HB 0837

CS

CHAMBER ACTION

1	The Committee on Local Government & Veterans' Affairs recommends
2	the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the West Volusia Hospital Authority;
8	codifying, amending, reenacting, and repealing the prior
9	special acts of the authority, an independent special tax
10	district in Volusia County; providing legislative intent;
11	providing minimum charter requirements in accordance with
12	s. 189.404(3), F.S.; eliminating full faith and credit and
13	ad valorem tax bonding capacity; revising indigence
14	provisions; clarifying purpose and powers; conforming to
15	general law requirements; providing severability;
16	providing for liberal construction; repealing all prior
17	special acts related to the West Volusia Hospital
18	Authority; providing for a referendum on lowering the
19	millage rate; providing a ballot statement; providing
20	effective dates.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Pursuant to section 189.429, Florida Statutes,
25	this act constitutes the codification of all special acts
26	relating to the West Volusia Hospital Authority, an independent
27	special tax district. It is the intent of the Legislature in
28	enacting this law to provide a single, comprehensive special act
29	charter for the authority including all current legislative
30	authority granted to the district by its several legislative
31	enactments and any additional authority granted by this act. It
32	is further the intent of this act to preserve all district
33	authority in addition to any authority contained in general law.
34	Section 2.  Chapters 27949 (1951), 57-1929, 57-2085, 59-
35	1949, 61-2974, 63-2014, 65-2344, 67-2152, 69-1696, 69-1698, 71-
36	951, 71-955, 82-383, 88-473, and 96-455, Laws of Florida, are
37	codified, reenacted, repealed, and amended as herein provided.
38	Section 3.  The West Volusia Hospital Authority is re-
39	created and the charter for the authority is re-created and
40	reenacted to read:
41	Section 1.  An independent special tax district is hereby
42	created and incorporated to be known as "The West Volusia
43	Hospital Authority" in Volusia County for the purpose of, either
44	directly or through third parties, providing access to
45	healthcare for indigent residents of the district ("purpose").
46	("purpose"). Health care is to be provided or overseen by
47	Health care is to be provided or overseen by licensed health
48	care professionals or entities and may only be provided for
49	nonindigents and nonresidents incidental to the provision of
50	services to indigent residents of the district. This purpose is
51	hereby found and declared to be a public purpose and necessary
52	for the general welfare of the residents of the district, which
53	the district shall embrace and include the following described
54	property in Volusia County, to wit:
55	Commencing at a point on the East Shore of Lake George
56	where same is intersected by the Putnam-Volusia County
57	line and run Northeasterly with the line to the
58	Southern-most point of Lake Crescent; thence East with
59	shore line of Lake Crescent to the mouth of Haw Creek;
60	thence up the Creek to its intersection with the East
61	line of Range 28 East; run thence South with the range
62	line (it being the Flagler-Volusia County line) to the
63	Northwest corner of Section 30, Township 14 South
64	Range 29 East; thence run East 12 miles to the
65	Northeast corner of Section 25, Township 14 South
66	Range 30 East; thence run South two miles to the
67	Southeast corner of Township 14 South Range 30 East;
68	thence run West along the Township line to the
69	Northeast corner of Township 15 South Range 30 East;
70	thence run South with the range line between Ranges 30
71	and 31 East about six miles to the Southeast corner of
72	Township 15 South Range 30 East; run thence East along
73	the North line of Township 16 South Range 31 East
74	about six miles to the Northeast corner of the
75	Township 16 South Range 31 East; run thence South on
76	the range line between Ranges 31 and 32 East about
77	twelve miles to the Southeast corner of Township 17
78	South Range 31 East; run thence East with the line
79	between Townships 17 and 18 South to the Northeast
80	corner of Township 18 South Range 32 East; run thence
81	South on the range line between Ranges 32 and 33 East
82	to the Southeast corner of Township 18 South Range 32
83	East; run thence East on the line between Township 18
84	South Range 33 East and Township 19 South Range 33
85	East about three miles to the Northeast corner of
86	Section 4 Township 19 South Range 33 East. Run thence
87	South on the East line of Sections 4-9-16-21-28 and
88	33, Township 19 South Range 33 East to the Southeast
89	corner of Section 33, Township 19, South Range 33
90	East; run thence east on the line between Township 19
91	South Range 33 East and Township 20 South Range 33
92	East to the Northeast corner of Township 20 South
93	Range 33 East; run thence South on the East line of
94	Township 20 South Range 33 East and along the East
95	line of Township 21 South Range 33 East to the
96	Southeast corner of Section 36, Township 21 South
97	Range 33 East; run thence West along the South line of
98	Township 21 South Range 33 East to the intersection of
99	the Township line with the St. Johns River; thence run
100	down the St. Johns River in a generally Northwesterly
101	direction to Lake George and with the East Shore line
102	of the Lake George to the place of beginning. All of
103	the above described property lying and being in the
104	County of Volusia, State of Florida.
105	Section 2.  The governing body of the West Volusia Hospital
106	Authority shall consist of five commissioners who shall be
107	qualified residing in the district. At the general election held
108	in the year A.D. 1962, there were elected five commissioners,
109	three of whom were elected for a term of 2 years, and which
110	commissioners were identified as Group A; and two of whom were
111	elected for a term of 4 years, and which commissioners were
112	identified as Group B. Candidates shall identify themselves to
113	either Group A or Group B. Thereafter, in subsequent elections,
114	each commissioner shall be elected for a term of 4 years. Each
115	commissioner shall give bond to the Governor for the faithful
116	performance of his or her duties in the sum of $5,000, with a
117	surety company qualified to do business in the state as surety,
118	which bond shall be approved and kept by the Clerk of the
119	Circuit Court of Volusia County. The premiums on the bonds shall
120	be paid as part of the expenses of the district.
121	(1)  The commissioners in Group A and Group B shall qualify
122	for and be elected to the office of commissioner on a
123	nonpartisan basis by qualifying in groups as provided by section
124	101.254, Florida Statutes, as candidates in a primary election
125	to be held at the time of the first state primary election,
126	prior to the general election, and in the general election in
127	the same manner as provided by Florida law for the election of
128	nonpartisan county officers in the County of Volusia.
129	(2)  Should a vacancy or vacancies in the office of a
130	commissioner on the board of commissioners arise by reason of
131	the death, resignation, absence, or mental or physical
132	disability or incompetency of a member or members of the board
133	for a period of 6 months or more, the board shall by majority
134	action of the remaining members appoint a commissioner or
135	commissioners to fill any vacancy or vacancies in office from
136	among the qualified persons residing in the district to serve
137	until the expiration of the term of each such vacancy in office,
138	or until the election and qualification of a successor or
139	successors following the next general election. Should the
140	remaining board members be unable to appoint a commissioner or
141	commissioners to fill any vacancy or vacancies in office from
142	among the qualified persons residing in the district after 45
143	days from the vacancy's occurrence, then the vacancy or
144	vacancies shall be filled by the Governor pursuant to section
145	114.04, Florida Statutes, as it may be amended from time to
146	time, such qualified person or persons to serve until the
147	expiration of the term of each such vacancy in office, or until
148	the election and qualification of a successor or successors
149	following the next general election. In the event that under the
150	laws of the state a general election is to be held after the
151	creation of a vacancy in the office of commissioner and before
152	the expiration of the term of that office, as provided by the
153	sections of this act assigning such office to Group A or Group
154	B, a person or persons shall be nominated and elected to fill
155	out the balance of the term of the vacancy in office and to
156	succeed in that office and for that term, the person or persons
157	appointed by the hospital commissioners. Such nomination and
158	election shall be carried out in the same manner as is provided
159	for in this act for the nomination and election of hospital
160	commissioners, except that the primary and general election
161	ballot shall identify the candidate for such vacancy in office
162	by the group to which such office is assigned by the provisions
163	of this act. Nothing herein shall be construed to prevent a
164	person appointed by the board of commissioners from being a
165	candidate to succeed himself or herself in the office to which
166	he or she was appointed.
167	(3)  The board of commissioners shall take office and
168	organize at the first meeting in the month of January of each
169	year by the election from among their number a chair, vice
170	chair, secretary, treasurer, and such other officers as the
171	board may deem necessary to accomplish the purposes of this act.
172	All such officers shall serve for the year in which elected and
173	until their successors are elected and installed.
174	Section 3.  (1)  The Board of Commissioners of the West
175	Volusia Hospital Authority shall have all the powers of a body
176	corporate, including the power to sue and be sued under the name
177	of the West Volusia Hospital Authority; to contract and be
178	contracted with; to adopt and use a common seal and to alter the
179	same at pleasure; to acquire, purchase, hold, lease, sell, and
180	convey such real and personal property as the board may deem
181	proper or expedient to carry out the purposes of this act; to
182	appoint and employ a qualified hospital administrator whose
183	qualifications are approved by the board of commissioners as
184	being in the best interest of the hospital; to provide for the
185	election of a chief of staff by the medical staff of the
186	hospital and employ such other agents and employees as the board
187	may deem advisable; and to borrow money and issue notes, bonds,
188	and other evidences of indebtedness of the district to carry out
189	the provisions of this act in the manner hereinafter provided.
190	(2)  Realizing that factors other than professional must
191	enter into the qualifications of those who practice medicine,
192	surgery, and dentistry, the Board of Commissioners of the West
193	Volusia Hospital Authority are hereby authorized and empowered
194	to set up rules, regulations, and bylaws for the operation of
195	the hospital and the medical and dental staffs. The board of
196	commissioners is authorized to give, grant, limit, or revoke
197	membership on the medical or dental staff or the privileges of
198	medical or dental staff members for practicing in or about the
199	hospital under this act. So that the welfare and health of
200	patients and the best interests of the hospital may at all times
201	be best served, privileges of medical or dental staff membership
202	and appointment to the medical or dental staff may be
203	authorized, granted, limited, or revoked by the board of
204	commissioners and shall be made for a period of 1 year or until
205	the end of the fiscal year of the hospital or until the end of
206	such probationary period as the board shall determine. It shall
207	be the duty of the medical and dental staffs of the hospital to
208	organize in the manner prescribed by the board of commissioners
209	of this district. The board of commissioners is further
210	authorized and empowered to set up rules and regulations for the
211	control of all professional and nonprofessional employees of the
212	hospital, which terms shall include nurses on general duty or on
213	private duty attending patients, and all parties in the
214	hospital, either as employees or in any manner in attendance of
215	patients.
216	(3)  Three of the commissioners shall constitute a quorum,
217	and a vote of at least two of the commissioners shall be
218	necessary for the transaction of any business of the district.
219	The commissioners shall cause true and accurate minutes and
220	records to be kept of all business transacted by them, and shall
221	keep full, true, and complete books of account and minutes,
222	which minutes, records, and books of account shall at all
223	reasonable times be open and subject to the inspection of
224	inhabitants of the district; and any person desiring to do so
225	may make or procure copy of the minutes, records, or books of
226	account, or such portions thereof as he or she may desire.
227	Section 4.  The board of commissioners is hereby authorized
228	and empowered to establish, construct, operate, and maintain
229	such hospital and hospitals as in their opinion shall be
230	necessary for the use of the people of the district. Said
231	hospital or hospitals shall be established, constructed,
232	operated, and maintained by the board of commissioners for the
233	preservation of the public health and for the public good and
234	for the use of the public of the district. Maintenance of such
235	hospital or hospitals within the district is hereby found and
236	declared to be a public purpose and necessary for the
237	preservation of the public health and for the public use and for
238	the welfare of the district and inhabitants thereof. The
239	location of the hospital or hospitals shall be determined by the
240	board.
241	(1)  The term "hospital" or "hospitals," as used in this
242	act, shall mean one or more health care institutions, including
243	hospitals, extended care institutions, and outpatient care
244	institutions, whether or not located in a single building, which
245	shall have some or all of the following: an organized medical
246	staff with permanent facilities that include inpatient beds and
247	with medical services including physicians' services and
248	continuing nursing services to provide diagnosis and treatment
249	for patients who have a variety of medical conditions, including
250	both those who require inpatient care and those who are
251	primarily ambulatory, whether or not such patients require
252	continuous hospital services, including the furnishing and
253	staffing with professional and nonprofessional personnel of both
254	outpatient and inpatient emergency departments.
255	(2)  The term "operate and maintain," as used in this act,
256	shall mean to administer, supervise, control, and manage the
257	hospital or hospitals referred to by this act and to obtain,
258	construct, employ, furnish, and replenish the equipment,
259	facilities, including buildings, and professional and
260	nonprofessional personnel, including licensed physicians,
261	required to provide the services, treatment, and facilities
262	related to such hospital and hospitals as defined in this act.
263	Section 5.  In order to carry out the purpose of this act,
264	and notwithstanding other provisions of this act, and in
265	extension and not in limitation of the provisions contained in
266	any other section of this act:
267	(1)  The board of commissioners may acquire, construct,
268	reconstruct, extend, make additions to, enlarge, improve,
269	repair, remodel, restore, equip, and furnish hospital and other
270	health care facilities now or hereafter located in the district
271	and which are or may be owned by or under the supervision,
272	operation, and control of the district. For the purposes of this
273	section, the term "hospital" or "health care facilities" means
274	any real property or interest therein, building, structure,
275	facility, machinery, equipment, furnishings, or other property
276	suitable for use by the district in connection with its
277	operations or proposed operations, including, without
278	limitation, real property therefor, a clinic, computer facility,
279	food service and preparation facility, health care facility,
280	long-term care facility, hospital, interns' residence, nursing
281	home, nursing school, office, professional office building,
282	parking structure and area, pharmacy, recreational facility,
283	research facility, storage facility, utility, or x-ray facility,
284	or any combination of the foregoing, and other structures or
285	facilities related thereto or required or useful for health care
286	purposes, the conducting of research, or the operation of a
287	hospital or other health care facility, including facilities or
288	structures essential or convenient for the orderly conduct of
289	such hospital or other health care facility and other similar
290	items necessary or convenient for the operation of a particular
291	facility or structure in the manner for which its use is
292	intended.
293	(2)  The board of commissioners shall provide for the
294	health or mental health care of indigents and provide such other
295	health or mental health related services for indigents in such
296	manner as the board selects, including the purchase of
297	institutional services from any private or publicly owned
298	medical facility, as the board determines are needed for the
299	general welfare of the residents of the district.
300	(3)  The board of commissioners may collect information and
301	statistical data that will be helpful to the board and the
302	county in deciding the health or mental health care needs in the
303	county.
304	(4)  The board of commissioners may assume funding for the
305	county's share of state or federal indigent health or mental
306	health care programs for district residents which require
307	financial participation by the county.
308	(5)  The board of commissioners may issue negotiable
309	revenue bonds of the district for the purpose of paying or
310	refinancing all or any part of the cost of any hospital or other
311	health care facility. In anticipation of the sale of such
312	revenue bonds, the district may issue negotiable bond
313	anticipation notes and may renew the same from time to time, but
314	the maximum maturity of any such note, including renewals
315	thereof, shall not exceed 50 years from the date of issue of the
316	original note. Such notes shall be paid from any revenues or
317	other funds of the district legally available therefor and not
318	otherwise pledged or from the proceeds of sale of the revenue
319	bonds of the district in anticipation of which they were issued.
320	The notes shall be issued in the same manner as the revenue
321	bonds. Such notes and the resolution authorizing them may
322	contain any provisions, conditions, or limitations which a bond
323	resolution of the board of commissioners may contain.
324	(a)  The revenue bonds and notes of every issue shall be
325	payable solely out of revenues derived by the district from
326	hospital and other health care facilities within the district
327	and owned by or under the supervision, operation, and control of
328	the district, together with any other funds of the district
329	legally available for the purpose. Notwithstanding that revenue
330	bonds and notes may be payable from a special fund, they shall
331	be for all purposes negotiable instruments, subject only to any
332	provisions of the revenue bonds and notes for registration.
333	(b)  The revenue bonds may be issued as serial bonds, as
334	term bonds, or otherwise, or the board of commissioners may
335	issue bonds of all types. The revenue bonds shall be authorized
336	by resolution of the board of commissioners and shall bear such
337	date; mature at such time not exceeding 50 years from their
338	respective dates; bear interest at such rates, including
339	variable rates, but not exceeding the maximum rate permitted by
340	law at the time of issuance; be payable at such time; be in such
341	denominations; be in such form, either coupon or registered or
342	both; carry such registration privileges and conversion or
343	exchange privileges; be executed in such manner; be payable in
344	lawful money of the Unites States at such place; and be subject
345	to such terms of redemption, including redemption prior to
346	maturity, as such resolution may provide. The board of
347	commissioners shall determine the form and manner of execution
348	of the bonds, including any interest coupons to be attached
349	thereto, and shall fix the denomination of the bonds and the
350	place of payment of principal and interest, which may be at any
351	bank or trust company within or without the state. In case any
352	officer whose signature, or a facsimile of whose signature,
353	appears on any bonds or coupons ceases to be such officer before
354	the delivery of such bonds, such signature or facsimile shall
355	nevertheless be valid and sufficient for all purposes the same
356	as if he or she had remained in office until such delivery. The
357	board of commissioners may also provide for the authentication
358	of the bonds by a trustee or fiscal agent. The revenue bonds or
359	notes may be sold in such manner, either at public or private
360	sale, and for such price as the board of commissioners
361	determines. Pending preparation of the definitive bonds, the
362	board of commissioners may issue interim receipts or
363	certificates which may be exchanged for such definitive bonds.
364	(c)  The board of commissioners may require that any issue
365	of revenue bonds be secured by a trust agreement by and between
366	the district and a corporate trustee, which may be any trust
367	company or bank having the powers of a trust company within or
368	without the state. Such trust agreement or resolution may pledge
369	or assign all or any part of the revenues and other funds of the
370	district legally available for the payment of such revenue
371	bonds. The resolution may contain such provisions for protecting
372	and enforcing the rights and remedies of the bondholders as may
373	be reasonable and proper and not in violation of law, including
374	covenants setting forth the duties of the district in relation
375	to the acquisition, construction, improvement, maintenance,
376	operation, repair, equipping, and insurance of the facilities;
377	the fees and other charges to be fixed and collected for the use
378	of any facility or part thereof; the sale of any facility or
379	part thereof or other property; the terms and conditions for the
380	issuance of additional bonds; and the custody, safeguarding, and
381	application of all moneys. Any bank or trust company
382	incorporated under the laws of the state which may act as such
383	depository may furnish such indemnity bonds or may pledge such
384	securities as may be required by the board of commissioners.
385	Such resolution or trust agreement may set forth the rights and
386	remedies of the bondholders and the trustee and may restrict the
387	individual right of action by the bondholders. In addition, such
388	resolution or trust agreement may contain such other provisions
389	as the board of commissioners may deem reasonable and proper for
390	the security of the bondholders. All expenses incurred in
391	carrying out such trust agreement or resolution may be treated
392	as a part of the cost of the facility in connection with which
393	such bonds are issued or as part of the expense of operation of
394	such facility. The resolution or trust agreement providing for
395	the issuance of the revenue bond may also contain such
396	limitations upon the issuance of additional revenue bonds as the
397	board of commissioners may deem proper, and such additional
398	bonds shall be issued under such restrictions or limitations as
399	may be prescribed by such resolution or trust agreement.
400	(d)  Revenue bonds issued under the provisions of this
401	section shall not be deemed to constitute a debt, liability, or
402	obligation of the district, Volusia County, or the state, or any
403	political subdivision thereof, or a pledge of the faith and
404	credit or the taxing power of the district, Volusia County, or
405	of the state, or any political subdivision thereof, but shall be
406	payable solely from the revenue and funds provided therefor. All
407	such revenue bonds shall contain on the face thereof a statement
408	to the effect that the district shall not be obligated to pay
409	the same or the interest thereon except from the revenues and
410	other funds of the district provided for such payment, and that
411	neither the faith and credit nor the taxing power of the
412	district, nor of Volusia County, nor of the state, nor any
413	political subdivision thereof, is pledged to the payment of the
414	principal or of the interest on such bonds. The issuance of
415	revenue bonds under the provisions of this section shall not
416	directly, indirectly, or contingently obligate the district,
417	Volusia County, or the state, or any political subdivision
418	thereof, to levy or to pledge any form of taxation whatever nor
419	make any appropriation for their payment.
420	(e)  All bonds issued under the provisions of this section
421	shall have all the qualities and incidents, including
422	negotiability, of investment securities under the Uniform
423	Commercial Code, but no provision of such code respecting the
424	filing of a financing statement to perfect a security interest
425	shall be necessary for, or applicable to, any security interest
426	created in connection with the issuance of any such bonds.
427	(f)  The exercise of the powers granted by this section
428	shall be in all respects for the benefit of the people of this
429	state; for the increase of their commerce, welfare, and
430	prosperity; for the improvement of their health and living
431	conditions; and because the operation and maintenance of
432	hospital and other health care facilities by the district will
433	constitute the performance of an essential public and
434	governmental purpose. Any bonds issued under the provisions of
435	this section, together with interest, their transfer, and the
436	income therefrom, including any profit made on the sale thereof,
437	shall at all times be free from taxation of every kind by the
438	state, Volusia County, and municipalities and other political
439	subdivisions in the state, except for those taxes imposed by
440	chapter 220, Florida Statutes, on interest, income, or profits
441	on debt obligations owned by corporations.
442	(g)  The board of commissioners may provide for the
443	issuance of revenue bonds of the district for the purpose of
444	refunding any of its revenue bonds then outstanding, including
445	the payment of any redemption premium thereon and any interest
446	accrued or to accrue to the earliest or subsequent date of
447	redemption, purchase, or maturity of such revenue bonds. The
448	proceeds of any such revenue bonds issued for such purpose may,
449	in the discretion of the board of commissioners, be applied to
450	the purchase or retirement at maturity or redemption of such
451	outstanding revenue bonds either on their earliest or any
452	subsequent redemption date, or upon the purchase, or at the
453	maturity thereof, and may, pending such application, be placed
454	in escrow to be applied to such purchase or retirement at
455	maturity or redemption on such date as may be determined by the
456	board of commissioners, and pending such application to
457	purchase, retirement or redemption may be invested and
458	reinvested in securities selected by or in such manner as the
459	board of commissioners may provide.
460	(h)  Bonds issued by the board of commissioners under the
461	provisions of this section are hereby made securities in which
462	all public officers and public bodies of the state and its
463	political subdivisions and all banks, trust companies, bankers,
464	banking associations, savings banks and institutions, building
465	and loan associations, savings and loan associations, investment
466	companies, and other persons carrying on a banking or investment
467	business; all insurance companies, insurance associations, and
468	other persons carrying on an insurance business; and all
469	executors, administrators, curators, trustees, and other
470	fiduciaries may properly and legally invest funds, including
471	capital in their control or belonging to them. Such bonds are
472	hereby made securities which may properly and legally be
473	deposited with and received by any state or municipal officer or
474	any agency or political subdivision of the state for any purpose
475	for which the deposit of bonds or obligations of the state is
476	now or may hereinafter be authorized by law.
477	(6)  No election in the district shall be required as a
478	condition precedent to the exercise by the board of
479	commissioners of any of the powers conferred by this section
480	unless such election shall be required by the Florida
481	Constitution.
482	(7)  Revenue bonds may be issued under the provisions of
483	this section without obtaining, except as otherwise expressly
484	provided in this section, the consent of any department,
485	division, commission, board, body, bureau, or agency of the
486	state, or any political subdivision thereof, and without any
487	other proceedings or the happening of any conditions or things
488	other than those proceedings, conditions, or things which are
489	specifically required by this section and the provisions of the
490	resolution authorizing the issuance of such bonds or the trust
491	agreement securing the same.
492	(8)  This section shall be deemed to provide an additional
493	and alternative method for the doing of the things authorized
494	hereby and shall be regarded as supplemental and additional to
495	powers conferred by other laws.
496	Section 6.  In the course of the operation and maintenance
497	of the health care facilities as defined by this act, including,
498	but not limited to, section 4 and including all hospitals and
499	facilities owned and operated by the authority, the term
500	"operate and maintain," as defined in section 4, shall include:
501	(1)  The West Volusia Hospital Authority may advise the
502	public and medical community of the medical, hospital, or other
503	services and accommodations available at the facilities owned or
504	operated by the West Volusia Hospital Authority, as defined by
505	this act, by paying for the use of the media, including, but not
506	limited to, newspapers, radio, television, videotape, audio
507	tape, direct mail, handbills, leaflets, billboards, advertising
508	signs, advertisements and announcements in magazines, brochures,
509	trade publications, programs of public events, and by other
510	means and mechanisms similar to the uses and the media
511	enumerated, reaching the same or similar audiences as those
512	reached by the media enumerated.
513	(2)  The West Volusia Hospital Authority is authorized to
514	create such award programs as the authority shall deem desirable
515	for the purpose of rewarding the employees and staff of the
516	facilities and hospitals owned or operated by the authority for
517	their services to such facilities or hospitals. Such awards may
518	include, but not be limited to, certificates of recognition,
519	pins, emblems, and insignia, as well as the grant of special
520	compensation or privileges.
521	(3)  The West Volusia Hospital Authority is authorized to
522	make available to patients, visitors, staff, and employees
523	services and products, including, but not limited to, foods,
524	coffee, and other beverages as the authority shall deem
525	advisable; to promote good will and the use of hospital services
526	by the public; and the cooperation of the employees and staff in
527	furnishing services to and for the benefit of the hospital or
528	other facilities enumerated in this act or to the general
529	public, which shall include, but not be limited to, the
530	furnishing of beverage and food products to meetings, patients,
531	and the relatives of patients, pursuant to a program approved by
532	the authority, either for the specific instance or according to
533	a policy adopted by the authority which permits the exercise of
534	discretion by the hospital administrator or persons designated
535	by such administrator.
536	(4)  The authority is authorized to advance the costs of
537	employees and staff members of the hospitals and medical
538	facilities owned and operated by the authority attending
539	educational programs and seminars, according to policy
540	established by the authority, which may include the costs of the
541	seminars, per diem, and traveling.
542	(5)  The authority may require that physical inventories be
543	performed periodically instead of annually, at such times and in
544	such manner as shall be determined by the authority, but in
545	accordance with generally accepted accounting principles.
546	Section 7.  The board shall have the power of eminent
547	domain, and may thereby condemn and acquire any real or personal
548	property which the board may deem necessary for the use of the
549	district, whether within or without the district. Such power of
550	condemnation shall be exercised in the same manner as is now
551	provided by the general law for the exercise of the power of
552	eminent domain by cities and towns of the state.
553	Section 8.  The board of commissioners is hereby authorized
554	and empowered to borrow money from time to time in order to
555	provide for and carry out the purposes of this act. The district
556	may issue the notes of the district, determine the aggregate
557	amount of principal therefor, and set terms and rates of
558	interest.
559	Section 9.  The funds of the district shall be paid out
560	only upon warranty signed by two members of the board of
561	commissioners or by the hospital administrator and one member of
562	the board of commissioners and having thereto affixed the
563	corporate seal of the district, which may be a facsimile or
564	printed, and no warranty shall be drawn or issued against funds
565	of the district except for the purpose authorized by this act.
566	No such warrant against funds of the district shall be drawn or
567	issued until after the account or expenditure for which the same
568	is to be given in payment has been ordered and approved by the
569	board of commissioners. No funds of the district shall be paid
570	to a member of the board of commissioners as compensation for
571	his or her services in that office excepting only the necessary
572	expense of travel in the performance of the duties of his or her
573	office, including attendance at meetings or conventions relating
574	to the duties of his or her office, when such travel is
575	authorized by a standing or special resolution adopted by the
576	board of commissioners.
577	Section 10.  It shall be the duty of the board of
578	commissioners to annually assess and levy against the taxable
579	property within the district a tax to be collected and paid into
580	the district fund and used by the board of commissioners for the
581	purpose of this act, including the operation, maintenance,
582	repair, and construction of a hospital or hospitals established
583	as authorized by this act, or for the payment of any outstanding
584	indebtedness authorized by section 8, or for the payment of
585	other necessary expenses in carrying on and transacting the
586	business of the district. However, the rate of taxation per
587	annum under the taxing authority granted to the Board of
588	Commissioners of the West Volusia Hospital Authority by this
589	section for the purpose of this act, including the operating,
590	maintaining, repairing, and constructing of any hospital or
591	hospitals established as authorized by this act or for the
592	payment of any outstanding indebtedness authorized by section 8,
593	or for the payment of other necessary expenses in carrying on
594	and transacting the business of the district, shall not exceed 5
595	mills on the dollar of the valuation of the taxable property
596	within the district.
597	Section 11.  The levy by the board of the taxes authorized
598	by any provision of this act shall be by resolution of the board
599	duly entered upon the minutes of the board. Certified copies of
600	such resolution executed in the name of the board by its chair,
601	under its corporate seal, shall be made and delivered to the
602	County Council of Volusia County, Florida, and to the Florida
603	Department of Revenue in the same manner and within the same
604	time period as required by independent special districts
605	pursuant to general law. The county council shall order and
606	require the tax collector of the county to assess and to collect
607	the amount of taxes so assessed or levied by the Board of
608	Commissioners of the West Volusia Hospital Authority upon the
609	nonexempt property in the district, at the rate of taxation as
610	fixed, levied, and adopted by the board of commissioners of the
611	district for the year and included in the warrant of the
612	property appraiser and attached to the assessment roll of taxes
613	for the county each year. The Tax Collector of Volusia County
614	shall collect such tax so levied by the board in the same manner
615	as other taxes are collected, and shall remit the taxes
616	collected to the district within the time and in the manner
617	prescribed by law for the collection and handling of taxes. All
618	revenues so collected shall be held, used, invested, and
619	disbursed by the district as provided in this act or as
620	otherwise provided by law.
621	Section 12.  The board is authorized to pay from the funds
622	of the district all expenses of the organization of the board
623	and all expenses necessarily incurred with the formation of the
624	district and all other reasonable and necessary expenses,
625	including the fees and expenses of an attorney in the
626	transaction of the business of the district, and in carrying out
627	and accomplishing the purposes of this act. This section,
628	however, shall not be construed to limit or restrict any of the
629	powers vested in the board of commissioners by any other section
630	or provision of this act.
631	Section 13.  At least once in each year the board of
632	commissioners shall publish once in some newspaper published in
633	the district a complete detailed statement of all moneys
634	received and disbursed by the board since the creation of the
635	district as to the first published statement and since the last
636	published statement as to any other year. Such statements shall
637	also show the several sources from which the funds were received
638	and shall show the balance on hand at the time of the published
639	statement. It shall also show a complete statement of the
640	condition of the district.
641	Section 14.  Each hospital and clinic established under
642	this act shall be for the use and benefit of the indigent sick
643	and other residents of the district. Such residents shall be
644	admitted to such hospital and clinic and be entitled to medical
645	care without charge, subject to the rules and regulations
646	prescribed by the board of commissioners. Such hospitals and
647	clinics shall care for and treat without charge or,
648	alternatively, for a reduced charge according to a sliding
649	scale, patients who are found by such board of commissioners to
650	be indigent, but the board may collect from financially able
651	patients such charges as the board of commissioners may from
652	time to time establish. The board of commissioners shall have
653	the power to extend the benefits and privileges of such
654	hospitals and clinics and treatment and outpatient department to
655	the homes of the indigent residents of such county. Said board
656	of commissioners may extend the privileges and use of such
657	hospitals and clinics to nonresidents of such district upon such
658	terms and conditions as the board may from time to time by its
659	rules and regulations provide; provided, however, that the
660	indigent residents of the district wherein such hospital and
661	clinic are located shall have the first claim to admission.
662	Section 15.  It is intentional that the provisions of this
663	act shall be liberally construed for accomplishing the work
664	authorized and provided for or intended to be provided for in
665	this act, and where strict construction would result in the
666	defeat of the accomplishment of any party of the work authorized
667	by this act, and a liberal construction would permit or assist
668	in the accomplishment thereof, the liberal construction shall be
669	chosen.
670	Section 16.  Any and all bonds issued under the provisions
671	of this act may be validated by the Board of Commissioners of
672	the West Volusia Hospital Authority under and in accordance with
673	the provisions of the general laws of Florida, in the same
674	manner as is therein provided for validation of bonds, etc., by
675	any county, municipality, or taxing district, etc., of the
676	state.
677	Section 17.  The district and the board of commissioners of
678	the district shall have the power to purchase, construct and
679	erect, lease, equip, operate, and maintain or manage a hospital
680	or hospitals in the district for the care of the sick or infirm
681	or those suffering from any disease or injury to or of the body
682	or mind.
683	Section 18.  In accordance with section 189.404(3), Florida
684	Statutes, the following subsections shall constitute the minimum
685	charter requirements for the district:
686	(1)  The district is organized and exists for the purpose
687	set forth in this act, as it may be amended from time to time.
688	(2)  The powers, functions, and duties of the district,
689	including, but not limited to, ad valorem taxation, bond
690	issuance, other revenue-raising capabilities, budget preparation
691	and approval, liens and foreclosure of liens, use of tax deeds
692	and tax certificates as appropriate for non-ad valorem
693	assessments, and contractual agreements shall be as set forth in
694	this act, chapters 189 and 197, Florida Statutes, or any other
695	applicable general or special law, as they may be amended from
696	time to time.
697	(3)  The district was created by special act of the Florida
698	Legislature by chapter 57-2085, Laws of Florida, as amended.
699	(4)  The district's charter may be amended only by special
700	act of the Legislature.
701	(5)  In accordance with chapter 189, Florida Statutes, and
702	this act, the district is governed by a five-member board of
703	commissioners as provided for herein.
704	(6)  The compensation of the board of commissioners shall
705	be as provided for by this act.
706	(7)  The administrative duties of the board of
707	commissioners shall be as set forth in this act and chapter 189,
708	Florida Statutes, as they may be amended from time to time.
709	(8)  Requirements for financial disclosure, meeting
710	notices, reporting, public records maintenance, and per diem
711	expenses for officers and employees shall be as set forth in
712	chapters 112, 119, 189, and 286, Florida Statutes, and this act,
713	as they may be amended from time to time.
714	(9)  The procedures and requirements governing the issuance
715	of bonds, notes, and other evidence of indebtedness by the
716	district shall be as set forth in this act, and applicable
717	general laws, as they may be amended from time to time.
718	(10)  The procedures for conducting district elections and
719	for qualification of electors shall be pursuant to this act and
720	chapter 189, Florida Statutes, as they may be amended from time
721	to time.
722	(11)  The district may be financed by any method
723	established in this act, and applicable general laws, as they
724	may be amended from time to time.
725	(12)  The district does not collect non-ad valorem
726	assessments, fees, or service charges as set forth in chapter
727	197, Florida Statutes.
728	(13)  The district's planning requirements shall be as set
729	forth in chapter 189, Florida Statutes, and this act, as they
730	may be amended from time to time.
731	(14)  The district's geographic boundary limitations shall
732	be as set forth in this act.
733	(15)  This section shall not be construed to limit or
734	restrict any of the powers vested in the board of commissioners
735	by any other section or provision of this act.
736	Section 4.  If any provision of this act or the application
737	thereof to any person or circumstance is held invalid, the
738	invalidity shall not affect other provisions or applications of
739	the act which can be given effect without the invalid provision
740	or application, and to this end the provisions of this act are
741	declared severable.
742	Section 5.  This act shall be construed as a remedial act
743	and shall be liberally construed to promote the purpose for
744	which it is intended.
745	Section 6.  Chapters 27949 (1951), 57-1929, 57-2085, 59-
746	1949, 61-2974, 63-2014, 65-2344, 67-2152, 69-1696, 69-1698, 71-
747	951, 71-955, 82-383, 88-473, and 96-455, Laws of Florida, are
748	repealed.
749	Section 7.  Section 10 of section 3 of this act is amended
750	to read:
751	Section 10.  It shall be the duty of the board of
752	commissioners to annually assess and levy against the taxable
753	property within the district a tax to be collected and paid into
754	the district fund and used by the board of commissioners for the
755	purpose of this act, including the operation, maintenance,
756	repair, and construction of a hospital or hospitals established
757	as authorized by this act, or for the payment of any outstanding
758	indebtedness authorized by section 8, or for the payment of
759	other necessary expenses in carrying on and transacting the
760	business of the district. However, the rate of taxation per
761	annum under the taxing authority granted to the Board of
762	Commissioners of the West Volusia Hospital Authority by this
763	section for the purpose of this act, including the operating,
764	maintaining, repairing, and constructing of any hospital or
765	hospitals established as authorized by this act or for the
766	payment of any outstanding indebtedness authorized by section 8,
767	or for the payment of other necessary expenses in carrying on
768	and transacting the business of the district, shall not exceed 4
769	5 mills on the dollar of the valuation of the taxable property
770	within the district.
771	Section 8.  The provisions of section 7 of this act which
772	authorize the levy of ad valorem taxation at a reduced rate
773	shall take effect only upon express approval by a majority vote
774	of those qualified electors of the district, as required by
775	Section 9 of Article VII of the State Constitution, voting in a
776	referendum to be held by the district and conducted by the
777	Supervisor of Elections of Volusia County on August 31, 2004, in
778	accordance with the provisions of law relating to elections
779	currently in force in the district. The question to be placed on
780	the ballot shall be in substantially the following form:
781
782	Shall the maximum ad valorem property tax rate that can be
783	levied by the West Volusia Hospital Authority be reduced
784	from 5 mills to 4 mills?
785
786	YES______
787
788	NO_______
789
790	Section 9.  Except as otherwise provided herein, this act
791	shall take effect upon becoming a law.

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