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.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

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.

31  

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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

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