HB 0837 2004
1	A bill to be entitled
2	An act relating to the West Volusia Hospital Authority;
3	codifying, amending, reenacting, and repealing the prior
4	special acts of the authority, an independent special tax
5	district in Volusia County; providing legislative intent;
6	providing minimum charter requirements in accordance with
7	s. 189.404(3), F.S.; eliminating full faith and credit and
8	ad valorem tax bonding capacity; revising indigence
9	provisions; clarifying purpose and powers; harmonizing
10	with general law; reducing maximum allowable millage rate;
11	repealing all prior special acts related to the West
12	Volusia Hospital Authority; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Pursuant to section 189.429, Florida Statutes,
17	this act constitutes the codification of all special acts
18	relating to the West Volusia Hospital Authority, an independent
19	special tax district. It is the intent of the Legislature in
20	enacting this law to provide a single, comprehensive special act
21	charter for the authority including all current legislative
22	authority granted to the district by its several legislative
23	enactments and any additional authority granted by this act. It
24	is further the intent of this act to preserve all district
25	authority in addition to any authority contained in general law.
26	Section 2. Chapters 27949 (1951), 57-1929, 57-2085, 59-
27	1949, 61-2974, 63-2014, 65-2344, 67-2152, 69-1696, 69-1698, 71-
28	951, 71-955, 82-383, 88-473, and 96-455, Laws of Florida, are
29	codified, reenacted, repealed, and amended as herein provided.
30	Section 3. The West Volusia Hospital Authority is re-
31	created and the charter for the authority is re-created and
32	reenacted to read:
33	Section 1. An independent special tax district is hereby
34	created and incorporated to be known as "The West Volusia
35	Hospital Authority" in Volusia County for the purpose of, either
36	directly or through third parties, providing access to
37	healthcare for indigent residents of the district (“purpose”).
38	Health care is to be provided or overseen by licensed health
39	care professionals or entities and may only be provided for
40	nonindigents and nonresidents incidental to the provision of
41	services to indigent residents of the district. This purpose is
42	hereby found and declared to be a public purpose and necessary
43	for the general welfare of the residents of the district, which
44	the district shall embrace and include the following described
45	property in Volusia County, to wit:
46	Commencing at a point on the East Shore of Lake George
47	where same is intersected by the Putnam-Volusia County
48	line and run Northeasterly with the line to the
49	Southern-most point of Lake Crescent; thence East with
50	shore line of Lake Crescent to the mouth of Haw Creek;
51	thence up the Creek to its intersection with the East
52	line of Range 28 East; run thence South with the range
53	line (it being the Flagler-Volusia County line) to the
54	Northwest corner of Section 30, Township 14 South
55	Range 29 East; thence run East 12 miles to the
56	Northeast corner of Section 25, Township 14 South
57	Range 30 East; thence run South two miles to the
58	Southeast corner of Township 14 South Range 30 East;
59	thence run West along the Township line to the
60	Northeast corner of Township 15 South Range 30 East;
61	thence run South with the range line between Ranges 30
62	and 31 East about six miles to the Southeast corner of
63	Township 15 South Range 30 East; run thence East along
64	the North line of Township 16 South Range 31 East
65	about six miles to the Northeast corner of the
66	Township 16 South Range 31 East; run thence South on
67	the range line between Ranges 31 and 32 East about
68	twelve miles to the Southeast corner of Township 17
69	South Range 31 East; run thence East with the line
70	between Townships 17 and 18 South to the Northeast
71	corner of Township 18 South Range 32 East; run thence
72	South on the range line between Ranges 32 and 33 East
73	to the Southeast corner of Township 18 South Range 32
74	East; run thence East on the line between Township 18
75	South Range 33 East and Township 19 South Range 33
76	East about three miles to the Northeast corner of
77	Section 4 Township 19 South Range 33 East. Run thence
78	South on the East line of Sections 4-9-16-21-28 and
79	33, Township 19 South Range 33 East to the Southeast
80	corner of Section 33, Township 19, South Range 33
81	East; run thence east on the line between Township 19
82	South Range 33 East and Township 20 South Range 33
83	East to the Northeast corner of Township 20 South
84	Range 33 East; run thence South on the East line of
85	Township 20 South Range 33 East and along the East
86	line of Township 21 South Range 33 East to the
87	Southeast corner of Section 36, Township 21 South
88	Range 33 East; run thence West along the South line of
89	Township 21 South Range 33 East to the intersection of
90	the Township line with the St. Johns River; thence run
91	down the St. Johns River in a generally Northwesterly
92	direction to Lake George and with the East Shore line
93	of the Lake George to the place of beginning. All of
94	the above described property lying and being in the
95	County of Volusia, State of Florida.
96	Section 2. The governing body of the West Volusia Hospital
97	Authority shall consist of five commissioners who shall be
98	qualified residing in the district. At the general election held
99	in the year A.D. 1962, there were elected five commissioners,
100	three of whom were elected for a term of 2 years, and which
101	commissioners were identified as Group A; and two of whom were
102	elected for a term of 4 years, and which commissioners were
103	identified as Group B. Candidates shall identify themselves to
104	either Group A or Group B. Thereafter, in subsequent elections,
105	each commissioner shall be elected for a term of 4 years. Each
106	commissioner shall give bond to the Governor for the faithful
107	performance of his or her duties in the sum of $5,000, with a
108	surety company qualified to do business in the state as surety,
109	which bond shall be approved and kept by the Clerk of the
110	Circuit Court of Volusia County. The premiums on the bonds shall
111	be paid as part of the expenses of the district.
112	(1) The commissioners in Group A and Group B shall qualify
113	for and be elected to the office of commissioner on a
114	nonpartisan basis by qualifying in groups as provided by section
115	101.254, Florida Statutes, as candidates in a primary election
116	to be held at the time of the first state primary election,
117	prior to the general election, and in the general election in
118	the same manner as provided by Florida law for the election of
119	nonpartisan county officers in the County of Volusia.
120	(2) Should a vacancy or vacancies in the office of a
121	commissioner on the board of commissioners arise by reason of
122	the death, resignation, absence, or mental or physical
123	disability or incompetency of a member or members of the board
124	for a period of 6 months or more, the board shall by majority
125	action of the remaining members appoint a commissioner or
126	commissioners to fill any vacancy or vacancies in office from
127	among the qualified persons residing in the district to serve
128	until the expiration of the term of each such vacancy in office,
129	or until the election and qualification of a successor or
130	successors following the next general election. Should the
131	remaining board members be unable to appoint a commissioner or
132	commissioners to fill any vacancy or vacancies in office from
133	among the qualified persons residing in the district after 45
134	days from the vacancy's occurrence, then the vacancy or
135	vacancies shall be filled by the Governor pursuant to section
136	114.04, Florida Statutes, as it may be amended from time to
137	time, such qualified person or persons to serve until the
138	expiration of the term of each such vacancy in office, or until
139	the election and qualification of a successor or successors
140	following the next general election. In the event that under the
141	laws of the state a general election is to be held after the
142	creation of a vacancy in the office of commissioner and before
143	the expiration of the term of that office, as provided by the
144	sections of this act assigning such office to Group A or Group
145	B, a person or persons shall be nominated and elected to fill
146	out the balance of the term of the vacancy in office and to
147	succeed in that office and for that term, the person or persons
148	appointed by the hospital commissioners. Such nomination and
149	election shall be carried out in the same manner as is provided
150	for in this act for the nomination and election of hospital
151	commissioners, except that the primary and general election
152	ballot shall identify the candidate for such vacancy in office
153	by the group to which such office is assigned by the provisions
154	of this act. Nothing herein shall be construed to prevent a
155	person appointed by the board of commissioners from being a
156	candidate to succeed himself or herself in the office to which
157	he or she was appointed.
158	(3) The board of commissioners shall take office and
159	organize at the first meeting in the month of January of each
160	year by the election from among their number a chair, vice
161	chair, secretary, treasurer, and such other officers as the
162	board may deem necessary to accomplish the purposes of this act.
163	All such officers shall serve for the year in which elected and
164	until their successors are elected and installed.
165	Section 3. (1) The Board of Commissioners of the West
166	Volusia Hospital Authority shall have all the powers of a body
167	corporate, including the power to sue and be sued under the name
168	of the West Volusia Hospital Authority; to contract and be
169	contracted with; to adopt and use a common seal and to alter the
170	same at pleasure; to acquire, purchase, hold, lease, sell, and
171	convey such real and personal property as the board may deem
172	proper or expedient to carry out the purposes of this act; to
173	appoint and employ a qualified hospital administrator whose
174	qualifications are approved by the board of commissioners as
175	being in the best interest of the hospital; to provide for the
176	election of a chief of staff by the medical staff of the
177	hospital and employ such other agents and employees as the board
178	may deem advisable; and to borrow money and issue notes, bonds,
179	and other evidences of indebtedness of the district to carry out
180	the provisions of this act in the manner hereinafter provided.
181	(2) Realizing that factors other than professional must
182	enter into the qualifications of those who practice medicine,
183	surgery, and dentistry, the Board of Commissioners of the West
184	Volusia Hospital Authority are hereby authorized and empowered
185	to set up rules, regulations, and bylaws for the operation of
186	the hospital and the medical and dental staffs. The board of
187	commissioners is authorized to give, grant, limit, or revoke
188	membership on the medical or dental staff or the privileges of
189	medical or dental staff members for practicing in or about the
190	hospital under this act. So that the welfare and health of
191	patients and the best interests of the hospital may at all times
192	be best served, privileges of medical or dental staff membership
193	and appointment to the medical or dental staff may be
194	authorized, granted, limited, or revoked by the board of
195	commissioners and shall be made for a period of 1 year or until
196	the end of the fiscal year of the hospital or until the end of
197	such probationary period as the board shall determine. It shall
198	be the duty of the medical and dental staffs of the hospital to
199	organize in the manner prescribed by the board of commissioners
200	of this district. The board of commissioners is further
201	authorized and empowered to set up rules and regulations for the
202	control of all professional and nonprofessional employees of the
203	hospital, which terms shall include nurses on general duty or on
204	private duty attending patients, and all parties in the
205	hospital, either as employees or in any manner in attendance of
206	patients.
207	(3) Three of the commissioners shall constitute a quorum,
208	and a vote of at least two of the commissioners shall be
209	necessary for the transaction of any business of the district.
210	The commissioners shall cause true and accurate minutes and
211	records to be kept of all business transacted by them, and shall
212	keep full, true, and complete books of account and minutes,
213	which minutes, records, and books of account shall at all
214	reasonable times be open and subject to the inspection of
215	inhabitants of the district; and any person desiring to do so
216	may make or procure copy of the minutes, records, or books of
217	account, or such portions thereof as he or she may desire.
218	Section 4. The board of commissioners is hereby authorized
219	and empowered to establish, construct, operate, and maintain
220	such hospital and hospitals as in their opinion shall be
221	necessary for the use of the people of the district. Said
222	hospital or hospitals shall be established, constructed,
223	operated, and maintained by the board of commissioners for the
224	preservation of the public health and for the public good and
225	for the use of the public of the district. Maintenance of such
226	hospital or hospitals within the district is hereby found and
227	declared to be a public purpose and necessary for the
228	preservation of the public health and for the public use and for
229	the welfare of the district and inhabitants thereof. The
230	location of the hospital or hospitals shall be determined by the
231	board.
232	(1) The term "hospital" or "hospitals," as used in this
233	act, shall mean one or more health care institutions, including
234	hospitals, extended care institutions, and outpatient care
235	institutions, whether or not located in a single building, which
236	shall have some or all of the following: an organized medical
237	staff with permanent facilities that include inpatient beds and
238	with medical services including physicians' services and
239	continuing nursing services to provide diagnosis and treatment
240	for patients who have a variety of medical conditions, including
241	both those who require inpatient care and those who are
242	primarily ambulatory, whether or not such patients require
243	continuous hospital services, including the furnishing and
244	staffing with professional and nonprofessional personnel of both
245	outpatient and inpatient emergency departments.
246	(2) The term "operate and maintain," as used in this act,
247	shall mean to administer, supervise, control, and manage the
248	hospital or hospitals referred to by this act and to obtain,
249	construct, employ, furnish, and replenish the equipment,
250	facilities, including buildings, and professional and
251	nonprofessional personnel, including licensed physicians,
252	required to provide the services, treatment, and facilities
253	related to such hospital and hospitals as defined in this act.
254	Section 5. In order to carry out the purpose of this act,
255	and notwithstanding other provisions of this act, and in
256	extension and not in limitation of the provisions contained in
257	any other section of this act:
258	(1) The board of commissioners may acquire, construct,
259	reconstruct, extend, make additions to, enlarge, improve,
260	repair, remodel, restore, equip, and furnish hospital and other
261	health care facilities now or hereafter located in the district
262	and which are or may be owned by or under the supervision,
263	operation, and control of the district. For the purposes of this
264	section, the term "hospital" or "health care facilities" means
265	any real property or interest therein, building, structure,
266	facility, machinery, equipment, furnishings, or other property
267	suitable for use by the district in connection with its
268	operations or proposed operations, including, without
269	limitation, real property therefor, a clinic, computer facility,
270	food service and preparation facility, health care facility,
271	long-term care facility, hospital, interns' residence, nursing
272	home, nursing school, office, professional office building,
273	parking structure and area, pharmacy, recreational facility,
274	research facility, storage facility, utility, or x-ray facility,
275	or any combination of the foregoing, and other structures or
276	facilities related thereto or required or useful for health care
277	purposes, the conducting of research, or the operation of a
278	hospital or other health care facility, including facilities or
279	structures essential or convenient for the orderly conduct of
280	such hospital or other health care facility and other similar
281	items necessary or convenient for the operation of a particular
282	facility or structure in the manner for which its use is
283	intended.
284	(2) The board of commissioners shall provide for the
285	health or mental health care of indigents and provide such other
286	health or mental health related services for indigents in such
287	manner as the board selects, including the purchase of
288	institutional services from any private or publicly owned
289	medical facility, as the board determines are needed for the
290	general welfare of the residents of the district.
291	(3) The board of commissioners may collect information and
292	statistical data that will be helpful to the board and the
293	county in deciding the health or mental health care needs in the
294	county.
295	(4) The board of commissioners may assume funding for the
296	county's share of state or federal indigent health or mental
297	health care programs for district residents which require
298	financial participation by the county.
299	(5) The board of commissioners may issue negotiable
300	revenue bonds of the district for the purpose of paying or
301	refinancing all or any part of the cost of any hospital or other
302	health care facility. In anticipation of the sale of such
303	revenue bonds, the district may issue negotiable bond
304	anticipation notes and may renew the same from time to time, but
305	the maximum maturity of any such note, including renewals
306	thereof, shall not exceed 50 years from the date of issue of the
307	original note. Such notes shall be paid from any revenues or
308	other funds of the district legally available therefor and not
309	otherwise pledged or from the proceeds of sale of the revenue
310	bonds of the district in anticipation of which they were issued.
311	The notes shall be issued in the same manner as the revenue
312	bonds. Such notes and the resolution authorizing them may
313	contain any provisions, conditions, or limitations which a bond
314	resolution of the board of commissioners may contain.
315	(a) The revenue bonds and notes of every issue shall be
316	payable solely out of revenues derived by the district from
317	hospital and other health care facilities within the district
318	and owned by or under the supervision, operation, and control of
319	the district, together with any other funds of the district
320	legally available for the purpose. Notwithstanding that revenue
321	bonds and notes may be payable from a special fund, they shall
322	be for all purposes negotiable instruments, subject only to any
323	provisions of the revenue bonds and notes for registration.
324	(b) The revenue bonds may be issued as serial bonds, as
325	term bonds, or otherwise, or the board of commissioners may
326	issue bonds of all types. The revenue bonds shall be authorized
327	by resolution of the board of commissioners and shall bear such
328	date; mature at such time not exceeding 50 years from their
329	respective dates; bear interest at such rates, including
330	variable rates, but not exceeding the maximum rate permitted by
331	law at the time of issuance; be payable at such time; be in such
332	denominations; be in such form, either coupon or registered or
333	both; carry such registration privileges and conversion or
334	exchange privileges; be executed in such manner; be payable in
335	lawful money of the Unites States at such place; and be subject
336	to such terms of redemption, including redemption prior to
337	maturity, as such resolution may provide. The board of
338	commissioners shall determine the form and manner of execution
339	of the bonds, including any interest coupons to be attached
340	thereto, and shall fix the denomination of the bonds and the
341	place of payment of principal and interest, which may be at any
342	bank or trust company within or without the state. In case any
343	officer whose signature, or a facsimile of whose signature,
344	appears on any bonds or coupons ceases to be such officer before
345	the delivery of such bonds, such signature or facsimile shall
346	nevertheless be valid and sufficient for all purposes the same
347	as if he or she had remained in office until such delivery. The
348	board of commissioners may also provide for the authentication
349	of the bonds by a trustee or fiscal agent. The revenue bonds or
350	notes may be sold in such manner, either at public or private
351	sale, and for such price as the board of commissioners
352	determines. Pending preparation of the definitive bonds, the
353	board of commissioners may issue interim receipts or
354	certificates which may be exchanged for such definitive bonds.
355	(c) The board of commissioners may require that any issue
356	of revenue bonds be secured by a trust agreement by and between
357	the district and a corporate trustee, which may be any trust
358	company or bank having the powers of a trust company within or
359	without the state. Such trust agreement or resolution may pledge
360	or assign all or any part of the revenues and other funds of the
361	district legally available for the payment of such revenue
362	bonds. The resolution may contain such provisions for protecting
363	and enforcing the rights and remedies of the bondholders as may
364	be reasonable and proper and not in violation of law, including
365	covenants setting forth the duties of the district in relation
366	to the acquisition, construction, improvement, maintenance,
367	operation, repair, equipping, and insurance of the facilities;
368	the fees and other charges to be fixed and collected for the use
369	of any facility or part thereof; the sale of any facility or
370	part thereof or other property; the terms and conditions for the
371	issuance of additional bonds; and the custody, safeguarding, and
372	application of all moneys. Any bank or trust company
373	incorporated under the laws of the state which may act as such
374	depository may furnish such indemnity bonds or may pledge such
375	securities as may be required by the board of commissioners.
376	Such resolution or trust agreement may set forth the rights and
377	remedies of the bondholders and the trustee and may restrict the
378	individual right of action by the bondholders. In addition, such
379	resolution or trust agreement may contain such other provisions
380	as the board of commissioners may deem reasonable and proper for
381	the security of the bondholders. All expenses incurred in
382	carrying out such trust agreement or resolution may be treated
383	as a part of the cost of the facility in connection with which
384	such bonds are issued or as part of the expense of operation of
385	such facility. The resolution or trust agreement providing for
386	the issuance of the revenue bond may also contain such
387	limitations upon the issuance of additional revenue bonds as the
388	board of commissioners may deem proper, and such additional
389	bonds shall be issued under such restrictions or limitations as
390	may be prescribed by such resolution or trust agreement.
391	(d) Revenue bonds issued under the provisions of this
392	section shall not be deemed to constitute a debt, liability, or
393	obligation of the district, Volusia County, or the state, or any
394	political subdivision thereof, or a pledge of the faith and
395	credit or the taxing power of the district, Volusia County, or
396	of the state, or any political subdivision thereof, but shall be
397	payable solely from the revenue and funds provided therefor. All
398	such revenue bonds shall contain on the face thereof a statement
399	to the effect that the district shall not be obligated to pay
400	the same or the interest thereon except from the revenues and
401	other funds of the district provided for such payment, and that
402	neither the faith and credit nor the taxing power of the
403	district, nor of Volusia County, nor of the state, nor any
404	political subdivision thereof, is pledged to the payment of the
405	principal or of the interest on such bonds. The issuance of
406	revenue bonds under the provisions of this section shall not
407	directly, indirectly, or contingently obligate the district,
408	Volusia County, or the state, or any political subdivision
409	thereof, to levy or to pledge any form of taxation whatever nor
410	make any appropriation for their payment.
411	(e) All bonds issued under the provisions of this section
412	shall have all the qualities and incidents, including
413	negotiability, of investment securities under the Uniform
414	Commercial Code, but no provision of such code respecting the
415	filing of a financing statement to perfect a security interest
416	shall be necessary for, or applicable to, any security interest
417	created in connection with the issuance of any such bonds.
418	(f) The exercise of the powers granted by this section
419	shall be in all respects for the benefit of the people of this
420	state; for the increase of their commerce, welfare, and
421	prosperity; for the improvement of their health and living
422	conditions; and because the operation and maintenance of
423	hospital and other health care facilities by the district will
424	constitute the performance of an essential public and
425	governmental purpose. Any bonds issued under the provisions of
426	this section, together with interest, their transfer, and the
427	income therefrom, including any profit made on the sale thereof,
428	shall at all times be free from taxation of every kind by the
429	state, Volusia County, and municipalities and other political
430	subdivisions in the state, except for those taxes imposed by
431	chapter 220, Florida Statutes, on interest, income, or profits
432	on debt obligations owned by corporations.
433	(g) The board of commissioners may provide for the
434	issuance of revenue bonds of the district for the purpose of
435	refunding any of its revenue bonds then outstanding, including
436	the payment of any redemption premium thereon and any interest
437	accrued or to accrue to the earliest or subsequent date of
438	redemption, purchase, or maturity of such revenue bonds. The
439	proceeds of any such revenue bonds issued for such purpose may,
440	in the discretion of the board of commissioners, be applied to
441	the purchase or retirement at maturity or redemption of such
442	outstanding revenue bonds either on their earliest or any
443	subsequent redemption date, or upon the purchase, or at the
444	maturity thereof, and may, pending such application, be placed
445	in escrow to be applied to such purchase or retirement at
446	maturity or redemption on such date as may be determined by the
447	board of commissioners, and pending such application to
448	purchase, retirement or redemption may be invested and
449	reinvested in securities selected by or in such manner as the
450	board of commissioners may provide.
451	(h) Bonds issued by the board of commissioners under the
452	provisions of this section are hereby made securities in which
453	all public officers and public bodies of the state and its
454	political subdivisions and all banks, trust companies, bankers,
455	banking associations, savings banks and institutions, building
456	and loan associations, savings and loan associations, investment
457	companies, and other persons carrying on a banking or investment
458	business; all insurance companies, insurance associations, and
459	other persons carrying on an insurance business; and all
460	executors, administrators, curators, trustees, and other
461	fiduciaries may properly and legally invest funds, including
462	capital in their control or belonging to them. Such bonds are
463	hereby made securities which may properly and legally be
464	deposited with and received by any state or municipal officer or
465	any agency or political subdivision of the state for any purpose
466	for which the deposit of bonds or obligations of the state is
467	now or may hereinafter be authorized by law.
468	(6) No election in the district shall be required as a
469	condition precedent to the exercise by the board of
470	commissioners of any of the powers conferred by this section
471	unless such election shall be required by the Florida
472	Constitution.
473	(7) Revenue bonds may be issued under the provisions of
474	this section without obtaining, except as otherwise expressly
475	provided in this section, the consent of any department,
476	division, commission, board, body, bureau, or agency of the
477	state, or any political subdivision thereof, and without any
478	other proceedings or the happening of any conditions or things
479	other than those proceedings, conditions, or things which are
480	specifically required by this section and the provisions of the
481	resolution authorizing the issuance of such bonds or the trust
482	agreement securing the same.
483	(8) This section shall be deemed to provide an additional
484	and alternative method for the doing of the things authorized
485	hereby and shall be regarded as supplemental and additional to
486	powers conferred by other laws.
487	Section 6. In the course of the operation and maintenance
488	of the health care facilities as defined by this act, including,
489	but not limited to, section 4 and including all hospitals and
490	facilities owned and operated by the authority, the term
491	"operate and maintain," as defined in section 4, shall include:
492	(1) The West Volusia Hospital Authority may advise the
493	public and medical community of the medical, hospital, or other
494	services and accommodations available at the facilities owned or
495	operated by the West Volusia Hospital Authority, as defined by
496	this act, by paying for the use of the media, including, but not
497	limited to, newspapers, radio, television, videotape, audio
498	tape, direct mail, handbills, leaflets, billboards, advertising
499	signs, advertisements and announcements in magazines, brochures,
500	trade publications, programs of public events, and by other
501	means and mechanisms similar to the uses and the media
502	enumerated, reaching the same or similar audiences as those
503	reached by the media enumerated.
504	(2) The West Volusia Hospital Authority is authorized to
505	create such award programs as the authority shall deem desirable
506	for the purpose of rewarding the employees and staff of the
507	facilities and hospitals owned or operated by the authority for
508	their services to such facilities or hospitals. Such awards may
509	include, but not be limited to, certificates of recognition,
510	pins, emblems, and insignia, as well as the grant of special
511	compensation or privileges.
512	(3) The West Volusia Hospital Authority is authorized to
513	make available to patients, visitors, staff, and employees
514	services and products, including, but not limited to, foods,
515	coffee, and other beverages as the authority shall deem
516	advisable; to promote good will and the use of hospital services
517	by the public; and the cooperation of the employees and staff in
518	furnishing services to and for the benefit of the hospital or
519	other facilities enumerated in this act or to the general
520	public, which shall include, but not be limited to, the
521	furnishing of beverage and food products to meetings, patients,
522	and the relatives of patients, pursuant to a program approved by
523	the authority, either for the specific instance or according to
524	a policy adopted by the authority which permits the exercise of
525	discretion by the hospital administrator or persons designated
526	by such administrator.
527	(4) The authority is authorized to advance the costs of
528	employees and staff members of the hospitals and medical
529	facilities owned and operated by the authority attending
530	educational programs and seminars, according to policy
531	established by the authority, which may include the costs of the
532	seminars, per diem, and traveling.
533	(5) The authority may require that physical inventories be
534	performed periodically instead of annually, at such times and in
535	such manner as shall be determined by the authority, but in
536	accordance with generally accepted accounting principles.
537	Section 7. The board shall have the power of eminent
538	domain, and may thereby condemn and acquire any real or personal
539	property which the board may deem necessary for the use of the
540	district, whether within or without the district. Such power of
541	condemnation shall be exercised in the same manner as is now
542	provided by the general law for the exercise of the power of
543	eminent domain by cities and towns of the state.
544	Section 8. The board of commissioners is hereby authorized
545	and empowered to borrow money from time to time in order to
546	provide for and carry out the purposes of this act. The district
547	may issue the notes of the district, determine the aggregate
548	amount of principal therefor, and set terms and rates of
549	interest.
550	Section 9. The funds of the district shall be paid out
551	only upon warranty signed by two members of the board of
552	commissioners or by the hospital administrator and one member of
553	the board of commissioners and having thereto affixed the
554	corporate seal of the district, which may be a facsimile or
555	printed, and no warranty shall be drawn or issued against funds
556	of the district except for the purpose authorized by this act.
557	No such warrant against funds of the district shall be drawn or
558	issued until after the account or expenditure for which the same
559	is to be given in payment has been ordered and approved by the
560	board of commissioners. No funds of the district shall be paid
561	to a member of the board of commissioners as compensation for
562	his or her services in that office excepting only the necessary
563	expense of travel in the performance of the duties of his or her
564	office, including attendance at meetings or conventions relating
565	to the duties of his or her office, when such travel is
566	authorized by a standing or special resolution adopted by the
567	board of commissioners.
568	Section 10. It shall be the duty of the board of
569	commissioners to annually assess and levy against the taxable
570	property within the district a tax to be collected and paid into
571	the district fund and used by the board of commissioners for the
572	purpose of this act, including the operation, maintenance,
573	repair, and construction of a hospital or hospitals established
574	as authorized by this act, or for the payment of any outstanding
575	indebtedness authorized by section 8, or for the payment of
576	other necessary expenses in carrying on and transacting the
577	business of the district. However, the rate of taxation per
578	annum under the taxing authority granted to the Board of
579	Commissioners of the West Volusia Hospital Authority by this
580	section for the purpose of this act, including the operating,
581	maintaining, repairing, and constructing of any hospital or
582	hospitals established as authorized by this act or for the
583	payment of any outstanding indebtedness authorized by section 8,
584	or for the payment of other necessary expenses in carrying on
585	and transacting the business of the district, shall not exceed 4
586	mills on the dollar of the valuation of the taxable property
587	within the district.
588	Section 11. The levy by the board of the taxes authorized
589	by any provision of this act shall be by resolution of the board
590	duly entered upon the minutes of the board. Certified copies of
591	such resolution executed in the name of the board by its chair,
592	under its corporate seal, shall be made and delivered to the
593	County Council of Volusia County, Florida, and to the Florida
594	Department of Revenue in the same manner and within the same
595	time period as required by independent special districts
596	pursuant to general law. The county council shall order and
597	require the tax collector of the county to assess and to collect
598	the amount of taxes so assessed or levied by the Board of
599	Commissioners of the West Volusia Hospital Authority upon the
600	nonexempt property in the district, at the rate of taxation as
601	fixed, levied, and adopted by the board of commissioners of the
602	district for the year and included in the warrant of the
603	property appraiser and attached to the assessment roll of taxes
604	for the county each year. The Tax Collector of Volusia County
605	shall collect such tax so levied by the board in the same manner
606	as other taxes are collected, and shall remit the taxes
607	collected to the district within the time and in the manner
608	prescribed by law for the collection and handling of taxes. All
609	revenues so collected shall be held, used, invested, and
610	disbursed by the district as provided in this act or as
611	otherwise provided by law.
612	Section 12. The board is authorized to pay from the funds
613	of the district all expenses of the organization of the board
614	and all expenses necessarily incurred with the formation of the
615	district and all other reasonable and necessary expenses,
616	including the fees and expenses of an attorney in the
617	transaction of the business of the district, and in carrying out
618	and accomplishing the purposes of this act. This section,
619	however, shall not be construed to limit or restrict any of the
620	powers vested in the board of commissioners by any other section
621	or provision of this act.
622	Section 13. At least once in each year the board of
623	commissioners shall publish once in some newspaper published in
624	the district a complete detailed statement of all moneys
625	received and disbursed by the board since the creation of the
626	district as to the first published statement and since the last
627	published statement as to any other year. Such statements shall
628	also show the several sources from which the funds were received
629	and shall show the balance on hand at the time of the published
630	statement. It shall also show a complete statement of the
631	condition of the district.
632	Section 14. Each hospital and clinic established under
633	this act shall be for the use and benefit of the indigent sick
634	and other residents of the district. Such residents shall be
635	admitted to such hospital and clinic and be entitled to medical
636	care without charge, subject to the rules and regulations
637	prescribed by the board of commissioners. Such hospitals and
638	clinics shall care for and treat without charge or,
639	alternatively, for a reduced charge according to a sliding
640	scale, patients who are found by such board of commissioners to
641	be indigent, but the board may collect from financially able
642	patients such charges as the board of commissioners may from
643	time to time establish. The board of commissioners shall have
644	the power to extend the benefits and privileges of such
645	hospitals and clinics and treatment and outpatient department to
646	the homes of the indigent residents of such county. Said board
647	of commissioners may extend the privileges and use of such
648	hospitals and clinics to nonresidents of such district upon such
649	terms and conditions as the board may from time to time by its
650	rules and regulations provide; provided, however, that the
651	indigent residents of the district wherein such hospital and
652	clinic are located shall have the first claim to admission.
653	Section 15. It is intentional that the provisions of this
654	act shall be liberally construed for accomplishing the work
655	authorized and provided for or intended to be provided for in
656	this act, and where strict construction would result in the
657	defeat of the accomplishment of any party of the work authorized
658	by this act, and a liberal construction would permit or assist
659	in the accomplishment thereof, the liberal construction shall be
660	chosen.
661	Section 16. Any and all bonds issued under the provisions
662	of this act may be validated by the Board of Commissioners of
663	the West Volusia Hospital Authority under and in accordance with
664	the provisions of the general laws of Florida, in the same
665	manner as is therein provided for validation of bonds, etc., by
666	any county, municipality, or taxing district, etc., of the
667	state.
668	Section 17. The district and the board of commissioners of
669	the district shall have the power to purchase, construct and
670	erect, lease, equip, operate, and maintain or manage a hospital
671	or hospitals in the district for the care of the sick or infirm
672	or those suffering from any disease or injury to or of the body
673	or mind.
674	Section 18. In accordance with section 189.404(3), Florida
675	Statutes, the following subsections shall constitute the minimum
676	charter requirements for the district:
677	(1) The district is organized and exists for the purpose
678	set forth in this act, as it may be amended from time to time.
679	(2) The powers, functions, and duties of the district,
680	including, but not limited to, ad valorem taxation, bond
681	issuance, other revenue-raising capabilities, budget preparation
682	and approval, liens and foreclosure of liens, use of tax deeds
683	and tax certificates as appropriate for non-ad valorem
684	assessments, and contractual agreements shall be as set forth in
685	this act, chapters 189 and 197, Florida Statutes, or any other
686	applicable general or special law, as they may be amended from
687	time to time.
688	(3) The district was created by special act of the Florida
689	Legislature by chapter 57-2085, Laws of Florida, as amended.
690	(4) The district's charter may be amended only by special
691	act of the Legislature.
692	(5) In accordance with chapter 189, Florida Statutes, and
693	this act, the district is governed by a five-member board of
694	commissioners as provided for herein.
695	(6) The compensation of the board of commissioners shall
696	be as provided for by this act.
697	(7) The administrative duties of the board of
698	commissioners shall be as set forth in this act and chapter 189,
699	Florida Statutes, as they may be amended from time to time.
700	(8) Requirements for financial disclosure, meeting
701	notices, reporting, public records maintenance, and per diem
702	expenses for officers and employees shall be as set forth in
703	chapters 112, 119, 189, and 286, Florida Statutes, and this act,
704	as they may be amended from time to time.
705	(9) The procedures and requirements governing the issuance
706	of bonds, notes, and other evidence of indebtedness by the
707	district shall be as set forth in this act, and applicable
708	general laws, as they may be amended from time to time.
709	(10) The procedures for conducting district elections and
710	for qualification of electors shall be pursuant to this act and
711	chapter 189, Florida Statutes, as they may be amended from time
712	to time.
713	(11) The district may be financed by any method
714	established in this act, and applicable general laws, as they
715	may be amended from time to time.
716	(12) The district does not collect non-ad valorem
717	assessments, fees, or service charges as set forth in chapter
718	197, Florida Statutes.
719	(13) The district's planning requirements shall be as set
720	forth in chapter 189, Florida Statutes, and this act, as they
721	may be amended from time to time.
722	(14) The district's geographic boundary limitations shall
723	be as set forth in this act.
724	(15) This section shall not be construed to limit or
725	restrict any of the powers vested in the board of commissioners
726	by any other section or provision of this act.
727	Section 4. If any provision of this act or the application
728	thereof to any person or circumstance is held invalid, the
729	invalidity shall not affect other provisions or applications of
730	the act which can be given effect without the invalid provision
731	or application, and to this end the provisions of this act are
732	declared severable.
733	Section 5. This act shall be construed as a remedial act
734	and shall be liberally construed to promote the purpose for
735	which it is intended.
736	Section 6. Chapters 27949 (1951), 57-1929, 57-2085, 59-
737	1949, 61-2974, 63-2014, 65-2344, 67-2152, 69-1696, 69-1698, 71-
738	951, 71-955, 82-383, 88-473, and 96-455, Laws of Florida, are
739	repealed.
740	Section 7. This act shall take effect upon becoming a law.