Senate Bill sb3146

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004        (NP)                      SB 3146

    By Senator Alexander





    17-930A-04                                      See CS/HB 1449

  1                      A bill to be entitled

  2         An act relating to the DeSoto County Hospital

  3         District; codifying special laws relating to

  4         DeSoto County Hospital District pursuant to

  5         section 189.429, Florida Statutes; providing

  6         legislative intent; codifying, repealing,

  7         amending, and reenacting chapters 65-1450,

  8         69-1011, 71-605, 73-443, 78-498, 82-288, and

  9         89-493, Laws of Florida; providing district

10         status and boundaries; providing for

11         applicability of chapter 189, Florida Statutes,

12         and other general laws; providing a district

13         charter; providing an effective date.

14  

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

16  

17         Section 1.  Pursuant to section 189.429, Florida

18  Statutes, this act constitutes the codification of all special

19  acts relating to the DeSoto County Hospital District. It is

20  the intent of the Legislature in enacting this law to provide

21  a single, comprehensive special act charter for the district,

22  including all current legislative authority granted to the

23  district by its several legislative enactments.

24         Section 2.  Chapters 65-1450, 69-1011, 71-605, 73-443,

25  78-498, 82-288, and 89-493, Laws of Florida, relating to the

26  DeSoto County Hospital District, are codified, reenacted,

27  amended, and repealed as provided in this act.

28         Section 3.  The charter for the DeSoto County Hospital

29  District is re-created and reenacted to read:

30         Section 1.  Creation; boundaries.--An independent

31  special district is created and incorporated to be known as

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004        (NP)                      SB 3146
    17-930A-04                                      See CS/HB 1449




 1  the "DeSoto County Hospital District," which district shall

 2  embrace and include all of DeSoto County.

 3         Section 2.  Governing board.--The governing body of the

 4  DeSoto County Hospital District shall be known as the

 5  "District Hospital Board of DeSoto County" and shall consist

 6  of five members who are not members of the medical profession.

 7  All members shall be qualified electors and freeholders

 8  residing in DeSoto County for more than 1 year prior to

 9  appointment.  Members of the district board are appointed by

10  the Governor for terms of 4 years each, ending on July 1. The

11  Governor shall have the power to remove any member of the

12  district board for cause and shall fill any vacancies that may

13  occur therein for the remainder of the term in which the

14  vacancy occurred. The members of the district board shall

15  receive no salary but each shall be paid the sum of $120 per

16  year as expense money; however, no member shall be entitled to

17  expense money unless he or she has attended 75 percent of the

18  regular meetings held by the board during any year. Each

19  member shall give bond to the Governor for the faithful

20  performance of his or her duties in the sum of at least $5,000

21  with a surety company qualified to do business in this state

22  as surety, which bond shall be approved and kept by the Clerk

23  of the Circuit Court of DeSoto County. Should the secretary

24  and treasurer be other than a member of the district board, he

25  or she shall give a like bond of at least $5,000 for the

26  faithful performance of his or her duties. Premiums on bonds

27  shall be paid as part of the expenses of the district.

28         Section 3.  Powers.--

29         (1)  The District Board of DeSoto County Hospital

30  District shall have all the powers of a body corporate,

31  including the power to sue and be sued under the name of the

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004        (NP)                      SB 3146
    17-930A-04                                      See CS/HB 1449




 1  DeSoto County Hospital District; to contract and be contracted

 2  with; to adopt and use a common seal and to alter same at

 3  pleasure; to acquire, purchase, hold, lease, mortgage, and

 4  convey such real and personal property as the board may deem

 5  proper or expedient to carry out the purposes of this act; to

 6  appoint and employ a superintendent and such other agents and

 7  employees as the board may deem advisable and to fix a

 8  compensation of all employees and to remove any appointees or

 9  employees; to insure the improvements, fixtures, and equipment

10  against loss by fire, windstorm, or other coverage in such

11  amounts as may be determined reasonable and proper; and to

12  borrow money and issue evidence of indebtedness of the

13  district therefor to carry out the provisions of this act in

14  the manner hereinafter provided.

15         (2)  The DeSoto County Hospital District is authorized

16  and empowered to finance by any commercially reasonable means,

17  including the issuance of industrial development or revenue

18  bonds, the construction of additional medical facilities, the

19  purchase of medical-care-related equipment, and such other

20  classes of property in furtherance of the district's purposes.

21         Section 4.  Officers; meetings; records.--There shall

22  be a chair of the district board elected annually. The

23  district board may elect one of its members to serve as

24  secretary and treasurer or it may appoint some person not a

25  member of the district board to serve in that capacity. In the

26  absence of the chair or his or her inability to act at any

27  regular meeting, warrants may be signed by any other member of

28  the district board selected by the members present as chair

29  pro tem. Three members shall constitute a quorum, and a vote

30  of at least two members shall be necessary to the transaction

31  of any business of the district. A regular meeting of the

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004        (NP)                      SB 3146
    17-930A-04                                      See CS/HB 1449




 1  board shall be held annually. Additional meetings may be

 2  called by a majority of the board upon advance notice as

 3  provided by section 189.417, Florida Statutes. The members

 4  shall cause true and accurate minutes and records to be kept

 5  of all business transacted by them and shall keep full, true,

 6  and complete books of account and minutes, which minutes,

 7  records, and books of account shall at all reasonable times be

 8  open and subject to inspection; and any person desiring to do

 9  so may make or procure copies of the minutes, records, or

10  books of account, or such portions thereof as he or she may

11  desire; however, such records shall not include personnel and

12  medical records of a private and confidential nature. The

13  district board shall be empowered to destroy any of its

14  records, together with any of the records of the hospitals

15  owned and operated by the district board, if the records are

16  photographed or microfilmed prior to their destruction.

17         Section 5.  Hospital facilities.--The district board is

18  authorized to establish, construct, lease, operate, and

19  maintain any hospital or related medical care facility as, in

20  its opinion, shall be necessary for the use of the people of

21  the district. Said hospital or medical care facility shall be

22  established, constructed, leased, operated, and maintained for

23  the preservation of the public health, for the public good,

24  and for the use of the public of the district. The maintenance

25  of any hospital or related medical care facility within the

26  district is hereby found and declared to be a public purpose

27  and necessary for the preservation of the public health, the

28  public use, and the welfare of the district and inhabitants

29  thereof. The location of any hospital or related medical care

30  facility shall be determined by the district board. The

31  district board is authorized to accept any and all gifts,

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004        (NP)                      SB 3146
    17-930A-04                                      See CS/HB 1449




 1  loans, or advancements for the purchase of property, real or

 2  personal, for the construction, equipping, and maintenance of

 3  any hospital or related medical care facility established or

 4  acquired by the district board.

 5         Section 6.  Nurses' school.--The district board is

 6  authorized at any time in its discretion to establish and

 7  maintain in connection with any hospital, and as a part

 8  thereof, a training school for nurses and, upon completion of

 9  a prescribed course of training, shall give a diploma to

10  nurses who have satisfactorily completed the course. The

11  district board is authorized to set up all rules and

12  regulations necessary for the operation of a nurses' training

13  school and to make all necessary expenditures in connection

14  therewith.

15         Section 7.  Eminent domain.--The district board shall

16  have the power of eminent domain and may thereby condemn and

17  acquire any real or personal property within the territorial

18  limits of the district which the district board may deem

19  necessary for the use of the district. Such power of

20  condemnation shall be exercised in the same manner as is now

21  provided by general law for the exercise of power of eminent

22  domain by cities and towns of the state.

23         Section 8.  Indebtedness; short term.--The district

24  board may incur short-term indebtedness on behalf of the

25  district. Such indebtedness shall be in an amount determined

26  by the district board to be the most advantageous to the

27  district at the time of incurring such indebtedness and at a

28  rate of interest pursuant to section 215.84, Florida Statutes.

29         Section 9.  Certificates of indebtedness.--The district

30  board is authorized to issue certificates of this hospital

31  district in such form and denomination, and bearing such rates

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004        (NP)                      SB 3146
    17-930A-04                                      See CS/HB 1449




 1  of interest, for the purpose of raising funds to establish,

 2  maintain, operate, and construct any hospital or related

 3  medical care facility as the district board determines to be

 4  necessary for the hospital district.

 5         (1)  Any certificates issued by the district board

 6  shall:

 7         (a)  Bear rates of interest not to exceed 5 1/2 percent

 8  per annum.

 9         (b)  Become due not more than 30 years from the date of

10  issuance. Certificates may be made redeemable upon such terms

11  and conditions as the district board may in its judgment deem

12  appropriate.

13         (c)  Be in an aggregate amount not to exceed $750,000.

14         (2)  The principal and interest on the certificates

15  herein authorized shall, up to $50,000 annually, be payable

16  from racetrack funds accruing annually to DeSoto County and

17  specifically allocated to the hospital district pursuant to

18  chapter 550, Florida Statutes, and chapter 65-1105, Laws of

19  Florida.

20         (3)  The certificates so issued shall be and are hereby

21  constituted as legal investments for any state, county,

22  municipal, or other public funds, for any bank, savings bank,

23  trustee, executor, administrator, guardian, or any trust of

24  fiduciary funds whatsoever.

25         Section 10.  Checks and warrants.--The funds of the

26  district shall be paid out only upon warrants signed by the

27  chair or chair pro tem of the district board and having

28  thereto affixed the corporate seal of the district, which may

29  be an impression thereon or a facsimile thereof; and no

30  warrant shall be drawn or issued against funds of the district

31  except for a purpose authorized by this act. No such warrant

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004        (NP)                      SB 3146
    17-930A-04                                      See CS/HB 1449




 1  against funds of the district shall be drawn or issued until

 2  after the account or expenditure for which the same is to be

 3  given in payment has been ordered and approved by the district

 4  board at a meeting in which a quorum is present. The chair of

 5  the board is authorized to sign checks and warrants of the

 6  district by the facsimile signature machines for said purpose,

 7  provided that the checks and warrants are countersigned by the

 8  treasurer for the district.

 9         Section 11.  Expenses.--The district board is

10  authorized to pay from the funds of the district all expenses

11  of the organization of the district board and all expenses

12  necessarily incurred with the formation of the district and

13  all other reasonable and necessary expenses, including the

14  fees and expenses of an attorney in the transaction of the

15  business of the district, and in carrying out and

16  accomplishing the purposes of this act. This section, however,

17  shall not be construed to limit or destroy any of the powers

18  vested in the district board by any other section or provision

19  of this act.

20         Section 12.  Contracts; grants; donations.--Subject to

21  such provisions and restrictions as may be set forth in the

22  resolution authorizing or securing any bonds issued under the

23  provisions of this act, the district board shall have power to

24  enter into contracts with the Government of the United States

25  or any agency or instrumentality thereof or with the state or

26  any county, municipality, district, authority, or political

27  subdivision thereof or any private corporation, partnership,

28  association, or individual providing for or relating to the

29  construction or acquisition of additions, extensions, and

30  improvements to the hospital or related medical care facility

31  and any other matters relevant thereto or otherwise necessary

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004        (NP)                      SB 3146
    17-930A-04                                      See CS/HB 1449




 1  to effect the purposes of this act, and to receive and accept

 2  from any federal agency, state agency, or other public body

 3  grants or loans for or in aid of said purposes, and to receive

 4  and accept aid or contributions or loans from any other source

 5  of either money, property, labor, or other thing of value, to

 6  be held, used, and applied only for the purpose for which such

 7  grants, contributions, or loans may be made.

 8         Section 13.  Financial reports.--At least once each

 9  year the district board shall publish once in some newspaper

10  published in the district a complete detailed annual statement

11  of all moneys received and disbursed by the board since the

12  creation of the district as to the first published statement

13  and since the last published statement as to any other year.

14  The statement shall also show the several sources from which

15  the funds were received and shall show the balance on hand at

16  the time of the published statement. It shall show a complete

17  statement of the financial condition of the district.

18         Section 14.  Admission to facilities.--The hospital or

19  related medical facilities established under this act shall be

20  for the use and benefit of the residents of this district,

21  subject to the rules, regulations, and charges prescribed by

22  the district board which are in effect as of the date of

23  admission of a patient or patients to such a hospital or

24  related medical facility. Medical care and treatment for the

25  indigent in the district shall be and remain the primary

26  responsibility of DeSoto County, any authorization herein

27  contained for treatment of indigents to the contrary

28  notwithstanding, the district board of this district being

29  granted the authority to refuse such admission of indigents

30  when found by such district board not to be financially

31  practicable with due regard to the general financial condition

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004        (NP)                      SB 3146
    17-930A-04                                      See CS/HB 1449




 1  of the district. The district board is empowered to enter into

 2  and fulfill agreements with the Board of County Commissioners

 3  of DeSoto County for the admission and treatment of indigents

 4  upon such terms, costs, and charges as may be mutually agreed

 5  upon. The district board shall be authorized to accept moneys

 6  from any welfare funds provided for DeSoto County or moneys

 7  available to the indigent patients from a federal, state, or

 8  county agency or moneys available to DeSoto County from said

 9  governmental agencies for welfare and hospital purposes, for

10  the payment of costs of treatment and care of indigent

11  residents of the district as shall be admitted. The district

12  board may collect from patients financially able such charges

13  as the district board may from time to time establish. The

14  district board may extend the privileges and use of the

15  hospital or clinic to nonresidents of the district who shall

16  pay the rates established by the district board upon such

17  terms and conditions as the district board may provide.

18  However, residents of the district wherein the hospital or

19  clinic is located shall have first claim to admission. The

20  district board shall further have the power to furnish and

21  extend the benefits of the hospital and clinic services and

22  treatment to the homes of indigent residents of the district.

23  Each municipal corporation situated within the district and

24  the law enforcement agencies of DeSoto County shall be liable

25  to the district board for the occupancy, care, medicine, and

26  treatment of prisoners in the custody of the municipal

27  corporation or for county officers who are admitted to any

28  hospital operated by the district board.

29         Section 15.  Regulation of physicians, staff members,

30  and practitioners.--Realizing that factors other than

31  professional must enter into the qualifications of those who

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004        (NP)                      SB 3146
    17-930A-04                                      See CS/HB 1449




 1  practice medicine and surgery, the district board is

 2  authorized to set up rules, regulations, and bylaws for the

 3  operation of the hospital and hospital staff. The district

 4  board is authorized to grant or revoke licenses and privileges

 5  of staff members for practice in and about any hospital or

 6  other medical care facility maintained under this act, so that

 7  the welfare and health of patients and the best interests of

 8  the facility may at all times be best served. Privileges of

 9  staff membership and appointments thereto may be authorized or

10  granted by the district board. The district board is further

11  authorized to set up rules and regulations for the control of

12  all professional and nonprofessional employees of any hospital

13  or other medical care facility, which terms shall include

14  nurses on general duty or on private duty attending patients,

15  and all parties in the facility as employees in any manner in

16  attendance of patients.

17         Section 16.  Insurance; board liability.--The district

18  board may secure and keep in force in amounts it may

19  determine, in companies duly authorized to do business in

20  Florida, liability insurance covering vehicles, premises, and

21  malpractice. In consideration of the premium at which each

22  policy shall be written, it shall be a part of the policy

23  contract between the district board and the insurer that the

24  company shall not be entitled to the benefit of the defense of

25  governmental immunity for the insured by reason of exercising

26  a governmental function on any suit brought against the

27  insured.

28         Section 17.  Construction.--The provisions of this act

29  shall be liberally construed for accomplishing the work

30  authorized and provided for or intended to be and provided for

31  by this act and, where strict construction would result in the

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004        (NP)                      SB 3146
    17-930A-04                                      See CS/HB 1449




 1  defeat of the accomplishment of any part of the work

 2  authorized by this act and a liberal construction would permit

 3  or assist in the accomplishment thereof, the liberal

 4  construction of this act shall be chosen. This act shall not

 5  be deemed to repeal or supersede any other laws, but shall be

 6  supplemental authority to carry out the purposes of this act.

 7         Section 18.  Employee and pension benefits.--The DeSoto

 8  County Hospital District is authorized and empowered to create

 9  an employees' pension fund so as to provide for life and/or

10  disability and/or medical insurance for all or any of its

11  employees or officers on a group insurance, or other

12  acceptable plan, approved by the District Board of the DeSoto

13  County Hospital District and to establish and create by

14  resolution an employees' pension, hospitalization, and health

15  plan, annuity, and/or retirement plan for any and all groups

16  of officers and employees employed by the DeSoto County

17  Hospital District and qualifying for such plan, and to pay all

18  or such portion of the cost of any such employees' pension,

19  hospitalization, and health plan, annuity, and/or retirement

20  plan from the funds available to the district from its

21  authorized sources, with the employees defraying the balance

22  thereof, if any, as said district board by resolution may

23  determine for any and all groups of officers and employees

24  employed by the DeSoto County Hospital District.

25         Section 4.  Chapters 65-1450, 69-1011, 71-605, 73-443,

26  78-498, 82-288, and 89-493, Laws of Florida, are repealed.

27         Section 5.  This act shall take effect upon becoming a

28  law.

29  

30  

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.