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