Senate Bill sb2864
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Florida Senate - 2004 (NP) SB 2864
By Senator Cowin
20-1465-04 See HB 1453
1 A bill to be entitled
2 An act relating to North Sumter County Hospital
3 District; providing a popular name; providing
4 district purpose; providing district
5 boundaries; providing for a board of trustees
6 as the governing body of the district;
7 prescribing the powers and duties of the board;
8 providing for compensation and meetings of the
9 board; authorizing the board to levy and
10 collect an annual ad valorem tax upon taxable
11 property within the district; providing for a
12 referendum; providing for purpose of the tax;
13 providing for a method for such levy; providing
14 for an annual report; providing for financial
15 disclosure; providing for liens and foreclosure
16 of liens; providing for severability; providing
17 an effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Establishment of district; boundaries.--
22 (1) This act may be referred to by the popular name
23 the "North Sumter County Hospital District Act."
24 (2) There is created and established as an independent
25 special taxing district of the state a hospital district in
26 Sumter County to be known as the "North Sumter County Hospital
27 District," which shall comprise and include the territory
28 within Sumter County described as follows:
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Florida Senate - 2004 (NP) SB 2864
20-1465-04 See HB 1453
1 BEGIN AT THE NORTHEAST CORNER OF SECTION 1,
2 TOWNSHIP 18 SOUTH, RANGE 23 EAST, AND RUN SOUTH
3 ALONG THE EASTERLY BOUNDARY OF RANGE 18 EAST
4 (SAID BOUNDARY BEING THE EAST LINE OF SAID
5 SUMTER COUNTY) TO THE CENTERLINE OF STATE ROAD
6 NO. 44; THENCE WESTERLY ALONG THE CENTERLINE OF
7 STATE ROAD NO. 44 TO ITS INTERSECTION WITH THE
8 CENTERLINE OF COUNTY ROAD C-44A; THENCE
9 NORTHWESTERLY ALONG THE CENTERLINE OF COUNTY
10 ROAD C-44A TO ITS INTERSECTION WITH THE
11 CENTERLINE OF COUNTY ROAD C-139; THENCE NORTH
12 ALONG THE CENTERLINE OF COUNTY ROAD C-139 TO
13 ITS INTERSECTION WITH THE CENTERLINE OF COUNTY
14 ROAD C-466A; THENCE NORTH ALONG THE CENTERLINE
15 OF COUNTY ROAD C-462 AND ITS NORTHERLY
16 EXTENSION TO THE CENTERLINE OF COUNTY ROAD
17 C-121; THENCE NORTH ALONG THE CENTERLINE OF
18 COUNTY ROAD 121 TO THE NORTH LINE OF THE
19 FAIRWAYS AT ROLLING HILLS, PLAT BOOK 4, PAGE
20 88, PUBLIC RECORDS OF SUMTER COUNTY, FLORIDA,
21 EXTENDED WESTERLY; THENCE EAST ALONG SAID NORTH
22 LINE AND ITS WESTERLY AND EXISTING EXTENSION TO
23 THE EAST LINE OF SECTION 28, TOWNSHIP 18 SOUTH,
24 RANGE 23 EAST; THENCE NORTH ALONG SAID EAST
25 LINE TO THE WATERS OF LAKE MIONA; THENCE
26 WESTERLY AND NORTHERLY ALONG THE WATERS OF LAKE
27 MIONA TO ITS INTERSECTION WITH THE EASTERLY
28 EXTENSION OF THE NORTHERLY LINE OF RAVENSWOOD
29 SUBDIVISION (UNRECORDED) LYING IN THE SOUTHEAST
30 1/4 OF THE SOUTHEAST 1/4 OF SECTION 20,
31 TOWNSHIP 18 SOUTH, RANGE 23 EAST; THENCE WEST
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Florida Senate - 2004 (NP) SB 2864
20-1465-04 See HB 1453
1 ALONG SAID NORTH LINE AND ITS EXTENSION TO THE
2 CENTERLINE OF COUNTY ROAD 117; THENCE SOUTH
3 ALONG THE CENTERLINE OF COUNTY ROAD 117 TO THE
4 CENTERLINE OF COUNTY ROAD 114; THENCE WEST
5 ALONG THE CENTERLINE OF COUNTY ROAD 114 TO THE
6 CENTERLINE OF U.S. HIGHWAY 301; THENCE WEST
7 ALONG THE CENTERLINE OF COUNTY ROAD 222 TO THE
8 CENTERLINE OF COUNTY ROAD 223; THENCE NORTH
9 ALONG THE CENTERLINE OF COUNTY ROAD 223 TO THE
10 CENTERLINE OF COUNTY ROAD 466; THENCE WEST
11 ALONG THE CENTERLINE OF COUNTY ROAD 466 TO THE
12 CENTERLINE OF COUNTY ROAD 227; THENCE NORTH
13 ALONG THE CENTERLINE OF COUNTY ROAD 227 TO THE
14 SOUTH LINE OF SECTION 2, TOWNSHIP 18 SOUTH,
15 RANGE 22 EAST; THENCE WEST ALONG THE SOUTH LINE
16 OF SAID SECTION 2 AND THE SOUTH LINE OF SECTION
17 3, TOWNSHIP 18 SOUTH, RANGE 22 EAST TO THE WEST
18 LINE OF THE EAST 330.10 FEET OF SAID SECTION 3;
19 THENCE NORTH ALONG SAID WEST LINE TO THE NORTH
20 LINE OF TOWNSHIP 18 SOUTH SAID NORTH LINE BEING
21 THE NORTHERLY BOUNDARY OF SUMTER COUNTY; THENCE
22 EAST ALONG THE NORTH BOUNDARY OF TOWNSHIP 18
23 SOUTH AND ALONG THE NORTH BOUNDARY OF SUMTER
24 COUNTY TO THE POINT OF BEGINNING.
25 Section 2. Purpose of the district.--The purpose of
26 the North Sumter County Hospital District as a governmental
27 entity is to ensure continued hospital services for the
28 residents of the North Sumter County Hospital District,
29 referred to in this act as the "district."
30 Section 3. Membership and organization of the
31 governing board of the district.--
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Florida Senate - 2004 (NP) SB 2864
20-1465-04 See HB 1453
1 (1) GENERAL.--
2 (a) The North Sumter County Hospital District shall be
3 governed by a board of trustees composed of five persons
4 appointed by the Governor. The term of office of each trustee
5 shall be 6 years and a trustee may serve more than one term.
6 The initial terms shall be measured from the date this act
7 becomes law. The trustees must reside in Sumter County. Each
8 trustee shall serve until his or her successor is appointed
9 and qualified. Any member of the board of trustees may be
10 removed by the Governor at any time for cause, in which event
11 such vacancy or vacancies thereby occurring shall be filled by
12 appointment by the Governor. Vacant trustee seats created for
13 reasons other than by removal shall be filled through
14 appointment by the Governor; appointees shall serve until
15 expiration of the term for which they are appointed.
16 (b) The members of the board of trustees shall serve
17 without pay. Each member shall give a bond to the Board of
18 County Commissioners of Sumter County for the use and benefit
19 of the North Sumter County Hospital District for the faithful
20 performance of his or her duties in the sum of $1,000 with a
21 surety company qualified to do business in this state as
22 surety, which bond shall be approved and accepted by the Clerk
23 of the Circuit Court of Sumter County. The premiums on such
24 bond shall be paid by the district as part of the expenses of
25 the district.
26 (c) Three of the trustees shall constitute a quorum,
27 and a vote of a majority of the trustees in attendance at a
28 meeting is necessary for the transaction of any business of
29 the district. The board of trustees may select from among its
30 membership a chair, vice chair, secretary, and treasurer. The
31 board of trustees shall cause true and accurate minutes and
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Florida Senate - 2004 (NP) SB 2864
20-1465-04 See HB 1453
1 records to be kept of all business transacted by the board and
2 shall keep full, true, and complete books of account and
3 minutes, which minutes and books shall be open and subject to
4 the inspection of the inhabitants of the district at all
5 reasonable times during normal business hours. Any person
6 desiring to do so may obtain a copy of the minutes and books
7 of accounts or such portions thereof as he or she may desire
8 upon payment of the costs of reproduction.
9 (2) ANNUAL MEETING.--The annual meeting shall be held
10 during the month of January of each year at such time and
11 place within the district as is determined by the board of
12 trustees. Notice of the date, time, and place of the annual
13 meeting shall be published in a daily newspaper of general
14 circulation, in a section other than the legal advertisement
15 or classified advertisement section, in the North Sumter
16 County Hospital District once per week for 2 consecutive
17 weeks. The date of the first publication of such notice must
18 be at least 15, and not more than 30, days before the annual
19 meeting. The agenda at the annual meeting of the board of
20 trustees shall include, but is not limited to:
21 (a) Call to order.
22 (b) Presentation and approval of minutes of the last
23 annual meeting and of any special meeting held since that
24 meeting.
25 (c) Financial report.
26 (d) Presentation of the annual report of the board of
27 trustees.
28 (e) Transaction of any business that may properly be
29 brought before the board.
30 (f) Election of officers of the board of trustees.
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Florida Senate - 2004 (NP) SB 2864
20-1465-04 See HB 1453
1 (3) SPECIAL MEETINGS.--Special meetings of the board
2 of trustees may be called at any time by the chair or upon the
3 written request of four members of the board of trustees.
4 Notices of special meetings of the board of trustees shall be
5 by publication in a newspaper of general daily circulation in
6 the North Sumter County Hospital District at least 7 days
7 before such meeting, stating the date and place and general
8 matters of the business to be considered.
9 Section 4. Powers, functions, and duties.--
10 (1) EMINENT DOMAIN.--The North Sumter County Hospital
11 District, through its board of trustees, has the power of
12 eminent domain.
13 (2) GENERAL POWERS.--The Board of Trustees of the
14 North Sumter County Hospital District has all the powers of a
15 body corporate, including the power to sue and be sued under
16 the name of the North Sumter County Hospital District; to
17 contract and be contracted with; to adopt and use a common
18 seal; and to acquire, purchase, hold, lease, and convey such
19 real and personal property as the board of trustees deems
20 proper or expedient to carry out the purposes of this act.
21 (3) AD VALOREM TAXATION.--The Board of Trustees of the
22 North Sumter County Hospital District may levy an ad valorem
23 tax in the district of up to 1 mill on the dollar of the value
24 of all nonexempt property within that area of Sumter County
25 which comprises the North Sumter County Hospital District,
26 provided, however, that the hospital district shall have no
27 authority to levy such ad valorem tax unless such authority
28 has been approved in a referendum by a majority vote of the
29 electors residing within the district voting on the question.
30 Such referendum shall be held not later than December 31,
31 2006, and conducted upon a resolution adopted by the board of
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Florida Senate - 2004 (NP) SB 2864
20-1465-04 See HB 1453
1 trustees and in accordance with applicable Florida Statutes.
2 Such tax shall be paid into the district fund.
3 (4) TAX PROCEEDS TO NONPROFIT ORGANIZATIONS FOR HEALTH
4 CARE PURPOSES.--All future tax proceeds generated from within
5 the North Sumter County Hospital District, less one-half of
6 the amount reserved annually by the board to pay for the
7 maintenance and services for the board, shall be paid by the
8 Board of Trustees to the Villages Tri-County Medical Center,
9 Inc., and the Villages Regional Hospital Foundation, Inc., in
10 such proportional distribution as the board, in its sole
11 discretion, deems appropriate, upon the written request by the
12 Villages Tri-County Medical Center, Inc., and the Villages
13 Regional Hospital Foundation, Inc., respectively, that the
14 funds are needed for healthcare purposes, provided, however,
15 that the Villages Tri-County Medical Center, Inc., shall
16 receive not less than 80 percent of such funds so distributed.
17 (5) ANNUAL FINANCIAL REPORT.--The Villages Tri-County
18 Medical Center, Inc., and the Villages Regional Hospital
19 Foundation, Inc., shall file annual audited financial
20 statements with the North Sumter County Hospital District.
21 (6) COLLECTION OF TAXES.--It is the duty of the
22 Property Appraiser of Sumter County to assess, and the Tax
23 Collector of Sumter County to collect, the up to 1 mill tax
24 levied by the Board of Trustees of the North Sumter County
25 Hospital District upon the taxable property in the district.
26 The tax collector shall collect such tax as levied by the
27 board of trustees in the same manner as other taxes are
28 collected and shall pay the same over to the Board of Trustees
29 of the North Sumter County Hospital District within the time
30 and in the manner prescribed by law for the payment of taxes
31 to the county depository. It is the duty of the Department of
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Florida Senate - 2004 (NP) SB 2864
20-1465-04 See HB 1453
1 Revenue to assess all such property in accordance with section
2 193.085, Florida Statutes. The amount of each county or state
3 tax and the taxes for the district shall be assessed by the
4 officer respectively as are county taxes upon such property,
5 and such tax shall be remitted by the collecting officer to
6 the Board of Trustees of the North Sumter County Hospital
7 District. All such taxes shall be held by the Board of
8 Trustees of the North Sumter County Hospital District and paid
9 out by said board for purposes of this act.
10 (7) EXPENSES.--The Board of Trustees of the North
11 Sumter County Hospital District may pay from the funds of the
12 district all expenses of the organization of such board of
13 trustees and all expenses necessarily incurred in the
14 development of the district, as well as all other reasonable
15 and necessary expenses, including the fees and expenses of a
16 certified public accountant and an attorney as needed in the
17 transaction of the business of the district in carrying out
18 and accomplishing the purposes of this act. The board shall
19 include in its annual budget a reserve in an amount deemed
20 necessary by the board for its yearly expenses.
21 (8) FINANCIAL DISCLOSURE, NOTICE, AND REPORTING
22 REQUIREMENTS.--At least once every year, the Board of Trustees
23 of the North Sumter County Hospital District shall make and
24 file with the Clerk of the Circuit Court of Sumter County a
25 complete financial statement of all moneys received and
26 distributed by the board since the development of the district
27 as to the first statement so filed, and since the last
28 statement so filed as to any other year. Such statements shall
29 also show the several sources from which the funds were
30 received and shall show the balance on hand at the time of the
31 making of such statement. The statement shall show the
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Florida Senate - 2004 (NP) SB 2864
20-1465-04 See HB 1453
1 complete statement of the financial condition of the district.
2 Notice of the statement shall be filed with the Clerk of the
3 Circuit Court of Sumter County and published in a newspaper
4 regularly published in Sumter County, and the statement shall
5 be made available at all reasonable times to all residents of
6 the district for their inspection. The Board of Trustees of
7 the North Sumter County Hospital District shall comply with
8 all financial disclosure and reporting requirements provided
9 in general law.
10 (9) PREPARATION OF BUDGET.--The Board of Trustees of
11 the North Sumter County Hospital District shall prepare an
12 annual balanced budget in accordance with generally accepted
13 accounting practices and in the manner prescribed by section
14 189.418, Florida Statutes.
15 (10) LIENS AND FORECLOSURES.--Liens and foreclosure of
16 liens resulting from failure to pay ad valorem taxation shall
17 be treated as liens and foreclosures resulting from other ad
18 valorem taxes.
19 Section 5. Amendments to the charter.--This act may
20 only be amended by action of the Legislature.
21 Section 6. Construction of act.--It is intended that
22 the provisions of this act be liberally construed for
23 accomplishing the purposes authorized and provided for by this
24 act.
25 Section 7. Comprehensive planning.--Except as may
26 otherwise be required by general law, comprehensive planning
27 is not required by this act.
28 Section 8. If any provision of this act or its
29 application to any person or circumstance is held invalid, the
30 invalidity shall not affect other provisions or applications
31 of the act which can be given effect without the invalid
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Florida Senate - 2004 (NP) SB 2864
20-1465-04 See HB 1453
1 provision or application, and to this end the provisions of
2 this act are declared severable.
3 Section 9. This act shall take effect upon becoming a
4 law.
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