Senate Bill sb3144
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Florida Senate - 2004 (NP) SB 3144
By Senator Alexander
17-761A-04 See HB 1599
1 A bill to be entitled
2 An act relating to the Highlands County
3 Hospital District; codifying, pursuant to s.
4 189.429, F.S., special laws relating to the
5 Highlands County Hospital District; codifying,
6 reenacting, amending, and repealing chapters
7 61-2232, 72-553, 74-487, 78-519, 80-506,
8 81-384, 84-437, 85-420, 88-456, and 96-443,
9 Laws of Florida; fixing and prescribing
10 boundaries of the district; providing for its
11 governing and administration; providing and
12 defining powers and purposes of the district
13 and its board of commissioners; authorizing the
14 board to establish, contract for, lease,
15 operate, and maintain any hospital it has
16 established in the district; authorizing and
17 providing for issuance and sale of district
18 bonds; authorizing the board to borrow money
19 and give notes therefor; authorizing and
20 providing for levy and collection of taxes for
21 payment of bonds and notes and interest
22 thereon; providing for exercise of the power of
23 eminent domain; authorizing establishment of
24 hospital staff and a nursing school; providing
25 for liability insurance; providing
26 construction; providing severability; providing
27 for the issuance of revenue bonds; authorizing
28 the transfer of certain funds and limiting the
29 uses thereof; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
1
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Florida Senate - 2004 (NP) SB 3144
17-761A-04 See HB 1599
1 Section 1. Pursuant to section 189.429, Florida
2 Statutes, this act constitutes the codification of all special
3 acts relating to the Highlands County Hospital District. It is
4 the intent of the Legislature in enacting this law to provide
5 a single, comprehensive special act charter for the district,
6 including all current legislative authority granted to the
7 district by its several legislative enactments and any
8 additional authority granted by this act.
9 Section 2. Chapters 61-2232, 72-553, 74-487, 78-519,
10 80-506, 81-384, 84-437, 85-420, 88-456, and 96-443, Laws of
11 Florida, are codified, reenacted, amended, and repealed as
12 provided in this act.
13 Section 3. The charter for the Highlands County
14 Hospital District is re-created and reenacted to read:
15 Section 1. A dependent special district is created,
16 incorporated, and codified to be known as the Highlands County
17 Hospital District in Highlands County, which district shall
18 embrace and include all of Highlands County. This act codifies
19 the prior enabling act, chapter 61-2232, Laws of Florida, as
20 amended.
21 Section 2. The governing body of the Highlands County
22 Hospital District shall consist of five commissioners, not
23 more than one of whom may be a member of the medical
24 profession. All commissioners, who shall serve without
25 compensation, must be qualified electors and freeholders
26 residing in Highlands County for more than 1 year prior to
27 appointment, one of whom must reside in county commissioner's
28 district No. 1; one of whom must reside in county
29 commissioner's district No. 2; one of whom must reside in
30 county commissioner's district No. 3; one of whom must reside
31 in county commissioner's district No. 4; and one of whom must
2
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Florida Senate - 2004 (NP) SB 3144
17-761A-04 See HB 1599
1 reside in county commissioner's district No. 5. The body shall
2 be known and designated as the Board of Commissioners of the
3 Highlands County Hospital District. All commissioners shall be
4 appointed by the Board of County Commissioners of Highlands
5 County for a term of 4 years. The Board of County
6 Commissioners of Highlands County may remove any member of the
7 board of commissioners for cause and shall fill any vacancy
8 that occurs therein for the remainder of the term in which the
9 vacancy occurred. The members of the board of commissioners
10 shall receive no salary, but each shall be paid the sum of
11 $120 a year as expense money; however, a member is not
12 entitled to expense money unless he or she has attended 75
13 percent of the regular meetings held by the board during any
14 year. A regular meeting of the board shall be held at least
15 once each quarter. Each member shall give bond to the Board of
16 County Commissioners of Highlands County for the faithful
17 performance of his or her duties in the sum of $5,000 with a
18 surety company qualified to do business in this state as
19 surety, which bond shall be approved and kept by the Clerk of
20 the Circuit Court of Highlands County. If the secretary and
21 treasurer is not a member of the board, he or she shall give a
22 like bond of $5,000 for the faithful performance of his or her
23 duties. Premiums on bonds shall be paid as part of the
24 expenses of the district.
25 Section 3. The Board of Commissioners of the Highlands
26 County Hospital District has all the powers of a body
27 corporate, including the power to sue and be sued under the
28 name of the Highlands County Hospital District; to contract
29 and be contracted with; to adopt and use a common seal and to
30 alter it at pleasure; to acquire, purchase, hold, lease,
31 mortgage, and convey such real and personal property as the
3
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Florida Senate - 2004 (NP) SB 3144
17-761A-04 See HB 1599
1 board deems proper or expedient to carry out the purposes of
2 this act; to appoint and employ a superintendent or matron or
3 both, and such other agents and employees as the board deems
4 advisable; to fix compensation of all employees and remove any
5 appointees or employees; to insure the improvements, fixtures,
6 and equipment against loss by fire, windstorm, or other
7 coverage in such amounts as are determined reasonable and
8 proper; and to borrow money and to issue evidence of
9 indebtedness of the district therefor to carry out the
10 provisions of this act in the manner provided in this act.
11 Section 4. There shall be a chair of the board of
12 commissioners. The board may elect one of its members to serve
13 as secretary and treasurer, or it may appoint some person not
14 a member of the board to serve in that capacity. In the
15 absence of the chair or his or her inability to act at any
16 regular meeting, warrants may be signed by any other member of
17 the board selected by the members present as chair pro tem.
18 Three commissioners constitute a quorum, and a vote of at
19 least two commissioners is necessary to the transaction of any
20 business of the district. The commissioners shall cause true
21 and accurate minutes and records to be kept of all business
22 transacted by them and shall keep full, true, and complete
23 books of account and minutes, which minutes, records, and
24 books of account shall at all reasonable times be open and
25 subject to inspection by inhabitants of the district. Any
26 person desiring to do so may make or procure a copy of the
27 minutes, records, or books of account, or such portions
28 thereof as he or she may desire.
29 Section 5. The board of commissioners is authorized to
30 establish, construct, lease, operate, and maintain any
31 hospital as in its opinion is necessary for the use of the
4
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Florida Senate - 2004 (NP) SB 3144
17-761A-04 See HB 1599
1 people of the district. The hospital shall be established,
2 constructed, leased, operated, and maintained by the board of
3 commissioners for the preservation of the public health, for
4 the public good, and for the use of the public of the
5 district, and maintenance of any hospital within the district
6 is found and declared to be a public purpose and necessary for
7 the preservation of the public health, the public use, and the
8 welfare of the district and its inhabitants. The location of
9 any hospital shall be determined by the board. The board may
10 accept any and all gifts, loans, or advancements for the
11 purchase of property, real or personal, for the construction
12 of, equipping of, and maintenance of any hospital established
13 by the board.
14 Section 6. The board of commissioners may at any time
15 in its discretion establish and maintain in connection with
16 such hospital and as part thereof a training school for
17 nurses, and upon completion of a prescribed course of
18 training, it shall give to nurses who have satisfactorily
19 completed the course a diploma. The board of commissioners may
20 adopt all rules necessary for the operation of a nurse's
21 training school and make all necessary expenditures in
22 connection therewith.
23 Section 7. The board has the power of eminent domain,
24 and it may thereby condemn and acquire any real or personal
25 property within the territorial limits of the district which
26 the board deems necessary for the use of the district. Such
27 power of condemnation shall be exercised in the same manner as
28 is now provided by general law for the exercise of the power
29 of eminent domain by cities and towns of this state.
30 Section 8. The board of commissioners may, in order to
31 provide for and carry out the work of this act, borrow money
5
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Florida Senate - 2004 (NP) SB 3144
17-761A-04 See HB 1599
1 from time to time for periods of time not exceeding 20 years
2 at any one time, and issue any notes of the district therefor
3 upon such terms and upon such rates of interest not exceeding
4 8 percent per year as the board deems advisable and secure the
5 payment of same by mortgage upon any property, real or
6 personal, owned by the district. The board additionally may
7 pledge as security for money borrowed by it, any moneys
8 accruing to it or to accrue to it from any source, including
9 revenues derived from the operation of the hospital and from
10 any other funds legally available to the district; however,
11 the aggregate amount of principal of moneys so borrowed upon
12 the notes and mortgages of the district, shall not, at any one
13 time, exceed the sum of $750,000.
14 Section 9. The Board of Commissioners of the Highlands
15 County Hospital District may issue bonds of the district of
16 such form, denomination, and bearing such rate of interest not
17 to exceed 6 percent per year, and becoming due not less than 5
18 nor more than 30 years from the date of issuance, in an amount
19 not to exceed $1 million of the total bonded indebtedness of
20 the district, for the purpose of raising funds to establish,
21 construct, operate, and maintain any hospital as in the
22 board's opinion is necessary in the district. The board of
23 commissioners may refund any and all previous issues of bonds
24 for any and all lawful hospital purposes. All the proceeds
25 derived from the sale of bonds or refunding bonds, exclusive
26 of expenses, shall be deposited in a depository selected by
27 the board.
28 Section 10. Before the issuance of bonds, the board of
29 commissioners shall, by resolution, determine the amount that
30 in its opinion will be necessary to be raised annually by
31 taxation for an interest and sinking fund with which to pay
6
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Florida Senate - 2004 (NP) SB 3144
17-761A-04 See HB 1599
1 the interest and principal of the bonds; and the board shall
2 provide for the levy and collection annually of a sufficient
3 tax upon all the taxable property in the district, not exempt
4 by law, to pay such interest and with which to provide and
5 maintain a sinking fund for the payment of the principal of
6 bonds.
7 Section 11. All bonds issued by the Board of
8 Commissioners of the Highlands County Hospital District,
9 except refunding bonds, revenue bonds, or certificates and
10 anticipation time warrants, shall be issued only after they
11 have been approved by the majority of the votes cast in an
12 election in which a majority of the freeholders who are
13 qualified registered electors in the district shall
14 participate, which election shall be called and held by the
15 board of commissioners, subject to reasonable rules adopted by
16 the board. If it is determined to hold an election to decide
17 whether a majority of the freeholders who are qualified
18 electors are in favor of the issuance of bonds, the board of
19 commissioners shall by resolution order an election to be held
20 in the district, and shall give 30 days' notice of the
21 election by publication in a newspaper of general circulation
22 within the district once a week for 4 consecutive weeks during
23 such period.
24 Section 12. Only registered electors of the district
25 who are freeholders owning real property within the
26 territorial limits of the district shall be permitted to vote
27 at a bond election, and they may be required to submit proof
28 by affidavit before the election official that they are
29 freeholders owning property in the district and qualified as
30 electors. For the purpose of determining the total number of
31 qualified electors residing in the district who are
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Florida Senate - 2004 (NP) SB 3144
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1 freeholders and entitled to participate in such election, the
2 board of commissioners shall prepare a list or file of the
3 names of all qualified electors appearing upon the
4 registration books of Highlands County who are determined to
5 be freeholders residing in the district and qualified to vote
6 in the election. Such lists or files shall be furnished to the
7 inspectors or clerks of the election at each voting place, and
8 such lists or files shall be prima facie evidence of the total
9 number of qualified electors who are freeholders in the
10 district and qualified to participate in the election. A
11 person whose name does not appear upon such list or file may
12 not be permitted to vote in such election; except that a
13 qualified elector of a district whose name does not appear
14 upon such file or list shall be permitted to vote upon taking
15 a freeholder's oath before the clerk of the election and
16 furnishing proof of his or her qualification as a freeholder.
17 Section 13. As far as practicable and where not
18 inconsistent with the provisions of this act, the procedure
19 outlined in chapter 100, Florida Statutes, providing the
20 procedure for bond elections, shall govern.
21 Section 14. All bonds issued under this act shall be
22 in the denomination of $100 or some multiple thereof and shall
23 bear interest not exceeding 6 percent per year, payable
24 annually or semiannually, and both principal and interest
25 shall be payable at such place as the governing authority
26 determines. The form of such bonds shall be fixed by
27 resolution of the board of commissioners and bonds shall be
28 signed by the chair of the board and countersigned by the
29 secretary of the board under the seal of the district. The
30 coupons, if any, shall be executed by the facsimile signatures
31 of the officers. The delivery at any subsequent date of any
8
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Florida Senate - 2004 (NP) SB 3144
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1 bond and coupon so executed shall be valid, although before
2 the date of delivery the persons signing bonds or coupons
3 cease to hold office.
4 Section 15. Bonds issued under this act may be either
5 registered or coupon bonds. Coupon bonds may be registered as
6 to principal in the holder's name on the books of the hospital
7 district, the registration being noted upon the bonds, after
8 which no transfer shall be valid unless made on such hospital
9 district's books by the registered holder and similarly noted
10 on the bonds. Bonds registered as to principal may be
11 discharged from registration by being transferred to the
12 bearer, after which they shall be transferable by delivery,
13 but may be again registered as to principal as before. The
14 registration of the bonds as to principal shall not restrain
15 the negotiability of the coupons by delivery merely.
16 Section 16. Before any bonds of the Highlands County
17 Hospital District are issued under this act, the board of
18 commissioners shall investigate and determine the legality of
19 the proceedings. The resolution authorizing the bonds may
20 direct that they contain the following recital:
21
22 "It is certified that this bond is authorized by and is issued
23 in conformity with the requirements of the Constitution and
24 Statutes of the State of Florida."
25
26 Such recital shall be an authorized declaration by the
27 governing authority of the district and shall import that
28 there is constitutional and statutory authority for incurring
29 the debts and issuing the bonds; that all the proceedings
30 therefor are regular; that all acts, conditions, and things
31 required to exist, happen, and be performed precedent to and
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Florida Senate - 2004 (NP) SB 3144
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1 in the issuance of the bond have existed, happened, and been
2 performed in due time, form, and manner, as required by law;
3 and that the amount of the bond, together with all other
4 indebtedness, does not exceed any limit prescribed by the
5 constitution and statutes of this state. If any bond is issued
6 containing the recital, it shall be conclusively presumed that
7 the recital, construed according to the import declared in
8 this section, is true, and the district shall not be permitted
9 to question the validity or legality of the obligation in any
10 court in any action or proceeding.
11 Section 17. In issuing bonds under this act, it is
12 lawful for the board of commissioners to include more than one
13 improvement or hospital purpose in any bond issue.
14 Section 18. All bonds issued under this act shall be
15 advertised for sale on sealed bids, which advertisement shall
16 be published once a week for 3 weeks, the first publication to
17 be made at least 21 days preceding the date fixed for the
18 reception of bids in a newspaper published in the hospital
19 district. Notice of sale shall also be published once a week
20 for 3 weeks preceding the date fixed for the reception of
21 bids, either in a financial paper published in the City of New
22 York, the City of Chicago, or the City of Baltimore, or in a
23 newspaper of general circulation published in a city in
24 Florida having a population of not fewer than 20,000
25 inhabitants according to the latest official decennial census.
26 The board of commissioners may reject any and all bids. If the
27 bonds are not sold pursuant to such advertisements, they may
28 be sold by the board of commissioners at private sale within
29 60 days after the date advertised for the reception of sealed
30 bids, but no private sale shall be made at a price less than
31 the highest bid that has been received. If not so sold, bonds
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1 shall be readvertised in the manner prescribed in this act. No
2 bonds issued under this act shall be sold for less than 95
3 percent of the par value and accrued interest.
4 Section 19. A resolution or proceeding in respect to
5 the issuance of bonds is not necessary, except as required by
6 this act. Publication of any resolution or proceeding relating
7 to the issuance of bonds is not required, except as required
8 by this act. Any publication prescribed in this act may be
9 made in any newspaper conforming to the terms of this act
10 without regard to the designation thereof as the official
11 organ of the district. Bonds issued under this act shall have
12 all the qualities of negotiable paper under the law merchant,
13 shall not be invalid for any irregularly or defect in the
14 proceeding for the issue and sale thereof, and shall be
15 incontestable in the hands of bona fide purchasers or holders
16 thereof for value.
17 Section 20. The Board of Commissioners of the
18 Highlands County Hospital District may provide by resolution
19 for the issuance of refunding bonds to refund principal and
20 interest of an existing bond indebtedness, for the payment of
21 which the credit of the hospital district is pledged, and such
22 bonds may be issued at or prior to maturity of the bonds to be
23 refunded. Such resolution may be adopted at a regular or
24 special meeting, and at the same meeting at which it is
25 introduced, by the majority of the members of the commission
26 then in office. It is determined and declared as a matter of
27 legislative intent that an election to authorize the issuance
28 of refunding bonds is not necessary, except in cases in which
29 an election may be required by the State Constitution. In all
30 cases in which it is not necessary under the State
31 Constitution to hold an election on the issuance of such
11
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1 refunding bonds, such resolution shall take effect immediately
2 upon the adoption thereof. No other proceedings shall be
3 required for the issuance of bonds by the district.
4 Section 21. The resolution of the Board of
5 Commissioners of the Highlands County Hospital District
6 authorizing the issuance of the refunding bonds may provide
7 that the refunding bonds may be issued in one or more series,
8 bear the date, mature at the time not exceeding 30 years from
9 their respective dates, bear interest at the rate not
10 exceeding the maximum rate of interest borne by the notes,
11 bonds, or other obligations refinanced thereby, be in the
12 denomination, be in the form either coupon or registered,
13 carry the registration and conversion privileges, be executed
14 in the manner, be payable in the medium of payment at the
15 place, be subject to the terms of redemption with or without a
16 premium, be declared or become due before the maturity date
17 thereof, provide for the replacement of mutilated, destroyed,
18 stolen, or lost bonds, and be authenticated in the manner and
19 upon compliance with the conditions and contain such other
20 terms and covenants as is desired. Notwithstanding the form or
21 tenor and in the absence of an express recital on the face
22 that the bond is nonnegotiable, all refunding bonds are at all
23 times negotiable instruments for all purposes.
24 Section 22. Refunding bonds bearing the signature of
25 officers of the district in office on the date of the signing
26 thereof shall be valid and binding obligations of the district
27 for all purposes, notwithstanding that before the delivery
28 thereof any or all of the persons whose signatures appear
29 thereon have ceased to be officers of the district. Any
30 resolution authorizing refunding bonds may provide that any
31 refunding bonds issued under this act may contain a recital
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1 and any refunding bond issued under authority of any
2 resolution shall be conclusively deemed to be valid and to
3 have been issued in conformity with the provisions of this
4 act. The authority of a district to issue obligations under
5 this act may be determined and obligations to be issued under
6 this act may be validated as provided by law.
7 Section 23. Refunding bonds may be sold or exchanged
8 as follows:
9 (1) In installments at different times, or an entire
10 issue or series may be sold or exchanged at one time. Any
11 issue or series of refunding bonds may be exchanged in part or
12 sold in parts in installments at different times or at one
13 time. The refunding bonds may be sold or exchanged at any time
14 on, before, or after the maturity of any of the outstanding
15 notes, bonds, certificates, or other obligations to be
16 refinanced thereby.
17 (2) If the board of commissioners determines to
18 exchange any refunding bonds, the refunding bonds may be
19 exchanged privately for and in payment and discharge of any of
20 the outstanding notes, bonds, or other obligations of the
21 district. The refunding bonds may be exchanged for a like or
22 greater principal amount of notes, bonds, or other obligations
23 of the district, except that the principal amount of the
24 outstanding notes, bonds, or other obligations to the extent
25 necessary or advisable, in the discretion of the governing
26 body, to fund interest in arrears or about to become due. The
27 holder of outstanding notes, bonds, or other obligations need
28 not pay accrued interest on the refunding bonds to be
29 delivered in exchange therefor if and to the extent that
30 interest is due or accrued and unpaid on the outstanding
31 notes, bonds, or other obligations to be surrendered.
13
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1 (3) If the board of commissioners determines to sell
2 any refunding bonds, the refunding bonds shall be sold at not
3 less than 95 percent of par at public or private sales, in
4 such manner and upon the terms the board of commissioners
5 deems best for the interest of the district.
6 Section 24. All bonds or refunding bonds issued under
7 this act are legal investments for state, county, municipal,
8 and all other public funds and for banks, savings banks,
9 insurance companies, executors, administrators, trustees, and
10 all other fiduciaries and shall also be and constitute
11 securities eligible as collateral security for all state,
12 county, municipal, or other public funds.
13 Section 25. The funds of the district shall be paid
14 out only upon warrants, signed by the chair or chair pro tem
15 of the board, and having thereto affixed the corporate seal of
16 the district, which may be an impression thereon or a
17 facsimile thereof. The warrant may not be drawn or issued
18 against funds of the district except for a purpose authorized
19 by this act, and no such warrant against funds of the district
20 shall be drawn or issued until after the account or
21 expenditure for which the same is to be given in payment has
22 been ordered and approved by the board of commissioners at a
23 meeting in which a quorum is present. The chair of the board
24 may sign checks and warrants of the district by the facsimile
25 signature of the chair and use and employ facsimile signature
26 machines for that purpose, provided that the checks and
27 warrants are countersigned by the treasurer for the district.
28 Section 26. The board may pay from the funds of the
29 district all expenses of the organization of the board and all
30 expenses necessarily incurred with the formation of the
31 district and all other reasonable and necessary expenses,
14
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1 including the fees and expenses of an attorney in the
2 transaction of the business of the district and in carrying
3 out and accomplishing the purposes of this act. This section,
4 however, may not be construed to limit or destroy any of the
5 powers vested in the board of commissioners by any other
6 section or provision of this act.
7 Section 27. Subject to such provisions and
8 restrictions as are set forth in the resolution authorizing or
9 securing any bonds issued under this act, the board may enter
10 into contracts with the government of the United States or any
11 agency or instrumentality thereof, or with the state or any
12 county, municipality, district, authority, or political
13 subdivision, private corporation, partnership, association, or
14 individual providing for or relating to the construction or
15 acquisition of additions, extensions, and improvements to the
16 hospital and any other matters relevant thereto or otherwise
17 necessary to effect the purposes of this act, may receive and
18 accept from any federal agency, state agency, or other public
19 body grants or loans for or in aid of such purposes and
20 receive and accept aid or contributions or loans from any
21 other source of money, property, labor, or other things of
22 value, to be held, used, and applied only for the purpose for
23 which such grants, contributions, or loans may be made.
24 Section 28. At least once each year the board of
25 commissioners shall publish once in some newspaper published
26 in the district a complete detailed annual statement of all
27 moneys received and disbursed by them since the creation of
28 the district as to the first published statement and since the
29 last published statement as to any other year. The statements
30 shall also show the several sources from which the funds were
31 received and shall show the balance on hand at the time of the
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1 published statement. It shall show a complete statement of the
2 financial condition of the district.
3 Section 29. Each hospital or clinic established under
4 this act shall be for the use and benefit of the residents of
5 the district. Residents shall be admitted to such hospital or
6 clinic and be entitled to hospitalization and treatment,
7 subject, however, to the rules adopted by the board of
8 commissioners effective as of the date of admission of a
9 patient to the hospital or clinic. The hospital or clinic may
10 care for and treat without charge patients who are found by
11 the board of commissioners to be indigent and who have for 1
12 year next preceding the application for admission been
13 residents of the district. The board of commissioners may
14 accept money from any welfare funds provided for Highlands
15 County or moneys available to the indigent patients from a
16 federal, state, or county agency or moneys available to
17 Highlands County from such governmental agencies for welfare
18 and hospital purposes, for the payment of costs of treatment
19 and care of indigent residents of the district. The board may
20 collect from patients financially able such charges as the
21 board of commissioners from time to time establishes. The
22 board of commissioners may exclude from treatment and care any
23 person having a communicable or contagious disease when such
24 disease may be a detriment to the best interests of the
25 hospital or clinic or a source of contagion or infection to
26 the patient in its care, unless the hospital has a separate
27 building or ward for the special treatment of such patients
28 and can properly and with safety to the other patients retain
29 the communicable or contagious case in such separate ward or
30 building. The board of commissioners may extend the privileges
31 and use of the hospital or clinic to nonresidents of the
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1 district who pay the rates established by the board and upon
2 such terms and conditions as the board may from time to time
3 by its rules provide. However, residents of the district
4 wherein the hospital or clinic is located have first claim to
5 admission. The board may furnish and extend the benefits of
6 the hospital and clinic services and treatment to the homes of
7 indigent residents of the district. Each municipal corporation
8 situated within the district and the law enforcing agencies of
9 Highlands County are liable to the board for the occupancy,
10 care, medicine, and treatment of prisoners in the custody of
11 the municipal corporation or county officers who are admitted
12 to any hospital operated by the board.
13 Section 30. Realizing that factors other than
14 professional must enter into the qualification of those who
15 practice medicine and surgery, the Board of Commissioners of
16 the Highlands County Hospital District may adopt rules and
17 bylaws for the operation of the hospital and the hospital
18 staff. The board of commissioners may give, grant, or revoke
19 licenses and privileges of staff members so that the welfare
20 and health of patients and the best interests of the hospital
21 are at all times best served. The board of commissioners is
22 further authorized to adopt rules for the control of all
23 professional and nonprofessional employees of the hospital,
24 which terms shall include nurses on general duty or on private
25 duty attending patients and all persons in the hospital either
26 as employees or who in any manner attend patients. Any patient
27 may employ, at his or her expense, his or her own physician,
28 and the physician when employed by the patient shall have
29 exclusive charge of the care and treatment of the patient, and
30 the nurses therein, as to the patient, shall be subject to the
31 direction of the physician, subject always to such general
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Florida Senate - 2004 (NP) SB 3144
17-761A-04 See HB 1599
1 rules as are adopted by the Board of Commissioners of the
2 Highlands County Hospital District.
3 Section 31. The board of commissioners may secure and
4 keep in force in amounts it may determine, in companies duly
5 authorized to do business in Florida, liability insurance
6 covering vehicles, premises, and malpractice. However, the
7 board of commissioners may purchase such insurance from
8 companies not duly authorized to do business in Florida if
9 equivalent insurance coverage is not available from companies
10 duly authorized to do business in Florida. In consideration of
11 the premium at which each policy is written, it shall be a
12 part of the policy contract between the board of commissioners
13 and the named insured that the company is not entitled to the
14 benefit of the defense of governmental immunity for the
15 insured by reason of exercising of governmental function on
16 any suit brought against the insured. Immunity of the board of
17 commissioners against liability damages is waived to the
18 extent of liability insurance carried by the board. However,
19 an attempt may not be made at the trial of any action against
20 the board to suggest the existence of any insurance that
21 covers in whole or in part any judgment or award that is
22 rendered in favor of the plaintiff. If a verdict rendered by
23 the jury exceeds the limit of the applicable insurance, the
24 court shall reduce the amount of the judgment or award to a
25 sum equal to the applicable limit set forth in the policy.
26 Section 32. The provisions of this act shall be
27 liberally construed for accomplishing the work authorized and
28 provided for or intended to be provided for by this act, and
29 when strict construction would result in the defeat of the
30 accomplishment of any part of the work authorized by this act
31 and a liberal construction would permit or assist in the
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Florida Senate - 2004 (NP) SB 3144
17-761A-04 See HB 1599
1 accomplishment thereof, the liberal construction shall be
2 chosen.
3 Section 33. If any provision of this act or its
4 application to any person or circumstance is held invalid, the
5 invalidity does not affect other provisions or applications of
6 the act which can be given effect without the invalid
7 provision or application, and to this end the provisions of
8 this act are declared severable.
9 Section 34. (1) Notwithstanding the foregoing
10 provisions of this act and without regard to any limitations
11 and conditions contained in any other section of this act:
12 (a) The board of commissioners may acquire, construct,
13 reconstruct, extend, make additions to, enlarge, improve,
14 repair, remodel, restore, equip, and furnish hospital and
15 other health care facilities now or hereafter located in the
16 district and which are or may be owned by or under the
17 supervision, operation, and control of the district. For the
18 purposes of this section "health care facilities" means any
19 real property or interest therein, building, structure,
20 facility, machinery, equipment, furnishings, or other property
21 suitable for use by the district in connection with its
22 operations or proposed operations, including, without
23 limitation, real property therefor; a clinic, computer
24 facility, dining hall, firefighting facility, fire prevention
25 facility, food service and preparation facility, health care
26 facility, long-term care facility, hospital, interns'
27 residence, laboratory, laundry, maintenance facility, nurses'
28 residence, nursing home, nursing school, office, professional
29 office building, parking structure and area, pharmacy,
30 recreational facility, research facility, storage facility,
31 utility, or X-ray facility, or any combination of the
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Florida Senate - 2004 (NP) SB 3144
17-761A-04 See HB 1599
1 foregoing; and other structures or facilities related thereto
2 or required or useful for health care purposes, the conducting
3 of research, or the operation of a hospital or other health
4 care facility, including facilities or structures essential or
5 convenient for the orderly conduct of such hospital or other
6 health care facility and other similar items necessary or
7 convenient for the operation of a particular facility or
8 structure in the manner for which its use is intended.
9 (b)1. The board of commissioners may from time to time
10 issue negotiable revenue bonds of the district for the purpose
11 of paying or refinancing all or any part of the cost of any
12 hospital or other health care facility. In anticipation of the
13 sale of such revenue bonds, the district may issue negotiable
14 bond anticipation notes and may renew them from time to time,
15 but the maximum maturity of any such note, including renewals
16 thereof, may not exceed 5 years from the date of issue of the
17 original note. Such notes shall be paid from any revenues or
18 other funds of the district legally available therefor and not
19 otherwise pledged or from the proceeds of sale of the revenue
20 bonds of the district in anticipation of which they were
21 issued. The notes shall be issued in the same manner as the
22 revenue bonds. Such notes and the resolution or resolutions
23 authorizing them may contain any provision, condition, or
24 limitation that a bond resolution of the board of
25 commissioners may contain.
26 2. The revenue bonds and notes of every issue shall be
27 payable solely out of revenues derived by the district from
28 hospital and other health care facilities within the district
29 and owned by or under the supervision, operation, and control
30 of the district, together with any other funds of the district
31 legally available for the purpose. Notwithstanding that
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Florida Senate - 2004 (NP) SB 3144
17-761A-04 See HB 1599
1 revenue bonds and notes may be payable from a special fund,
2 they are, and shall be deemed to be, for all purposes,
3 negotiable instruments, subject only to any provisions of the
4 revenue bonds and notes for registration.
5 3. The revenue bonds may be issued as serial bonds, as
6 term bonds, or otherwise, or the board of commissioners, in
7 its discretion, may issue bonds of all types. The revenue
8 bonds shall be authorized by resolution or resolutions of the
9 board of commissioners and shall bear such date or dates;
10 mature at such time or times, not exceeding 50 years from
11 their respective dates; bear interest at such rate or rates,
12 including variable rates, but not exceeding the maximum rate
13 permitted by law at the time of issuance; be payable at such
14 time or times; be in such denominations; be in such form,
15 either coupon or registered, or both; carry such registration
16 privileges and conversion or exchange privileges; be executed
17 in such manner; be payable in lawful money of the United
18 States at such place or places; and be subject to such terms
19 of redemption, including redemption prior to maturity, as such
20 resolution or resolutions provide. The board of commissioners
21 shall determine the form and manner of execution of the bonds,
22 including any interest coupons to be attached thereto, and
23 shall fix the denomination or denominations of the bonds and
24 the place or places of payment of principal and interest,
25 which may be at any bank or trust company within or without
26 the state. In case any officer whose signature, or a facsimile
27 of whose signature, appears on any bonds or coupons ceases to
28 be such officer before the delivery of such bonds, such
29 signature or facsimile is nevertheless valid and sufficient
30 for all purposes the same as if he or she had remained in
31 office until such delivery. The board of commissioners may
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Florida Senate - 2004 (NP) SB 3144
17-761A-04 See HB 1599
1 also provide for the authentication of the bonds by a trustee
2 or fiscal agent. The revenue bonds or notes may be sold in
3 such manner, either at public or private sale, and for such
4 price or prices as the board of commissioners determines.
5 Pending preparation of the definitive bonds, the board of
6 commissioners may issue interim receipts or certificates,
7 which shall be exchanged for such definitive bonds.
8 4. In the discretion of the board of commissioners,
9 each or any issue of revenue bonds may be secured by a trust
10 agreement by and between the district and a corporate trustee,
11 which may be any trust company or bank having the powers of a
12 trust company within or outside of the state. Such trust
13 agreement or resolution providing for the issuance of such
14 bonds may pledge or assign all or any part of the revenues and
15 other funds of the district legally available for the payment
16 of such revenue bonds. The resolution providing for the
17 issuance of such bonds or such trust agreement may contain
18 such provisions for protecting and enforcing the rights and
19 remedies of the bondholders as are reasonable and proper and
20 not in violation of law, including covenants setting forth the
21 duties of the district in relation to the acquisition,
22 construction, improvement, maintenance, operation, repair,
23 equipping, and insurance of the facilities, the fees and other
24 charges to be fixed and collected for the use of any facility
25 or part thereof, the sale of any facility or part thereof or
26 other property, the terms and conditions for the issuance of
27 additional bonds, and the custody, safeguarding, and
28 application of all moneys. It is lawful or any bank or trust
29 company incorporated under the laws of the state which may act
30 as such depository to furnish such indemnifying bonds or to
31 pledge such securities as are required by the board of
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Florida Senate - 2004 (NP) SB 3144
17-761A-04 See HB 1599
1 commissioners. Such resolution or such trust agreement may set
2 forth the rights and remedies of the bondholders and the
3 trustee and may restrict the individual right of action by the
4 bondholders. In addition to the foregoing, such resolution or
5 such trust agreement may contain such other provisions as the
6 board of commissioners deems reasonable and proper for the
7 security of the bondholders. All expenses incurred in carrying
8 out such trust agreement or resolution may be treated as a
9 part of the cost of the facility in connection with which such
10 bonds are issued or as part of the expense of operation or
11 such facility, as the case may be. The resolution or trust
12 agreement providing for the issuance of the revenue bonds may
13 also contain such limitations upon the issuance of additional
14 revenue bonds as the board of commissioners deems proper, and
15 such additional bonds shall be issued under such restrictions
16 or limitations prescribed by such resolution or trust
17 agreement.
18 (c) Revenue bonds issued under this section shall not
19 be deemed to constitute a debt, liability, or obligation of
20 the district, Highlands County, or the state or any political
21 subdivision thereof or a pledge of the faith and credit or the
22 taxing power of the district, Highlands County, or the state
23 or any political subdivision thereof, but they shall be
24 payable solely from the revenues and funds provided therefor.
25 All such revenue bonds shall contain on the face thereof a
26 statement to the effect that the district is not obligated to
27 pay the same or the interest thereon except from the revenues
28 and other funds of the district provided for such payment, and
29 that neither the faith and credit nor the taxing power of the
30 district, Highlands County, or the state or any political
31 subdivision thereof is pledged to the payment of the principal
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Florida Senate - 2004 (NP) SB 3144
17-761A-04 See HB 1599
1 or the interest on such bonds. The issuance of revenue bonds
2 under this section shall not directly, indirectly, or
3 contingently obligate the district, Highlands County, or the
4 state or any political subdivision thereof to levy or to
5 pledge any form of taxation whatever therefore or to make any
6 appropriation for their payment.
7 (d) All bonds issued under this section have, and are
8 declared to have, all the qualities and incidents, including
9 negotiability, of investment securities under the Uniform
10 Commercial Code, but no provision of such code respecting the
11 filing of a financing statement to perfect a security interest
12 shall be deemed necessary for or applicable to any security
13 interest created in connection with the issuance of any such
14 bonds.
15 (e) The exercise of the powers granted by this section
16 will be in all respects for the benefit of the people of this
17 state, for the increase of their commerce, welfare, and
18 prosperity, and for the improvement of their health and living
19 conditions, and because the operation and maintenance of
20 hospital and other health care facilities by the district will
21 constitute the performance of an essential public and
22 governmental purpose, any bonds issued under the provisions of
23 this section, together with interest thereon, their transfer,
24 and the income therefrom, including any profit made on the
25 sale thereof, shall at all times be free from taxation of
26 every kind by the state, Highlands County, and municipalities
27 and other political subdivisions in the state, except those
28 taxes imposed by chapter 220, Florida Statutes, on interest,
29 income, or profits on debt obligations owned by corporations.
30 (f) The board of commissioners may provide for the
31 issuance of revenue bonds of the district for the purpose of
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Florida Senate - 2004 (NP) SB 3144
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1 refunding any of its revenue bonds then outstanding, including
2 the payment of any redemption premium thereon and any interest
3 accrued or to accrue to the earliest or subsequent date of
4 redemption, purchase, or maturity of such revenue bonds. The
5 proceeds of any such revenue bonds issued for the purpose of
6 refunding outstanding revenue bonds may, in the discretion of
7 the board of commissioners, be applied to the purchase or
8 retirement at maturity or redemption of such outstanding
9 revenue bonds either on their earliest or any subsequent
10 redemption date, or upon the purchase or at the maturity
11 thereof; may, pending such application, be placed in escrow to
12 be applied to such purchase or retirement at maturity or
13 redemption on such date as may be determined by the board of
14 commissioners; and, pending such application to purchase,
15 retirement, or redemption, may be invested and reinvested in
16 securities selected by or in such manner as the board of
17 commissioners provides.
18 (g) Bonds issued by the board of commissioners under
19 this section are made securities in which all public officers
20 and public bodies of the state and its political subdivisions
21 and all banks, trust companies, bankers, banking associations,
22 savings banks and institutions, building and loan
23 associations, savings and loan associations, investment
24 companies, and other persons carrying on a banking or
25 investment business; all insurance companies, insurance
26 associations, and other persons carrying on an insurance
27 business; and all executors, administrators, curators,
28 trustees, and other fiduciaries may properly and legally
29 invest funds, including capital in their control or belonging
30 to them. Such bonds are made securities that may properly and
31 legally be deposited with and received by any state or
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Florida Senate - 2004 (NP) SB 3144
17-761A-04 See HB 1599
1 municipal officer or any agency or political subdivision of
2 the state for any purpose for which the deposit or bonds or
3 obligations of the state is now or may hereafter be authorized
4 by law.
5 (h) An election in the district is not required as a
6 condition precedent to the exercise by the board of
7 commissioners of any of the powers conferred by this section
8 unless such election is required by the State Constitution.
9 (i) Revenue bonds may be issued under this section
10 without obtaining, except as otherwise expressly provided in
11 this section, the consent of any department, division,
12 commission, board, body, bureau, or agency of the state or any
13 political subdivision thereof and without any other
14 proceedings or the happening of any conditions or things other
15 than those proceedings, conditions, or things that are
16 specifically required by this section and the provisions of
17 the resolution or resolutions authorizing the issuance of such
18 bonds or the trust agreement securing them.
19 (2) This section shall be deemed to provide an
20 additional and alternative method for the doing of the things
21 authorized in this section and shall be regarded as
22 supplemental and additional to powers conferred by other laws.
23 This section, being necessary for the health and welfare of
24 the inhabitants of Highlands County and the state, shall be
25 liberally construed to effect the purposes thereof.
26 Section 35. In order that citizens and residents of
27 the district may receive quality health care, the board of
28 commissioners may enter into contract with corporations,
29 either for profit or not for profit, duly authorized to do
30 business in the state for the purpose of operating and
31 managing such hospital and any or all of its facilities of
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Florida Senate - 2004 (NP) SB 3144
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1 whatsoever kind and nature and enter into leases with such
2 corporations for the operating of such facilities. The term of
3 any such lease, contract, or agreement and the conditions,
4 covenants, and agreements to be contained therein shall be
5 determined by the board of commissioners.
6 Section 36. The Board of Commissioners of the
7 Highlands County Hospital District may transfer by gift or
8 loan to the Highlands County Commission any surplus assets or
9 funds from whatever source derived; however, they must be used
10 exclusively for health services in Highlands County. Further,
11 such assets or funds constitute surplus funds as determined by
12 the Board of Commissioners of the Highlands County Hospital
13 District.
14 Section 4. Chapters 61-2232, 72-553, 74-487, 78-519,
15 80-506, 81-384, 84-437, 85-420, 88-456, and 96-443, Laws of
16 Florida, are repealed.
17 Section 5. This act shall take effect upon becoming a
18 law.
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