1 | A bill to be entitled |
2 | An act relating to the South Broward Hospital District, |
3 | Broward County; providing for codification of special laws |
4 | regarding special districts pursuant to section 189.429, |
5 | Florida Statutes, relating to South Broward Hospital |
6 | District, a special tax district in Broward County; |
7 | providing legislative intent; codifying, repealing, |
8 | amending, and reenacting chapters 24415 (1947), 59-1125, |
9 | 59-1126, 59-1128, 61-1925, 61-1932, 61-1935, 63-1180, 65- |
10 | 1296, 65-1339, 67-1164, 69-910, 70-618, 71-566, 71-577, |
11 | 72-494, 74-436, 74-450, 75-346, 75-349, 76-337, 76-339, |
12 | 79-431, 80-459, 80-466, 80-467, 80-469, 81-351, 82-269, |
13 | 83-378, 84-400, 90-488, and 99-423, Laws of Florida; |
14 | providing district boundaries; providing for a board of |
15 | commissioners; providing powers, functions, and duties of |
16 | the district and its board of commissioners; providing a |
17 | district charter; providing for ratification of prior |
18 | acts; providing for liberal construction; providing a |
19 | saving clause in the event any provision of the act is |
20 | deemed invalid; providing an effective date. |
21 |
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22 | Be It Enacted by the Legislature of the State of Florida: |
23 |
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24 | Section 1. Pursuant to section 189.429, Florida Statutes, |
25 | this act constitutes the codification of all special acts |
26 | relating to the South Broward Hospital District. It is the |
27 | intent of the Legislature in enacting this law to provide a |
28 | single, comprehensive special act charter for the district, |
29 | including all current legislative authority granted to the |
30 | district by its several legislative enactments and any |
31 | additional authority granted by this act. It is further the |
32 | intent to preserve all district authority, including the |
33 | authority to annually assess and levy ad valorem taxes against |
34 | all assessable property in the district. |
35 | Section 2. Chapters 24415 (1947), 59-1125, 59-1126, 59- |
36 | 1128, 61-1925, 61-1932, 61-1935, 63-1180, 65-1296, 65-1339, 67- |
37 | 1164, 69-910, 70-618, 71-566, 71-577, 72-494, 74-436, 74-450, |
38 | 75-346, 75-349, 76-337, 76-339, 79-431, 80-459, 80-466, 80-467, |
39 | 80-469, 81-351, 82-269, 83-378, 84-400, 90-488, and 99-423, Laws |
40 | of Florida, relating to the South Broward Hospital District, are |
41 | codified, reenacted, amended, and repealed as herein provided. |
42 | Section 3. The South Broward Hospital District is re- |
43 | created, and the charter for the district is re-created and |
44 | reenacted to read: |
45 | Section 1. A special tax district is hereby created and |
46 | incorporated, to be known as ?South Broward Hospital District? |
47 | in Broward County, which said district shall embrace and include |
48 | the following described property in Broward County, to-wit: |
49 |
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50 | Begin at a point where the North boundary line of |
51 | Section 25, Township 50 South, Range 42 east |
52 | intersects the line of mean low tide of the Atlantic |
53 | Ocean; thence run westerly along the North boundary |
54 | line of Sections 25, 26, 27, 28, 29 and 30 in Township |
55 | 50 South, Range 42 East, and continue westerly along |
56 | the North boundary line of Sections 25, 26, 27, 28, 29 |
57 | and 30 in Township 50 South, Range 41 East, to the |
58 | westerly boundary of Range 41 East, thence continue in |
59 | a southerly direction along the westerly boundary line |
60 | of said Section 30 to a point of intersection with the |
61 | North boundary line of Section 25, Township 50 South, |
62 | Range 40 East, extended easterly; thence westerly |
63 | along the North boundary line of said Section 25 to |
64 | the Northwest corner of said Section 25, Township 50 |
65 | South, Range 40 East; thence in a southerly direction |
66 | along the West boundary line of Sections 25 and 36 of |
67 | Township 50 South, Range 40 East, and continue |
68 | southerly along the West boundary lines of Sections 1, |
69 | 12, 13, 24, 25 and 36, Township 51 South, Range 40 |
70 | East, to the southwest corner of said Section 36; |
71 | thence easterly along the South boundary line of said |
72 | Section 36 to the southeast corner thereof; thence run |
73 | northerly along the East line of Section 36, Township |
74 | 51 South, Range 40 East to a point where the south |
75 | boundary line of Section 30, Township 51 South, Range |
76 | 41 East, intersects the east boundary line of said |
77 | Section 36, Township 51 South, Range 40 East; thence |
78 | run easterly along the south boundary line of Sections |
79 | 30, 29, 28, 27, 26 and 25 in Township 51 South, Range |
80 | 41 East, and continue easterly along the south |
81 | boundary line of Sections 30, 29, 28, 27, 26 and 25 in |
82 | Township 51 South, Range 42 East, to a point where the |
83 | south boundary line of said Section 25, Township 51 |
84 | South, Range 42 East; intersects the mean low tide of |
85 | the Atlantic Ocean; thence run northerly along said |
86 | mean low tide line of Atlantic Ocean to the point of |
87 | beginning expressly excepting from the foregoing |
88 | description all lands lying and being with the |
89 | corporate limits of the City of Fort Lauderdale, |
90 | Broward County, Florida, as the said limits exist on |
91 | the date of passage of this Act. |
92 |
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93 | Section 2. The following described property in Broward |
94 | County is hereby annexed to the South Broward Hospital District, |
95 | and the district shall include said property, to wit: |
96 |
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97 | Begin at the Northwest corner of Section 25, Township |
98 | 50 South, Range 40 East; thence run Westerly along the |
99 | North boundary line of Sections 26 to 30, inclusive, |
100 | of Township 50 South, Range 40 East, and continue |
101 | Westerly along the North boundary line of Sections 25 |
102 | to 30, inclusive, of Township 50 South, Range 39 East, |
103 | and continue Westerly along the North boundary line of |
104 | Sections 25 to 30, inclusive, of Township 50 South, |
105 | Range 38 East, and continue Westerly along the North |
106 | boundary line of Sections 25 to 30, inclusive, of |
107 | Township 50 South, Range 37 East, to the East boundary |
108 | line of Section 25, Township 50 South, Range 36 East; |
109 | thence run Northerly along said East boundary line of |
110 | said Section 25 to the Northeast corner of said |
111 | Section 25, Township 50 South, Range 36 East; thence |
112 | continue Westerly along the North boundary line of |
113 | Sections 25 to 30, inclusive, of Township 50 South, |
114 | Range 36 East, and continue Westerly along the North |
115 | boundary line of Sections 25 to 30, inclusive of |
116 | Township 50 South, Range 35 East, to the Western |
117 | boundary line of Broward County, Florida; thence run |
118 | Southerly along the said west boundary line of Broward |
119 | County, Florida to the Southwest corner of Broward |
120 | County, Florida; thence run Easterly along the South |
121 | boundary line of Broward County, Florida to the |
122 | Southwest corner of Section 36, Township 51 South, |
123 | Range 40 East; thence run North along the West |
124 | boundary line of Sections 36, 25, 24, 13, 12, and 1 of |
125 | Township 51 South, Range 40 East; continue Northerly |
126 | along the west boundary line of Sections 36 and 25 of |
127 | Township 50 South Range 40 East to the Northwest |
128 | corner of said Section 25, Township 50 South, Range 40 |
129 | East, which is the point of the beginning. |
130 |
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131 | Section 3. That said South Broward Hospital District shall |
132 | be composed of the following subdistricts: |
133 |
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134 | (1) Sub-district No. 1 shall include the following |
135 | described property: |
136 |
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137 | Beginning at the point where the north boundary line |
138 | of Section 25, Township 50 South, Range 42 East, |
139 | Broward County, Florida, intersects the mean low water |
140 | line of the Atlantic Ocean, run Westerly along the |
141 | north line of Sections 25, 26, 27, 28, 29 and 30 in |
142 | Township 50 South, Range 42 East, and continue |
143 | Westerly along the north line of Sections 25, 26 and |
144 | 27 in Township 50 South, Range 41 East to the |
145 | northwest corner of said Section 27; thence, Southerly |
146 | along the west line of Sections 27 and 34 in Township |
147 | 50 South, Range 41 East, and continue Southerly along |
148 | the west line of Section 3, Township 51 South, Range |
149 | 42 East, to the southwest corner of said Section 3, |
150 | thence, Easterly along the south line of Sections 3, 2 |
151 | and 1, Township 51 South, Range 41 East, and continue |
152 | Easterly along the south line of Sections 6, 5, 4, 3, |
153 | 2 and 1 in Township 51 South, Range 42 East, to the |
154 | point of intersection with the mean low water line of |
155 | the Atlantic Ocean; thence, Northerly along said mean |
156 | low water line of the Atlantic Ocean to the point of |
157 | beginning; expressly excepting from the foregoing |
158 | description all lands, if any, lying and beginning |
159 | within the corporate limits of the City of Fort |
160 | Lauderdale, Broward County, Florida, as the said |
161 | limits exist on the date of passage of this act. |
162 |
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163 | (2) Subdistrict No. 2 shall include the following |
164 | described property: |
165 |
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166 | Beginning at the point where the south boundary line |
167 | of Section 1, Township 51 South, Range 42 East, |
168 | Broward County, Florida, intersects the mean low water |
169 | line of the Atlantic Ocean, run Westerly along the |
170 | south line of Sections 1, 2, 3, 4, 5 and 6 in Township |
171 | 51 South, Range 42 East, and continue Westerly along |
172 | the south line of Sections 1, 2 and 3 in Township 51 |
173 | South, Range 41 East, to the southwest corner of said |
174 | Section 3; thence, Southerly along the west line of |
175 | Sections 10, 15 and 22 in Township 51 South, Range 41 |
176 | East, to the Quarter Corner on the west boundary of |
177 | said Section 22; thence, Easterly along the Quarter |
178 | Section line through Sections 22, 23 and 24 in |
179 | Township 51 South, Range 41 East, and continue |
180 | Easterly along the Quarter Section line through |
181 | Sections 19, 20, 21, 22, 23 and 24 in Township 51 |
182 | South, Range 42 East, to the point of intersection |
183 | with the mean low water line of the Atlantic Ocean; |
184 | thence, Northerly along said mean low water line of |
185 | the Atlantic Ocean to the point of beginning. |
186 |
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187 | (3) Subdistrict No. 3 shall include the following |
188 | described property: |
189 |
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190 | Beginning at the point where the East-West Quarter |
191 | Section line of Section 24, Township 51 South, Range |
192 | 42 East, Broward County, Florida, intersects the mean |
193 | low water line of the Atlantic Ocean, run westerly |
194 | along the Quarter Section line through Sections 24, |
195 | 23, 22, 21, 20 and 19, Township 51 South, Range 42 |
196 | East, and continue Westerly along the Quarter Section |
197 | line, Range 41 East, to the west boundary of said |
198 | Section 22; thence, Southerly along the west line of |
199 | Sections 22 and 27 in Township 51 South, Range 41 |
200 | East, to the southwest corner of said Sections 27, 26 |
201 | and 25 in Township 51 South, Range 41 East, and |
202 | continue Easterly along the south line of Sections 30, |
203 | 29, 28, 27 and 26 in Township 51 South, Range 42 East, |
204 | to the point of intersection with the mean low water |
205 | line of the Atlantic Ocean to the point of beginning. |
206 |
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207 | (4) Subdistrict No. 4 shall include the following |
208 | described property: |
209 |
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210 | Beginning at the northeast corner of Section 28, |
211 | Township 50 South, Range 41 East, Broward County, |
212 | Florida, run Westerly along the north line of Sections |
213 | 28, 29 and 30 in Township 50 South, Range 41, East, to |
214 | the west line of Range 41 East, thence, Southerly |
215 | along the west line of said Section 30 to a point of |
216 | intersection with the north line of Section 25, |
217 | Township 50 South, Range 40 East, extended easterly; |
218 | thence, Westerly along the north line of Sections 25, |
219 | 26, 27, 28, 29 and 30 in Township 50 South, Range 40 |
220 | East and continue Westerly along the north line of |
221 | Sections 25, 26, 27, 28, 29 and 30 in Township 50 |
222 | South, Range 39 East, and continue Westerly along the |
223 | north line of Sections 25, 26, 27, 28, 29 and 30, |
224 | Township 50 South, Range 37 East, to the east line of |
225 | Section 25, Township 50 South, Range 36 East; thence |
226 | Northerly along the east line of said Section 25 to |
227 | the northeast corner of said Section 25; thence |
228 | Westerly along the north line of Sections 25, 26, 27, |
229 | 28, 29 and 30, Township 50 South, Range 36 East, and |
230 | continue Westerly along the north line of Sections 25, |
231 | 26, 27, 28, 29 and 30, Township 50 South, Range 35 |
232 | East, to the west line of Range 35 East, being the |
233 | western limits of Broward County; thence Southerly |
234 | along the west line of Range 35 to the southwest |
235 | corner of Section 18, Township 51 South, Range 35 |
236 | East; thence, Easterly along the south line of |
237 | Sections 18, 17, 16, 15, 14 and 13, Township 51 South, |
238 | Range 36 East to the east line of said Range 36 East; |
239 | thence Southerly along said east line of Range 36 East |
240 | to the Southwest corner of Section 7, Township 51 |
241 | South Range 37 East; thence, Easterly along the south |
242 | line of Sections 7, 8, 9, 10, 11 and 12, Township 51 |
243 | South, Range 37 East, and continue Easterly along the |
244 | south line of Sections 7, 8, 9, 10, 11 and 12, |
245 | Township 51 South, Range 38 East, and continue |
246 | Westerly along the south line of Sections 7, 8, 9, 10, |
247 | 11 and 12, Township 51 South, Range 39 East, and |
248 | continue Easterly along the south line of Sections 7, |
249 | 8, 9, 10, 11 and 12, Township 51 South, Range 40 East, |
250 | and continue Easterly along the south line of Sections |
251 | 7, 8, and 9, Township 51 South, Range 41 East to the |
252 | southeast corner of said Section 9; thence Northerly |
253 | along the east line of Sections 9 and 4, Township 51 |
254 | South, Range 41 East, and continue Northerly along the |
255 | east line of Sections 33 and 28, Township 50 South, |
256 | Range 41 East, to the point of beginning. |
257 |
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258 | (5) Subdistrict No. 5 shall include the following |
259 | described property: |
260 |
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261 | Beginning at the northeast corner of Section 16, |
262 | Township 51 South, Range 41 East, Broward County, |
263 | Florida, run Westerly along the north line of Sections |
264 | 16, 17 and 18, Township 51 South, Range 41 East, and |
265 | continue Westerly along the north line of Sections 13, |
266 | 14, 15, 16, 17 and 18, Township 51 South, Range 40 |
267 | East, and continue Westerly along the north line of |
268 | Sections 13, 14, 15, 16, 17 and 18, Township 51 South, |
269 | Range 39 East, and continue Westerly along the north |
270 | line of Sections 13, 14, 15, 16, 17 and 18, Township |
271 | 51 South, Range 37 East, to the east line of Range 36 |
272 | East to the northeast corner of Section 24, Township |
273 | 51 South, Range 36 East; thence, Westerly along the |
274 | north line of Sections 24, 23, 22, 21, 20 and 19, |
275 | Township 51 South, Range 36 East, and continue |
276 | Westerly along the north line of Sections 24, 23, 22, |
277 | 21, 20 and 19, Township 51 South, Range 35 East, to |
278 | the west line of Range 35 East, being the western |
279 | limits of Broward County; thence, Southerly along the |
280 | west line of Range 35 to the south line of Township 51 |
281 | South; thence Easterly along the south line of said |
282 | Township 51 to the west line of Range 37 East; thence, |
283 | Southerly along the west line of Range 37 to the |
284 | southwest corner of Section 31, Township 51 South, |
285 | Range 37 East; thence Easterly along the south line of |
286 | Township 51 to the east line of Range 40 East; thence |
287 | northerly along the east line of said Range 40 to the |
288 | southwest corner of Section 30, Township 51 South, |
289 | Range 41 East; thence, Easterly along the south line |
290 | of Sections 30, 29 and 28 to the southeast corner of |
291 | said Section 28; thence, Northerly along the east line |
292 | of Section 28, 21 and 16 to the point of beginning. |
293 |
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294 | (6) Subdistrict Nos. 6 and 7 shall both include all |
295 | of the area within subdistrict Nos. 1, 2, 3, 4 and 5. |
296 |
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297 | Section 4. The governing body of the South Broward |
298 | Hospital District shall consist of seven commissioners who shall |
299 | serve without compensation. All commissioners shall be qualified |
300 | electors residing in Broward County for more than 1 year and in |
301 | said subdistricts for more than 90 days prior to the |
302 | appointment; one of whom shall reside in subdistrict No. 1, one |
303 | of whom shall reside in subdistrict No. 2, one of whom shall |
304 | reside in subdistrict No. 3, one of whom shall reside in |
305 | subdistrict No. 4, one of whom shall reside in subdistrict No. |
306 | 5, and two of whom shall reside in subdistricts 6 and 7, and |
307 | they shall be known and designated as the ?Board of |
308 | Commissioners of the South Broward Hospital District.? It is not |
309 | a requirement for office that any commissioner be a freeholder. |
310 | Commissioners shall be appointed for staggered terms of 4 years |
311 | each and shall serve until their successors are appointed. The |
312 | Governor shall have the power to remove any member of said board |
313 | of commissioners for cause, and shall fill any vacancies that |
314 | may at any time occur therein. Each member shall give bond to |
315 | the Governor for the faithful performance of his or her duties |
316 | in the sum of $5,000 with a surety company qualified to do |
317 | business in the state, as surety, which bond shall be approved |
318 | and kept by the Clerk of the Circuit Court of Broward County. |
319 | The premiums on said bond shall be paid as part of the expenses |
320 | of said district. The respective terms of the commissioners in |
321 | office at the time this law shall take effect shall continue for |
322 | their term of office and shall thereafter continue until their |
323 | successors are appointed and qualified as herein provided. |
324 | Section 5. (1) The Board of Commissioners of the South |
325 | Broward Hospital District shall have all of the following |
326 | governmental, corporate, and proprietary powers: |
327 | (a) To enable the board of commissioners to provide any |
328 | and all types of health care facilities, equipment, and services |
329 | and any and all types of facilities, equipment, and services |
330 | related or incidental thereto, directly or indirectly, whether |
331 | alone, or in conjunction with other public or private persons, |
332 | not for profit or for profit. |
333 | (b) To sponsor, with any form of assistance not expressly |
334 | prohibited by the State Constitution, the formation, |
335 | organization, capitalization, and operation of public or private |
336 | persons, not for profit or for profit, providing or intending to |
337 | provide any types of health facilities, equipment, and services |
338 | or any facilities, equipment, or services related or incidental |
339 | thereto, and to provide, from assets and resources then owned by |
340 | the district, or assets and resources specifically acquired for |
341 | the purpose, goods and services to such persons by sale, lease, |
342 | contract, grant, gift, or otherwise upon such terms and |
343 | conditions as the board of commissioners may determine in its |
344 | sole discretion are in the public interest. |
345 | (c) To restructure and reorganize all or part of the |
346 | assets, liabilities, and operations of the district into such |
347 | public or private persons, not for profit or for profit, as the |
348 | board of commissioners may in its sole discretion determine are |
349 | in the public interest and are not expressly prohibited by the |
350 | State Constitution, whether for the purpose of having such |
351 | persons conduct operations previously conducted by the district |
352 | or having such persons conduct operations which the district has |
353 | the power to conduct directly but has not undertaken directly. |
354 | (d) Without limiting the generality of the foregoing, to |
355 | exercise all of the powers of a corporation organized pursuant |
356 | to chapter 607, Florida Statutes. |
357 | (e) To establish and maintain, or to sponsor the |
358 | establishment and maintenance, directly or indirectly, alone or |
359 | in conjunction with other public or private persons, not for |
360 | profit or for profit, with any form of assistance from the |
361 | district not expressly prohibited by the State Constitution, |
362 | health maintenance organizations or services, preferred provider |
363 | organizations or services, programs for cost containment, health |
364 | insurance, or indemnity benefit systems, service benefit |
365 | systems, and any other organization or system that provides, or |
366 | arranges for the provision of, health care services or otherwise |
367 | pays for, or protects residents and nonresidents of the district |
368 | against, the costs of health care services. |
369 | (f) To sue and be sued under the name of South Broward |
370 | Hospital District. |
371 | (g) To contract and be contracted with. |
372 | (h) To adopt and use a common seal and to alter the same |
373 | at pleasure. |
374 | (i) To acquire, purchase, hold, lease, and convey such |
375 | real and personal property as the board deems proper or |
376 | expedient. |
377 | (j) To appoint and employ a superintendent or |
378 | administrator and such other agents and employees as the board |
379 | deems advisable. |
380 | (k) To borrow money and to issue the notes, bonds, and |
381 | other evidences of indebtedness of the district therefore to |
382 | carry out the provisions of this act in the manner hereinafter |
383 | provided. |
384 | (2) The provisions of this act shall be so construed as to |
385 | secure and extend to the board of commissioners all powers, |
386 | whether governmental, corporate, or proprietary, not expressly |
387 | prohibited by the State Constitution and to remove any |
388 | limitations judicially imposed or otherwise. No person whom the |
389 | district sponsors, or with whom the district contracts, or to |
390 | whom the district sponsors, or with personal property, goods, or |
391 | services, by contract, lease, sales, grant, gift, or otherwise, |
392 | shall be deemed an agency of the district. It is hereby found |
393 | and declared to be a public purpose and necessity for the |
394 | preservation of the public health and for public use and for the |
395 | welfare of the district and the residents thereof that the board |
396 | of commissioners of the district have the broadest possible |
397 | power to provide and structure health facilities and services, |
398 | and facilities and services incidental or related thereto, in |
399 | order to meet all types of health needs, and pursuant thereto to |
400 | have the broadest flexibility to involve public and private |
401 | persons, for profit and not for profit, in the establishment, |
402 | maintenance, and operation of such facilities and services so as |
403 | to provide the board of commissioners with the greatest |
404 | flexibility permitted by the State Constitution to establish, |
405 | maintain, and operate, alone or in conjunction with other public |
406 | or private persons, not for profit and for profit, such health |
407 | facilities and services, and facilities and services related or |
408 | incidental thereto, which in the sole judgment of the board of |
409 | commissioners are responsive to the health needs of the district |
410 | and are in the public interest. |
411 | Section 6. Four of said commissioners shall constitute a |
412 | quorum, and a vote of at least three of the commissioners shall |
413 | be necessary to the transaction of any business of the district. |
414 | The commissioners shall cause true and accurate minutes and |
415 | records to be kept of all business transacted by them, and shall |
416 | keep full, true, and complete books of account and minutes, |
417 | which minutes, records, and books of account shall at all |
418 | reasonable times be open and subject to the inspection of |
419 | inhabitants of the district; and any person desiring to do so |
420 | may make or procure a copy of the minutes, records, or books of |
421 | account, or such portions thereof as he may desire. |
422 | Section 7. The South Broward Hospital District is |
423 | authorized and empowered to create an employees? pension fund so |
424 | as to provide for life and/or disability and/or medical |
425 | insurance for all or any of its employees or officers on a group |
426 | insurance or other acceptable plan approved by said Board of |
427 | Commissioners of South Broward Hospital District, and to |
428 | establish and create by resolution an employees? pension, |
429 | annuity, and/or retirement plan for any and all groups of |
430 | officers and employees employed by the South Broward Hospital |
431 | District and qualifying for such plan, and to pay all or such |
432 | portion of the cost of any such employees? pension, annuity, |
433 | and/or retirement plan from funds available to the district from |
434 | its authorized sources with employees defraying the balance |
435 | thereof, if any, as said board of commissioners by resolution |
436 | may determine for any and all groups of officers and employees |
437 | employed by said South Broward Hospital District. |
438 | Section 8. Without in any way limiting the powers set |
439 | forth in section 5, the board of commissioners is hereby |
440 | authorized and empowered to establish, construct, operate, and |
441 | maintain such hospital or hospitals and other health facilities |
442 | as in their opinion are necessary for the use of the people of |
443 | the district, and to establish, construct, operate, and maintain |
444 | such facilities for the care of such persons requiring limited |
445 | medical care or treatment as in their opinion is necessary for |
446 | the people of the district. The hospital or hospitals, other |
447 | health facilities, and facilities for limited care and treatment |
448 | shall be established, constructed, operated, and maintained by |
449 | the board of commissioners for the preservation of the public |
450 | health, for the public good, and for the use of the public of |
451 | the district; and maintenance of the hospital or hospitals, |
452 | other health facilities, and facilities for limited care and |
453 | treatment within the district is hereby found and declared to be |
454 | a public purpose and necessary for the preservation of the |
455 | public health, for public use, and for the welfare of the |
456 | district and inhabitants thereof. The location and legal form |
457 | and structure of such hospital or hospitals, other health |
458 | facilities, and facilities for limited care and treatment shall |
459 | be determined by the board. |
460 | Section 9. (1) The board of commissioners is hereby |
461 | authorized and empowered at any time in their discretion to |
462 | establish and maintain, in connection with such hospital, and as |
463 | a part thereof, or in connection with any other educational or |
464 | vocational institution in the state, a school or training |
465 | program for nurses, paramedics, medical technicians, and other |
466 | technical employees in the hospital, medical, or related field. |
467 | Said board of commissioners are authorized and empowered to set |
468 | up all rules and regulations necessary for the operation of such |
469 | training program whether it be in a school, hospital, or within |
470 | departments of the hospital, and they are further authorized to |
471 | make all necessary expenditures in connection therewith, |
472 | including payments and other assistance to other educational or |
473 | vocational institutions in the state having such a curriculum or |
474 | training program. |
475 | (2) In the event the schools are established within the |
476 | hospital, the hospital may, upon completion of the prescribed |
477 | course of training, give to such nurses, paramedics, medical, or |
478 | related fields, who have satisfactorily completed the said |
479 | course, a diploma or certificate of training. Similarly, the |
480 | board is empowered to setup such cooperative doctors? residence |
481 | programs with any institution of higher learning in the state. |
482 | Section 10. The board shall have the power of eminent |
483 | domain, and may thereby condemn and acquire any real or personal |
484 | property within the territorial limits of this district, which |
485 | the board may deem necessary for the use of said district. Such |
486 | power of condemnation shall be exercised in the same manner as |
487 | is now provided by the general law for the exercise of the power |
488 | of eminent domain by cities and towns of the state. |
489 | Section 11. (1) The term ?anticipation time warrants? |
490 | means bond anticipation notes, grant anticipation notes, revenue |
491 | anticipation notes, and tax anticipation notes; such |
492 | anticipation time warrants may be issued in the form of |
493 | commercial paper. |
494 | (2) The district is hereby authorized and empowered, in |
495 | order to provide facilities, including real and personal |
496 | property, and to carry out, exercise, and perform its powers and |
497 | duties, and for any other lawful purpose, to borrow money from |
498 | time to time, as the board determines is in the best interest of |
499 | the district, and to issue and sell the anticipation time |
500 | warrants of the district, and to refund the same by issuing the |
501 | refunding anticipation time warrants of the district, all upon |
502 | such terms, having such maturities, form, and terms, and bearing |
503 | such rate or rates of interest, including variable rates, as may |
504 | be determined by the board or, if issued in the form of |
505 | commercial paper, as may be determined by the chair, vice chair, |
506 | or the secretary-treasurer within guidelines and limits |
507 | determined by the board, as hereinafter provided in this |
508 | section. |
509 | (3) The district is authorized to borrow money and to |
510 | issue bond anticipation notes in anticipation of the issuance of |
511 | bonds under section 12 and in anticipation of the issuance of |
512 | revenue certificates under section 13, all as provided in |
513 | section 215.431, Florida Statutes, as the said section may from |
514 | time to time hereafter be amended, to expend the proceeds |
515 | thereof for the purposes for which such bonds or revenue |
516 | certificates are to be issued and to pledge, by resolution or |
517 | contract, the proceeds to be derived from the sale of such bonds |
518 | or revenue certificates and other legally available funds of the |
519 | district for the payment of the principal thereof, premium, if |
520 | any, and interest thereon. |
521 | (4) The district is hereby authorized to borrow money and |
522 | to issue grant anticipation notes having a maturity of not more |
523 | than 5 years in anticipation of the receipt of any federal, |
524 | state, private, or other grant, to expend the proceeds thereof |
525 | for the purposes for which such grant has been made, and to |
526 | pledge, by resolution or contract, the moneys to be received |
527 | from such grant and other legally available funds of the |
528 | district for the payment of the principal thereof, premium, if |
529 | any, and interest thereon. |
530 | (5) The district is hereby authorized to borrow money and |
531 | to issue revenue anticipation notes having a maturity of not |
532 | more than 5 years in anticipation of the receipt of revenues, |
533 | other than ad valorem tax revenues, to expend the proceeds |
534 | thereof for the purposes set forth in section 16 or for any |
535 | other lawful purpose, and to pledge, by resolution or contract, |
536 | revenues of the district, other than ad valorem tax revenues, |
537 | for the payment of the principal thereof, premium, if any, and |
538 | interest thereon. |
539 | (6) The district is hereby authorized to borrow money and |
540 | to issue tax anticipation notes having a maturity of not more |
541 | than 5 years and to levy and appropriate and to pledge, by |
542 | resolution or contract, ad valorem taxes and other legally |
543 | available funds of the district in payment of the principal |
544 | thereof, premium, if any, and interest thereon, provided, |
545 | however, that no tax anticipation notes having a maturity of |
546 | more than 12 months shall be issued unless first approved by an |
547 | election as required by section 12, Article VII of the State |
548 | Constitution. |
549 | (7) The district is hereby authorized to issue the notes |
550 | described in subsections (3), (4), (5), and (6) in the form of |
551 | commercial paper and, if issued in such form, the resolution |
552 | authorizing the issuance thereof may provide for the renewal, |
553 | refunding, or rollover thereof from time to time so long as no |
554 | such renewal, refunding, or rollover note shall mature more than |
555 | 5 years after the date of issue of the first such note issued |
556 | pursuant to such resolution; provided, however, that in the case |
557 | of tax anticipation notes issued without an election pursuant to |
558 | subsection (6), no such renewal, refunding, or rollover note |
559 | shall have a final maturity of more than 12 months from date of |
560 | issue of the first such tax anticipation note issued pursuant to |
561 | such resolution. The resolution authorizing the issuance of such |
562 | notes in the form of commercial paper may set forth guidelines |
563 | and limits pertaining to the maximum aggregate principal amount |
564 | of such notes which may be outstanding at any one time, the |
565 | longest maturity any such note may bear, the form of such notes, |
566 | the terms (including redemption provisions, the maximum |
567 | redemption premium which may be permitted, schedules for the |
568 | amortization of principal and interest which may be permitted, |
569 | and such other provisions as the board may determine), and the |
570 | maximum rate of interest any such obligations may bear (which |
571 | may be specified to be the maximum rate permitted by the laws of |
572 | the state on the date such notes or renewal, refunding, or |
573 | rollover notes are issued) and may authorize the chair, the vice |
574 | chair, or the secretary-treasurer, or any one or more of them, |
575 | from time to time, to determine, within the aforesaid guidelines |
576 | and limits, the date or dates on which said notes shall be |
577 | issued, the aggregate principal amount of notes to be issued at |
578 | such time, the maturity date or dates of such notes, the form |
579 | and terms (including provisions for redemption thereof, the |
580 | amount of any redemption premium, the schedule for the |
581 | amortization of principal and payment of interest, and other |
582 | provisions as the board shall have authorized), the rate or |
583 | rates of interest payable thereon (which may be a variable rate) |
584 | and to sell, issue, execute, and deliver the same pursuant to |
585 | such authorization. Any resolution authorizing a negotiated sale |
586 | of notes in the form of commercial paper to any class of |
587 | purchaser may likewise authorize the negotiated sale of renewal, |
588 | refunding, or rollover notes to such class of purchaser and may |
589 | contain such other provisions as the board may authorize. |
590 | Section 12. The Board of Commissioners of the South |
591 | Broward Hospital District is hereby authorized to issue bonds of |
592 | said district of such form and denomination, becoming due not |
593 | more than 40 years from the date of issuance, in an amount not |
594 | to exceed $50 million as the total bonded indebtedness of said |
595 | district (excluding from such total bonded indebtedness such |
596 | obligations of said district that are payable from moneys other |
597 | than taxation raised annually within said district as provided |
598 | in section 13), for the purpose of raising funds to establish, |
599 | construct, acquire, add to, operate, and maintain such hospital |
600 | or hospitals or other related medical facilities as in the |
601 | board?s opinion are necessary in said district; the said board |
602 | of commissioners shall have the power to refund any and all |
603 | previous issues of bonds for any and all lawful purposes in such |
604 | manner as said district determine to be in its best interests. |
605 | Section 13. Prior to the issuance of such bonds provided |
606 | in section 12, said board of commissioners shall, by resolution, |
607 | determine the amount which in their opinion will be necessary to |
608 | be raised annually by taxation for an interest and sinking fund |
609 | with which to pay the interest and principal of said bonds; and |
610 | the said board is hereby authorized, empowered, and required to |
611 | provide for the levy and collection annually of a sufficient tax |
612 | upon all the taxable property in said district, not exempt by |
613 | law, to pay such interest, and with which to provide and |
614 | maintain a sinking fund for the payment of the principal of said |
615 | bonds. |
616 | Section 14. All bonds issued by the South Broward Hospital |
617 | District, except refunding bonds, revenue certificates, and |
618 | anticipation time warrants, shall be issued only after the same |
619 | shall have been approved at a bond election in the manner |
620 | provided for by the State Constitution. |
621 | Section 15. The board of commissioners is hereby |
622 | authorized and empowered to compromise and settle any accounts |
623 | receivable or other claims on money due and owing to the |
624 | district according to such terms and conditions as the board of |
625 | commissioners, in its discretion, may determine. The factors |
626 | which may be considered by the board of commissioners in any |
627 | such compromise, are the ability of the debtors to pay and the |
628 | probabilities of collection in full. The board of commissioners |
629 | is further authorized and empowered to sell, assign, or convey |
630 | to any person all of the right, title, and interest of the |
631 | district in any account receivable, note receivable, or judgment |
632 | owned by the district by payment for such amount, note, or |
633 | judgment of whatsoever value as the board of commissioners, in |
634 | its discretion, may determine. The board of commissioners is |
635 | further authorized and empowered to subordinate its interest in |
636 | any mortgage or judgment lien to the interest of any third |
637 | parties, according to such terms and conditions as the board of |
638 | commissioners, in it discretion, may determine. |
639 | Section 16. The board of commissioners is hereby |
640 | authorized to provide by resolution at one time or from time to |
641 | time for the issuance of revenue certificates of the hospital |
642 | district for the purpose of paying all or a part of the cost of |
643 | acquisition, construction, planning, repairing, extensions to, |
644 | additions, equipping, furnishing, and reconstruction of any |
645 | hospital or hospitals of the district. The certificates of each |
646 | issuance shall be dated, shall mature at such time or times not |
647 | exceeding 40 years from their date or dates, shall be in such |
648 | denominations, shall bear interest at such rate or rates as may |
649 | be determined by the board of commissioners, and may be made |
650 | redeemable before maturity at the option of the board of |
651 | commissioners at such price or prices and under such terms and |
652 | conditions as may be fixed by the board of commissioners prior |
653 | to the issuance of the certificates. The board of commissioners |
654 | shall determine the form of the certificates, including any |
655 | interest coupons to be attached thereto, and the manner of |
656 | execution of the certificates and coupons, and shall fix the |
657 | denomination or denominations of the certificates and the place |
658 | or places of payment of principal and interest, which may be at |
659 | any bank or trust company within or without the state. In case |
660 | any officer whose signature or a facsimile of whose signature |
661 | shall appear on any certificates or coupons shall cease to be |
662 | such officer before the delivery of such certificates, such |
663 | signature or such facsimile shall nevertheless be valid and |
664 | sufficient for all purposes the same as if he had remained in |
665 | office until such delivery. All certificates issued under the |
666 | provisions of this act shall have and are hereby declared to |
667 | have all the qualities and incidents of negotiable instruments |
668 | under the law merchant and the laws of the state. The |
669 | certificates may be issued in coupon or in registered form, or |
670 | both, as the board of commissioners may determine, and |
671 | provisions may be made for the registration of any coupon |
672 | certificates as to principal alone and also as to both principal |
673 | and interest, and for the reconversion into coupon certificates |
674 | of any certificates registered as to both principal and |
675 | interest. The issuance of such certificates shall not be subject |
676 | to any limitations of conditions contained in any other law or |
677 | considered as part of the total bonded indebtedness of the |
678 | district as provided in section 12. Prior to the preparation of |
679 | definitive certificates, the board of commissioners may, under |
680 | like restrictions, issue interim receipts or temporary |
681 | certificates with or without coupons, exchangeable for |
682 | definitive certificates when such certificates have been |
683 | executed and are available for delivery. The board of |
684 | commissioners may also provide for the replacement of any |
685 | certificates, which shall be mutilated or be destroyed or lost. |
686 | The Board of Commissioners of the South Broward Hospital |
687 | District shall have the authority to provide by resolution for |
688 | the issuance of refunding certificates under such terms and |
689 | conditions as the board of commissioners shall determine to be |
690 | in the best interests of the district. |
691 | Section 17. As far as practicable, where not inconsistent |
692 | with the provisions of this act, procedure provided in the |
693 | general laws of Florida for elections shall govern. |
694 | Section 18. All bonds issued under the provisions of |
695 | section 12 shall be in the denomination of $100 or $1,000, or |
696 | some multiple thereof, shall bear interest payable annually or |
697 | semiannually, and both principal and interest shall be payable |
698 | at such place or places as the governing authority may |
699 | determine. The form of such bonds shall be fixed by the |
700 | resolution of the board of commissioners and the said bonds |
701 | shall be signed by the chair of said board and countersigned by |
702 | the secretary of said board under the seal of the district. The |
703 | coupons, if any, shall be executed by the facsimile signatures |
704 | of said officers. The delivery at any subsequent date of any |
705 | bond and coupon so executed shall be valid, although before the |
706 | date of delivery the person signing such bonds or coupons shall |
707 | cease to hold office. |
708 | Section 19. Bonds issued pursuant to the provisions of |
709 | section 12 may be either registered or coupon bonds. Coupon |
710 | bonds may be registered as to principal in the holder?s name on |
711 | the books of the hospital district, the registration being noted |
712 | upon the bonds, after which no transfer shall be valid unless |
713 | made on such hospital district?s books by the registered holder |
714 | and similarly noted on the bonds. Bonds registered as to |
715 | principal may be discharged from registration by being |
716 | transferred to bearer, after which they shall be transferable by |
717 | delivery, but may be again registered as to principal as before. |
718 | The registration of the bonds as to principal shall not restrain |
719 | the negotiability of the coupons by delivery merely. |
720 | Section 20. Before any bonds of the South Broward Hospital |
721 | District are issued pursuant to the provisions of section 12, |
722 | the board of commissioners shall investigate and determine the |
723 | legality of the proceedings. The resolution authorizing the |
724 | bonds may direct that they shall contain the following recital: |
725 | ?It is certified that this bond is authorized by and is issued |
726 | in conformity with the requirements of the Constitution and |
727 | Statutes of the State of Florida.? Such recital shall be an |
728 | authorized declaration by the governing body of the district and |
729 | shall import that there is constitutional and statutory |
730 | authority for incurring the debts and issuing the bonds; that |
731 | all proceedings therefore are regular; that all acts, |
732 | conditions, and things required to exist, happen, and be |
733 | performed precedent to and in the issuance of the bond have |
734 | existed, happened, and been performed in due time, form, and |
735 | manner, as required by law; and that the amount of the bond, |
736 | together with all other indebtedness, does not exceed any limit |
737 | or limits prescribed by the Constitution and statutes of this |
738 | state. If any bonds be issued containing said recital, it shall |
739 | be conclusively presumed that said recital, construed according |
740 | to the import hereby declared, is true, and the district shall |
741 | not be permitted to question the validity or legality of the |
742 | obligation in any court in any action or proceeding. |
743 | Section 21. In issuing bonds under the provisions of |
744 | section 12 or revenue certificates under the provisions of |
745 | section 16, it shall be lawful for the board of commissioners to |
746 | include more than one improvement or hospital purpose in any |
747 | such issue of bonds or revenue certificates. |
748 | Section 22. No resolution or proceeding in respect to the |
749 | issuance of said bonds or certificate hereunder shall be |
750 | necessary, except such as is required by this act. No |
751 | publication or any resolution or proceeding relating to the |
752 | issuance of the said bonds or certificates shall be required |
753 | except such as required by this act. Any publication prescribed |
754 | hereby may be made in any newspaper conforming to the terms of |
755 | this act, without regard to the designation thereof as the |
756 | official organ of the district. Bonds issued hereunder have all |
757 | the qualities of negotiable paper under the law merchant, shall |
758 | not be invalid for any irregularity or defect in the proceedings |
759 | for the issue and sale thereof, and shall be incontestable in |
760 | the hands of bona fide purchasers or holders thereof for value. |
761 | Section 23. The Board of Commissioners of the South |
762 | Broward Hospital District shall have the power to provide by |
763 | resolution for the issuance of refunding bonds to refund |
764 | principal and interest of an existing bond indebtedness, issued |
765 | under the provisions of section 12, for the payment of which the |
766 | credit of the hospital district is pledged, and such bonds may |
767 | be issued at or prior to maturity of the bonds to be refunded. |
768 | Such resolution may be adopted at a regular or special meeting, |
769 | and at the same meeting at which it is introduced, by a majority |
770 | of all of the members of the commission then in office. It is |
771 | determined and declared as a matter of legislative intent that |
772 | no election to authorize the issuance of refunding bonds shall |
773 | be necessary, except in cases where an election may be required |
774 | by the State Constitution. In all cases where it is not |
775 | necessary under the constitution to hold an election on the |
776 | issuance of such refunding bonds, such resolution shall take |
777 | effect immediately upon the adoption thereof. No other |
778 | proceedings or procedures of any character whatever shall be |
779 | required for the issuance of such bonds by the said district. |
780 | Section 24. The resolution of the board of commissioners |
781 | authorizing the issuance of the refunding bonds may provide that |
782 | the refunding bonds may be issued in one or more series; may |
783 | bear such date, may mature at such time, not exceeding 40 years |
784 | from their respective dates; may bear interest at such rate, not |
785 | exceeding the maximum rate of interest borne by the bonds |
786 | refinanced thereby; may be in such denomination; may be in such |
787 | form, either coupon or registered; may carry such registration |
788 | and conversion privileges; may be executed in such manner; may |
789 | be payable in such medium of payment, at such place; may be |
790 | subject to such terms of redemption, with or without a premium; |
791 | may be declared or become due before the maturity date thereof; |
792 | may provide for the replacement of mutilated, destroyed, stolen, |
793 | or lost bonds; may be authenticated in such manner and upon |
794 | compliance with such conditions; and may contain such other |
795 | terms and covenants as may be desired. Notwithstanding the form |
796 | or tenor thereof, and in the absence of an express recital on |
797 | the face thereof that the bond is nonnegotiable, all refunding |
798 | bonds shall at all times be, and shall be treated as, negotiable |
799 | instruments for all purposes. |
800 | Section 25. Refunding bonds bearing the signature of |
801 | officers of the district in office on the date of the signing |
802 | thereof shall be valid and binding obligations of the district |
803 | for all purposes, notwithstanding that before the delivery |
804 | thereof any or all of the persons whose signatures appear |
805 | thereon shall have ceased to be officers of the district. Any |
806 | resolution authorizing refunding bonds may provide that any such |
807 | refunding bonds issued pursuant to the article may contain such |
808 | a recital, and any refunding bond issued under authority of any |
809 | such resolution shall be conclusively deemed to be valid and to |
810 | have been issued in conformity with the provisions of this act. |
811 | The authority of the district to issue obligations under this |
812 | act may be determined and obligations to be issued under this |
813 | act may be validated as provided by law. |
814 | Section 26. Refunding bonds may be sold or exchanged, as |
815 | follows: |
816 | (1) In installments of different times, or an entire issue |
817 | or series may be sold or exchanged at one time. Any issue or |
818 | series of refunding bonds may be exchanged in part or sold in |
819 | parts in installments at different times or at one time. The |
820 | refunding bonds may be sold or exchanged at any time on, before, |
821 | or after the maturity of any of the outstanding bonds of the |
822 | district. The refunding bonds may be exchanged for a like or |
823 | greater principal amount of such bonds of the district, except |
824 | that the principal amount of the refunding bonds may exceed the |
825 | principal amount of such outstanding bonds to the extent |
826 | necessary or advisable, in the discretion of the governing body, |
827 | to fund interest in arrears or about to become due. The holder |
828 | of such outstanding bonds need not pay accrued interest on the |
829 | refunding bonds to be delivered in exchange therefore if and to |
830 | the extent that interest is due or accrued and unpaid on such |
831 | outstanding bonds to be surrendered. |
832 | (2) If the board of commissioners determines to exchange |
833 | any refunding bonds, any such refunding bonds may be exchanged |
834 | privately for and in payment and discharge of any of the |
835 | outstanding bonds of the district. The refunding bonds may be |
836 | exchanged for a like or greater principal amount of such bonds |
837 | of the district, except that the principal amount of the |
838 | refunding bonds may exceed the principal amount of such |
839 | outstanding bonds to the extent necessary or advisable, in the |
840 | discretion of the governing body, to fund interest in arrears or |
841 | about to become due. The holder of such outstanding bonds need |
842 | not pay accrued interest on the refunding bonds to be delivered |
843 | in exchange thereof if and to the extent that interest is due or |
844 | accrued and unpaid on such outstanding bonds to be surrendered. |
845 | Section 27. The funds of said district shall be paid out |
846 | only upon warrant signed by the chair of the board, and having |
847 | thereto affixed the corporate seal of the district; and no |
848 | warrant shall be drawn or issued against funds of said district |
849 | except for a purpose authorized by this act, and no such warrant |
850 | against funds of said district shall be drawn or issued until |
851 | after the account or expenditure for which the same is to be |
852 | given in payment has been ordered and approved by the board of |
853 | commissioners. |
854 | Section 28. The Board of Commissioners of South Broward |
855 | Hospital District is hereby authorized, empowered, and directed |
856 | annually to levy upon real and personal taxable property of said |
857 | district, not exempt by law, a sufficient tax necessary for the |
858 | purposes and needs of the said district incurred in the exercise |
859 | of the powers and purposes herein granted, the rate of taxation |
860 | per annum shall not exceed 2.5 mills on the dollar of the |
861 | valuation of the property within the district for tax purposes, |
862 | providing, however, that the 2.5 mill limitation herein shall |
863 | apply only for the purposes and needs of the district and not |
864 | for the purposes of debt service requirements for bonds that may |
865 | be issued pursuant to section 12 of this act. |
866 | Section 29. That the levy by said board of the taxes |
867 | authorized by any provision of this act shall be by resolution |
868 | of said board duly entered upon the minutes of the board. |
869 | Certified copies of such resolution executed in the name of the |
870 | board by its chair, under its corporate seal, shall be made and |
871 | delivered to the Board of County Commissioners of Broward County |
872 | and to the Chief Financial Officer not later than the 15th day |
873 | of June of each and every year. It shall be the duty of the |
874 | County Commissioners of Broward County to order and require that |
875 | the County Property Appraiser of said county to assess, and the |
876 | County Tax Collector of said county to collect the amount of |
877 | taxes so assessed or levied by the Board of Commissioners of |
878 | said South Broward Hospital District upon the taxable property |
879 | in said district, not exempt by law, at the rate of taxation |
880 | adopted by said board of commissioners of said district for said |
881 | year and include in the warrant of the property appraiser and |
882 | attach to the assessment roll of taxes for said year and |
883 | included in the warrant of the property appraiser and attach to |
884 | the assessment roll of taxes for said county each year. The tax |
885 | collector shall collect such tax so levied by said board in the |
886 | same manner as other taxes are collected, and shall pay the same |
887 | over to the Board of Commissioners of South Broward Hospital |
888 | District within the time and in the manner prescribed by law for |
889 | the payment by the tax collector of county taxes to the county |
890 | depository. It shall be the duty of the Florida Department of |
891 | Revenue to assess and levy on all the railroad lines and |
892 | railroad property situated or located in said district, |
893 | including as well all telephone lines. The amount of each said |
894 | levy of each said county or state taxes and the said taxes shall |
895 | be assessed by the same officer respectfully as are county taxes |
896 | upon such property, and such taxes shall be remitted by the |
897 | collecting officer to the Board of Commissioners of South |
898 | Broward Hospital District. All such taxes shall be held by said |
899 | board of commissioners and paid out by them as provided in this |
900 | act. The board is authorized to pay necessary expenses to the |
901 | aforenamed officers for the assessment and collection of taxes |
902 | on a reasonable fee basis. |
903 | Section 30. The board is authorized to pay from the funds |
904 | of the district all expenses of the organization of said board |
905 | and all expenses necessarily incurred with the formation of said |
906 | district and all other reasonable and necessary expenses, |
907 | including the fees and expenses of an attorney in the |
908 | transaction of the business of the district, and in carrying out |
909 | and accomplishing the purposes of the act. This section, |
910 | however, shall not be construed to remit or instruct any of the |
911 | powers vested in said board of commissioners by any other |
912 | section or provision of this act. |
913 | Section 31. At least once in each year the board of |
914 | commissioners shall publish once in some newspaper published in |
915 | said district a complete detailed statement of all moneys |
916 | received and disbursed by them since the creation of the |
917 | district as to the first published statement and since the last |
918 | published statement as to any other year. Such statements shall |
919 | also show the several sources from which said funds were |
920 | received and shall show the balance on hand at the time of the |
921 | published statement. It shall show a complete statement of the |
922 | condition of the district. |
923 | Section 32. Each hospital or clinic established under this |
924 | act shall be for the use and benefit of the residents of this |
925 | district. Such residents shall be admitted to such hospital or |
926 | clinic and be entitled to hospitalization, subject, however, to |
927 | the rules and regulations prescribed by the board of |
928 | commissioners, which rules and regulations are effective as of |
929 | the date of admission of a patient or patients to said hospital |
930 | or clinic. Such hospital or clinic may care for and treat |
931 | without charge to patients who are found by the board of |
932 | commissioners to be indigent. Such board may collect from |
933 | patients financially able, such charges as the board of |
934 | commissioners may from time to time establish. The board of |
935 | commissioners may exclude from treatment and care any person |
936 | having a communicable or contagious disease, where such disease |
937 | may be a detriment to the best interests of such hospital or |
938 | clinic or a source of contagion or infection to the patient in |
939 | its care, unless such hospital has a separate building or ward |
940 | for the special treatment of such patients, and can properly and |
941 | with safety to the other patients retain such communicable or |
942 | contagious case in such separate ward or building. Said board of |
943 | commissioners may extend the privileges and use of such hospital |
944 | or clinic to nonresidents of such district upon such terms and |
945 | conditions as the said board may from time to time by its rules |
946 | and regulations provide. Provided, however, that the residents |
947 | of the district wherein such hospital or clinic is located, |
948 | shall have first claim to admission. |
949 | Section 33. Realizing that factors other than professional |
950 | must enter into the qualification of those who practice medicine |
951 | and surgery, the Board of Commissioners of said South Broward |
952 | Hospital District are hereby authorized and empowered to set up |
953 | rules, regulations, and bylaws for the operation of the hospital |
954 | and the hospital staff; the board of commissioners are |
955 | authorized to give, grant, or revoke licenses and privileges of |
956 | staff members so that the welfare and health of patients and the |
957 | best interests of the hospital may at all times be best served. |
958 | The board of commissioners of the said district are further |
959 | authorized and empowered to set up rules and regulations for the |
960 | control of all professional and unprofessional employees of the |
961 | hospital, which terms shall include nurses on general duty or on |
962 | private duty attending patients, and all parties in the hospital |
963 | either as employees or in any manner in attendance of patients. |
964 | Section 34. It is intended that the provisions of this act |
965 | shall be liberally construed for accomplishing the work |
966 | authorized and provided for or intended to be provided for in |
967 | this act, and where strict construction would result in the |
968 | defeat of the accomplishment of any part of the work authorized |
969 | by this act, and a liberal construction would permit or assist |
970 | in the accomplishment, thereof, the liberal construction shall |
971 | be chosen. |
972 | Section 35. The Board of County Commissioners of Broward |
973 | County are hereby authorized, empowered, and required upon the |
974 | petition of not less than 25 qualified electors owning real |
975 | property in the territory covered by said South Broward Hospital |
976 | District, to call and hold an election within said district |
977 | after giving not less than 30 days' notice of the time and place |
978 | within such district where such an election will be held. All |
979 | qualified electors owning real property in the territory covered |
980 | by said South Broward Hospital District shall be entitled to |
981 | vote at said election, and the result of said election shall be |
982 | reported by the manager thereof to the Board of County |
983 | Commissioners of Broward County, who shall canvas the returns |
984 | and declare the results thereof. If a majority of the qualified |
985 | electors voting at the said election shall vote in favor of the |
986 | approval and ratification of this act, then this act shall |
987 | immediately become effective. The sole questions to be voted on |
988 | at said election shall be the ratification or rejection of all |
989 | of the terms and provisions of this act. |
990 | Section 36. Any clause or section of this act which for |
991 | any reason may be held or declared invalid may be eliminated and |
992 | the remaining portion or portions thereof shall be and remain in |
993 | full force and be valid, as if such invalid clause or section |
994 | had not been incorporated therein. |
995 | Section 37. Notwithstanding the provisions of section |
996 | 218.33, Florida Statutes, the fiscal year of South Broward |
997 | Hospital District shall commence May 1 and end on April 30 of |
998 | each calendar year. |
999 | Section 38. (1) The bonds of the district may bear such |
1000 | rate or rates of interest, including a variable rate of |
1001 | interest, and may be sold at par or at such premium or discount |
1002 | as the board shall determine, as shall not, taking into account |
1003 | the stated interest rate and any discount or premium, cause the |
1004 | average net interest cost rate to exceed the maximum average net |
1005 | interest cost rate permitted by section 215.84, Florida |
1006 | Statutes, or any interest rate, or average net interest cost |
1007 | rate, per annum permitted by general law amending or superseding |
1008 | section 215.84, Florida Statutes. |
1009 | (2) The procedures for the sale of general obligation |
1010 | bonds or revenue bonds, as defined in section 218.385, Florida |
1011 | Statutes, of the district shall be governed by section 218.385, |
1012 | Florida Statutes, or by any general law amending or superseding |
1013 | section 218.385, Florida Statutes. |
1014 | Section 39. In addition to any investment authorized by |
1015 | general law, and to the extent created by the State |
1016 | Constitution, the Board of Commissioners of the South Broward |
1017 | Hospital District shall be and is hereby authorized and |
1018 | empowered to invest any funds in its control or possession in |
1019 | accordance with an investment policy approved by the board which |
1020 | mandates prudent investment practices which shall include, among |
1021 | other items, the investment objectives and permitted securities |
1022 | of the policy. Such investment policy shall be designed to |
1023 | maximize the financial return to the fund consistent with the |
1024 | risks incumbent in each investment and shall be designed to |
1025 | preserve the appropriate diversification of the portfolio. |
1026 | Accordingly, the following instruments are authorized for |
1027 | investment: |
1028 | (1) In the trust fund known as Local Government Surplus |
1029 | Funds Trust Fund as created and established by section 218.405, |
1030 | Florida Statutes. |
1031 | (2) Bankers' acceptances which are drawn upon and accepted |
1032 | by a commercial bank which is a member bank of the Federal |
1033 | Reserve System maintaining capital accounts in excess of 7.5 |
1034 | percent of total assets, and which member bank of its holding |
1035 | company carries a credit rating in one of the two highest |
1036 | alphabetical categories from at least two nationally recognized |
1037 | debt rating agencies. |
1038 | (3) Commercial paper of prime quality rated by at least |
1039 | two nationally recognized debt rating agencies in the highest |
1040 | letter and numerical rating of each agency. If not so rated, |
1041 | such prime quality commercial paper may be purchased if secured |
1042 | by a letter of credit provided by a commercial bank, which bank |
1043 | or its holding company carries a credit rating in one of the two |
1044 | highest alphabetical categories from at least two nationally |
1045 | recognized debt rating agencies. |
1046 | (4) Interest-bearing bonds, debentures, and other such |
1047 | evidence of indebtedness with a fixed maturity of any domestic |
1048 | corporation within the United States which is listed on any one |
1049 | or more of the recognized national stock exchanges in the United |
1050 | States which is listed on any one or more of the recognized |
1051 | national stock exchanges in the United States and conforms with |
1052 | the periodic reporting requirements under the Securities |
1053 | Exchange Act of 1934. Such obligations shall either carry |
1054 | ratings in one of the two highest classifications of at least |
1055 | two nationally recognized debt rating agencies or be secured by |
1056 | a letter of credit provided by a commercial bank, which bank or |
1057 | its holding company carries a credit rating in one of the two |
1058 | highest alphabetical categories from at least two nationally |
1059 | recognized debt rating agencies. |
1060 | (5) Negotiable direct obligations of, or obligations the |
1061 | principal and interest of which are unconditionally guaranteed |
1062 | by, the United States Government and obligations of the Federal |
1063 | Farm Credit Banks, Federal Home Loan Mortgage Corporations, or |
1064 | Federal Home Loan Bank or its district banks, including Federal |
1065 | Home Loan Mortgage Corporation participation certificates or |
1066 | obligations guaranteed by the Government National Mortgage |
1067 | Association, which are purchased and sold under repurchase |
1068 | agreements and reverse repurchase agreements. Repurchase |
1069 | agreements and reverse repurchase agreements may be entered into |
1070 | only with a member bank of the Federal Reserve System or primary |
1071 | dealer in United States Government Securities. Further, any such |
1072 | repurchase agreements and reverse repurchase agreements shall be |
1073 | fully collaterized by the type of securities which are named in |
1074 | this subsection. Securities purchased or repurchased by the |
1075 | South Broward Hospital District shall be delivered to the South |
1076 | Broward Hospital District or its agent versus payment. |
1077 | (6) Purchase of options so as to engage in bona fide |
1078 | hedging activities for the purpose of protecting the asset value |
1079 | of the underlying portfolio. However, the underlying security |
1080 | (that is, the security that must be delivered if a put option or |
1081 | call option contract is exercised) shall be negotiable direct |
1082 | obligations of, or obligations the principal and interest of |
1083 | which are unconditionally guaranteed by, the United States |
1084 | Government and obligations of the Federal Farm Credit Banks, |
1085 | Federal Home Loan Mortgage Corporations, or Federal Loan Bank or |
1086 | its district banks, including Federal Home Loan Mortgage |
1087 | Corporation participation certificates, or obligations |
1088 | guaranteed by the Government National Mortgage Association. |
1089 | Further, the options of said underlying securities shall be |
1090 | traded on a securities exchange or board of trade regulated by |
1091 | the Securities Exchange Commission or the Commodity Futures |
1092 | Trading Commission. |
1093 | Section 40. (1) Notwithstanding the provisions of part |
1094 | III of chapter 163, Florida Statutes, the district is not a |
1095 | ?public body? or ?taxing authority,? as those terms are used in |
1096 | part III, chapter 163, Florida Statutes. |
1097 | (2) This section shall not apply with respect to any |
1098 | geographic area approved as appropriate for community |
1099 | redevelopment by a resolution or ordinance adopted pursuant to |
1100 | section 163.355, Florida Statutes, by a governing body prior to |
1101 | January 1, 1998, or to any geographic area approved by the |
1102 | governing body pursuant to section 163.355, Florida Statutes, as |
1103 | a community redevelopment area prior to January 1, 1998. |
1104 | However, this section shall apply to any geographic area |
1105 | approved as appropriate for community redevelopment or added to |
1106 | a community redevelopment area by resolution or ordinance of a |
1107 | governing body adopted on or after January 1, 1998. The terms |
1108 | ?governing body? and ?community redevelopment area? mean the |
1109 | same as in part III, chapter 163, Florida Statutes. |
1110 | Section 4. It is intended that the provisions of this |
1111 | action shall be liberally construed for accomplishment of the |
1112 | work authorized and provided for or intended to be provided for |
1113 | by this act, and where strict construction would permit or |
1114 | assist in the accomplishment of any apart of the work authorized |
1115 | by this act, the liberal construction shall be chosen. |
1116 | Section 5. All acts and proceedings of the circuit court |
1117 | taken by, for, and on behalf of the district since the creation |
1118 | thereof, and all of the acts and proceedings of the board of |
1119 | commissioners, and all other officers and agents of the |
1120 | district, and of the county, acting for and on behalf of the |
1121 | district, and any and all tax levies and assessments which have |
1122 | been made by the board of commissioners for and on behalf of the |
1123 | district, are each and every one of them, and each and every |
1124 | part thereof, hereby ratified. |
1125 | Section 6. If any section, subsection, sentence, clause, |
1126 | or phrase of this act is held to be unconstitutional, such |
1127 | holding shall not affect the validity of the remaining portions |
1128 | of the act, the Legislature hereby declaring that it would have |
1129 | passed this act and each section, subsection, sentence, clause, |
1130 | and phrase thereof, irrespective of any other separate section, |
1131 | subsection, sentence, clause, or phrase thereof, and |
1132 | irrespective of the fact that any one or more other sections, |
1133 | subsections, sentences, clauses, or phrases thereof may be |
1134 | declared unconstitutional. |
1135 | Section 7. Chapter 24415 (1947), Laws of Florida, which |
1136 | was approved by the electors for the district in referendum held |
1137 | on May 22, 1950, is repealed; provided, however, that, as |
1138 | provided in section 189.429(3), Florida Statutes, nothing in |
1139 | this act, including specifically this section 7 shall modify, |
1140 | amend, or alter any covenants, contract, or other obligations of |
1141 | the district or board of commissioners with respect to the |
1142 | district?s bonded indebtedness; and affect the ability of the |
1143 | board of commissioners and district to levy and collect taxes as |
1144 | permitted under prior law and herein. Chapters 24415 (1947), |
1145 | 59-1125, 59-1126, 59-1128, 61-1925, 61-1932, 61-1935, 63-1180, |
1146 | 65-1296, 65-1339, 67-1164, 69-910, 70-618, 71-566, 71-577, 72- |
1147 | 494, 74-436, 74-450, 75-346, 75-349, 76-337, 76-339, 79-431, 80- |
1148 | 459, 80-466, 80-467, 80-469, 81-351, 82-269, 83-378, 84-400, 90- |
1149 | 488, and 99-423, Laws of Florida, are hereby repealed. |
1150 | Section 8. This act shall take effect upon becoming a law. |