further, such assets or
791funds constitute surplus funds as determined by the Board of
792Commissioners of the Highlands County Hospital District.
793     Section 4.  Chapters 61-2232, 72-553, 74-487, 78-519, 80-
794506, 81-384, 84-437, 85-420, 88-456, and 96-443, Laws of
795Florida, are repealed.
796     Section 5.  This act shall take effect upon becoming a law.


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