HB 0837

1
A bill to be entitled
2An act relating to the West Volusia Hospital Authority;
3codifying, amending, reenacting, and repealing the prior
4special acts of the authority, an independent special tax
5district in Volusia County; providing legislative intent;
6providing minimum charter requirements in accordance with
7s. 189.404(3), F.S.; eliminating full faith and credit and
8ad valorem tax bonding capacity; revising indigence
9provisions; clarifying purpose and powers; conforming to
10general law requirements; providing severability;
11providing for liberal construction; repealing all prior
12special acts related to the West Volusia Hospital
13Authority; providing for a referendum on lowering the
14millage rate; providing a ballot statement; providing
15effective dates.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Pursuant to section 189.429, Florida Statutes,
20this act constitutes the codification of all special acts
21relating to the West Volusia Hospital Authority, an independent
22special tax district. It is the intent of the Legislature in
23enacting this law to provide a single, comprehensive special act
24charter for the authority including all current legislative
25authority granted to the district by its several legislative
26enactments and any additional authority granted by this act. It
27is further the intent of this act to preserve all district
28authority in addition to any authority contained in general law.
29     Section 2.  Chapters 27949 (1951), 57-1929, 57-2085, 59-
301949, 61-2974, 63-2014, 65-2344, 67-2152, 69-1696, 69-1698, 71-
31951, 71-955, 82-383, 88-473, and 96-455, Laws of Florida, are
32codified, reenacted, repealed, and amended as herein provided.
33     Section 3.  The West Volusia Hospital Authority is re-
34created and the charter for the authority is re-created and
35reenacted to read:
36     Section 1.  An independent special tax district is hereby
37created and incorporated to be known as "The West Volusia
38Hospital Authority" in Volusia County for the purpose of, either
39directly or through third parties, providing access to
40healthcare for indigent residents of the district ("purpose").
41("purpose"). Health care is to be provided or overseen by
42Health care is to be provided or overseen by licensed health
43care professionals or entities and may only be provided for
44nonindigents and nonresidents incidental to the provision of
45services to indigent residents of the district. This purpose is
46hereby found and declared to be a public purpose and necessary
47for the general welfare of the residents of the district, which
48the district shall embrace and include the following described
49property in Volusia County, to wit:
50Commencing at a point on the East Shore of Lake George
51where same is intersected by the Putnam-Volusia County
52line and run Northeasterly with the line to the
53Southern-most point of Lake Crescent; thence East with
54shore line of Lake Crescent to the mouth of Haw Creek;
55thence up the Creek to its intersection with the East
56line of Range 28 East; run thence South with the range
57line (it being the Flagler-Volusia County line) to the
58Northwest corner of Section 30, Township 14 South
59Range 29 East; thence run East 12 miles to the
60Northeast corner of Section 25, Township 14 South
61Range 30 East; thence run South two miles to the
62Southeast corner of Township 14 South Range 30 East;
63thence run West along the Township line to the
64Northeast corner of Township 15 South Range 30 East;
65thence run South with the range line between Ranges 30
66and 31 East about six miles to the Southeast corner of
67Township 15 South Range 30 East; run thence East along
68the North line of Township 16 South Range 31 East
69about six miles to the Northeast corner of the
70Township 16 South Range 31 East; run thence South on
71the range line between Ranges 31 and 32 East about
72twelve miles to the Southeast corner of Township 17
73South Range 31 East; run thence East with the line
74between Townships 17 and 18 South to the Northeast
75corner of Township 18 South Range 32 East; run thence
76South on the range line between Ranges 32 and 33 East
77to the Southeast corner of Township 18 South Range 32
78East; run thence East on the line between Township 18
79South Range 33 East and Township 19 South Range 33
80East about three miles to the Northeast corner of
81Section 4 Township 19 South Range 33 East. Run thence
82South on the East line of Sections 4-9-16-21-28 and
8333, Township 19 South Range 33 East to the Southeast
84corner of Section 33, Township 19, South Range 33
85East; run thence east on the line between Township 19
86South Range 33 East and Township 20 South Range 33
87East to the Northeast corner of Township 20 South
88Range 33 East; run thence South on the East line of
89Township 20 South Range 33 East and along the East
90line of Township 21 South Range 33 East to the
91Southeast corner of Section 36, Township 21 South
92Range 33 East; run thence West along the South line of
93Township 21 South Range 33 East to the intersection of
94the Township line with the St. Johns River; thence run
95down the St. Johns River in a generally Northwesterly
96direction to Lake George and with the East Shore line
97of the Lake George to the place of beginning. All of
98the above described property lying and being in the
99County of Volusia, State of Florida.
100     Section 2.  The governing body of the West Volusia Hospital
101Authority shall consist of five commissioners who shall be
102qualified residing in the district. At the general election held
103in the year A.D. 1962, there were elected five commissioners,
104three of whom were elected for a term of 2 years, and which
105commissioners were identified as Group A; and two of whom were
106elected for a term of 4 years, and which commissioners were
107identified as Group B. Candidates shall identify themselves to
108either Group A or Group B. Thereafter, in subsequent elections,
109each commissioner shall be elected for a term of 4 years. Each
110commissioner shall give bond to the Governor for the faithful
111performance of his or her duties in the sum of $5,000, with a
112surety company qualified to do business in the state as surety,
113which bond shall be approved and kept by the Clerk of the
114Circuit Court of Volusia County. The premiums on the bonds shall
115be paid as part of the expenses of the district.
116     (1)  The commissioners in Group A and Group B shall qualify
117for and be elected to the office of commissioner on a
118nonpartisan basis by qualifying in groups as provided by section
119101.254, Florida Statutes, as candidates in a primary election
120to be held at the time of the first state primary election,
121prior to the general election, and in the general election in
122the same manner as provided by Florida law for the election of
123nonpartisan county officers in the County of Volusia.
124     (2)  Should a vacancy or vacancies in the office of a
125commissioner on the board of commissioners arise by reason of
126the death, resignation, absence, or mental or physical
127disability or incompetency of a member or members of the board
128for a period of 6 months or more, the board shall by majority
129action of the remaining members appoint a commissioner or
130commissioners to fill any vacancy or vacancies in office from
131among the qualified persons residing in the district to serve
132until the expiration of the term of each such vacancy in office,
133or until the election and qualification of a successor or
134successors following the next general election. Should the
135remaining board members be unable to appoint a commissioner or
136commissioners to fill any vacancy or vacancies in office from
137among the qualified persons residing in the district after 45
138days from the vacancy's occurrence, then the vacancy or
139vacancies shall be filled by the Governor pursuant to section
140114.04, Florida Statutes, as it may be amended from time to
141time, such qualified person or persons to serve until the
142expiration of the term of each such vacancy in office, or until
143the election and qualification of a successor or successors
144following the next general election. In the event that under the
145laws of the state a general election is to be held after the
146creation of a vacancy in the office of commissioner and before
147the expiration of the term of that office, as provided by the
148sections of this act assigning such office to Group A or Group
149B, a person or persons shall be nominated and elected to fill
150out the balance of the term of the vacancy in office and to
151succeed in that office and for that term, the person or persons
152appointed by the hospital commissioners. Such nomination and
153election shall be carried out in the same manner as is provided
154for in this act for the nomination and election of hospital
155commissioners, except that the primary and general election
156ballot shall identify the candidate for such vacancy in office
157by the group to which such office is assigned by the provisions
158of this act. Nothing herein shall be construed to prevent a
159person appointed by the board of commissioners from being a
160candidate to succeed himself or herself in the office to which
161he or she was appointed.
162     (3)  The board of commissioners shall take office and
163organize at the first meeting in the month of January of each
164year by the election from among their number a chair, vice
165chair, secretary, treasurer, and such other officers as the
166board may deem necessary to accomplish the purposes of this act.
167All such officers shall serve for the year in which elected and
168until their successors are elected and installed.
169     Section 3.  (1)  The Board of Commissioners of the West
170Volusia Hospital Authority shall have all the powers of a body
171corporate, including the power to sue and be sued under the name
172of the West Volusia Hospital Authority; to contract and be
173contracted with; to adopt and use a common seal and to alter the
174same at pleasure; to acquire, purchase, hold, lease, sell, and
175convey such real and personal property as the board may deem
176proper or expedient to carry out the purposes of this act; to
177appoint and employ a qualified hospital administrator whose
178qualifications are approved by the board of commissioners as
179being in the best interest of the hospital; to provide for the
180election of a chief of staff by the medical staff of the
181hospital and employ such other agents and employees as the board
182may deem advisable; and to borrow money and issue notes, bonds,
183and other evidences of indebtedness of the district to carry out
184the provisions of this act in the manner hereinafter provided.
185     (2)  Realizing that factors other than professional must
186enter into the qualifications of those who practice medicine,
187surgery, and dentistry, the Board of Commissioners of the West
188Volusia Hospital Authority are hereby authorized and empowered
189to set up rules, regulations, and bylaws for the operation of
190the hospital and the medical and dental staffs. The board of
191commissioners is authorized to give, grant, limit, or revoke
192membership on the medical or dental staff or the privileges of
193medical or dental staff members for practicing in or about the
194hospital under this act. So that the welfare and health of
195patients and the best interests of the hospital may at all times
196be best served, privileges of medical or dental staff membership
197and appointment to the medical or dental staff may be
198authorized, granted, limited, or revoked by the board of
199commissioners and shall be made for a period of 1 year or until
200the end of the fiscal year of the hospital or until the end of
201such probationary period as the board shall determine. It shall
202be the duty of the medical and dental staffs of the hospital to
203organize in the manner prescribed by the board of commissioners
204of this district. The board of commissioners is further
205authorized and empowered to set up rules and regulations for the
206control of all professional and nonprofessional employees of the
207hospital, which terms shall include nurses on general duty or on
208private duty attending patients, and all parties in the
209hospital, either as employees or in any manner in attendance of
210patients.
211     (3)  Three of the commissioners shall constitute a quorum,
212and a vote of at least two of the commissioners shall be
213necessary for the transaction of any business of the district.
214The commissioners shall cause true and accurate minutes and
215records to be kept of all business transacted by them, and shall
216keep full, true, and complete books of account and minutes,
217which minutes, records, and books of account shall at all
218reasonable times be open and subject to the inspection of
219inhabitants of the district; and any person desiring to do so
220may make or procure copy of the minutes, records, or books of
221account, or such portions thereof as he or she may desire.
222     Section 4.  The board of commissioners is hereby authorized
223and empowered to establish, construct, operate, and maintain
224such hospital and hospitals as in their opinion shall be
225necessary for the use of the people of the district. Said
226hospital or hospitals shall be established, constructed,
227operated, and maintained by the board of commissioners for the
228preservation of the public health and for the public good and
229for the use of the public of the district. Maintenance of such
230hospital or hospitals within the district is hereby found and
231declared to be a public purpose and necessary for the
232preservation of the public health and for the public use and for
233the welfare of the district and inhabitants thereof. The
234location of the hospital or hospitals shall be determined by the
235board.
236     (1)  The term "hospital" or "hospitals," as used in this
237act, shall mean one or more health care institutions, including
238hospitals, extended care institutions, and outpatient care
239institutions, whether or not located in a single building, which
240shall have some or all of the following: an organized medical
241staff with permanent facilities that include inpatient beds and
242with medical services including physicians' services and
243continuing nursing services to provide diagnosis and treatment
244for patients who have a variety of medical conditions, including
245both those who require inpatient care and those who are
246primarily ambulatory, whether or not such patients require
247continuous hospital services, including the furnishing and
248staffing with professional and nonprofessional personnel of both
249outpatient and inpatient emergency departments.
250     (2)  The term "operate and maintain," as used in this act,
251shall mean to administer, supervise, control, and manage the
252hospital or hospitals referred to by this act and to obtain,
253construct, employ, furnish, and replenish the equipment,
254facilities, including buildings, and professional and
255nonprofessional personnel, including licensed physicians,
256required to provide the services, treatment, and facilities
257related to such hospital and hospitals as defined in this act.
258     Section 5.  In order to carry out the purpose of this act,
259and notwithstanding other provisions of this act, and in
260extension and not in limitation of the provisions contained in
261any other section of this act:
262     (1)  The board of commissioners may acquire, construct,
263reconstruct, extend, make additions to, enlarge, improve,
264repair, remodel, restore, equip, and furnish hospital and other
265health care facilities now or hereafter located in the district
266and which are or may be owned by or under the supervision,
267operation, and control of the district. For the purposes of this
268section, the term "hospital" or "health care facilities" means
269any real property or interest therein, building, structure,
270facility, machinery, equipment, furnishings, or other property
271suitable for use by the district in connection with its
272operations or proposed operations, including, without
273limitation, real property therefor, a clinic, computer facility,
274food service and preparation facility, health care facility,
275long-term care facility, hospital, interns' residence, nursing
276home, nursing school, office, professional office building,
277parking structure and area, pharmacy, recreational facility,
278research facility, storage facility, utility, or x-ray facility,
279or any combination of the foregoing, and other structures or
280facilities related thereto or required or useful for health care
281purposes, the conducting of research, or the operation of a
282hospital or other health care facility, including facilities or
283structures essential or convenient for the orderly conduct of
284such hospital or other health care facility and other similar
285items necessary or convenient for the operation of a particular
286facility or structure in the manner for which its use is
287intended.
288     (2)  The board of commissioners shall provide for the
289health or mental health care of indigents and provide such other
290health or mental health related services for indigents in such
291manner as the board selects, including the purchase of
292institutional services from any private or publicly owned
293medical facility, as the board determines are needed for the
294general welfare of the residents of the district.
295     (3)  The board of commissioners may collect information and
296statistical data that will be helpful to the board and the
297county in deciding the health or mental health care needs in the
298county.
299     (4)  The board of commissioners may assume funding for the
300county's share of state or federal indigent health or mental
301health care programs for district residents which require
302financial participation by the county.
303     (5)  The board of commissioners may issue negotiable
304revenue bonds of the district for the purpose of paying or
305refinancing all or any part of the cost of any hospital or other
306health care facility. In anticipation of the sale of such
307revenue bonds, the district may issue negotiable bond
308anticipation notes and may renew the same from time to time, but
309the maximum maturity of any such note, including renewals
310thereof, shall not exceed 50 years from the date of issue of the
311original note. Such notes shall be paid from any revenues or
312other funds of the district legally available therefor and not
313otherwise pledged or from the proceeds of sale of the revenue
314bonds of the district in anticipation of which they were issued.
315The notes shall be issued in the same manner as the revenue
316bonds. Such notes and the resolution authorizing them may
317contain any provisions, conditions, or limitations which a bond
318resolution of the board of commissioners may contain.
319     (a)  The revenue bonds and notes of every issue shall be
320payable solely out of revenues derived by the district from
321hospital and other health care facilities within the district
322and owned by or under the supervision, operation, and control of
323the district, together with any other funds of the district
324legally available for the purpose. Notwithstanding that revenue
325bonds and notes may be payable from a special fund, they shall
326be for all purposes negotiable instruments, subject only to any
327provisions of the revenue bonds and notes for registration.
328     (b)  The revenue bonds may be issued as serial bonds, as
329term bonds, or otherwise, or the board of commissioners may
330issue bonds of all types. The revenue bonds shall be authorized
331by resolution of the board of commissioners and shall bear such
332date; mature at such time not exceeding 50 years from their
333respective dates; bear interest at such rates, including
334variable rates, but not exceeding the maximum rate permitted by
335law at the time of issuance; be payable at such time; be in such
336denominations; be in such form, either coupon or registered or
337both; carry such registration privileges and conversion or
338exchange privileges; be executed in such manner; be payable in
339lawful money of the Unites States at such place; and be subject
340to such terms of redemption, including redemption prior to
341maturity, as such resolution may provide. The board of
342commissioners shall determine the form and manner of execution
343of the bonds, including any interest coupons to be attached
344thereto, and shall fix the denomination of the bonds and the
345place of payment of principal and interest, which may be at any
346bank or trust company within or without the state. In case any
347officer whose signature, or a facsimile of whose signature,
348appears on any bonds or coupons ceases to be such officer before
349the delivery of such bonds, such signature or facsimile shall
350nevertheless be valid and sufficient for all purposes the same
351as if he or she had remained in office until such delivery. The
352board of commissioners may also provide for the authentication
353of the bonds by a trustee or fiscal agent. The revenue bonds or
354notes may be sold in such manner, either at public or private
355sale, and for such price as the board of commissioners
356determines. Pending preparation of the definitive bonds, the
357board of commissioners may issue interim receipts or
358certificates which may be exchanged for such definitive bonds.
359     (c)  The board of commissioners may require that any issue
360of revenue bonds be secured by a trust agreement by and between
361the district and a corporate trustee, which may be any trust
362company or bank having the powers of a trust company within or
363without the state. Such trust agreement or resolution may pledge
364or assign all or any part of the revenues and other funds of the
365district legally available for the payment of such revenue
366bonds. The resolution may contain such provisions for protecting
367and enforcing the rights and remedies of the bondholders as may
368be reasonable and proper and not in violation of law, including
369covenants setting forth the duties of the district in relation
370to the acquisition, construction, improvement, maintenance,
371operation, repair, equipping, and insurance of the facilities;
372the fees and other charges to be fixed and collected for the use
373of any facility or part thereof; the sale of any facility or
374part thereof or other property; the terms and conditions for the
375issuance of additional bonds; and the custody, safeguarding, and
376application of all moneys. Any bank or trust company
377incorporated under the laws of the state which may act as such
378depository may furnish such indemnity bonds or may pledge such
379securities as may be required by the board of commissioners.
380Such resolution or trust agreement may set forth the rights and
381remedies of the bondholders and the trustee and may restrict the
382individual right of action by the bondholders. In addition, such
383resolution or trust agreement may contain such other provisions
384as the board of commissioners may deem reasonable and proper for
385the security of the bondholders. All expenses incurred in
386carrying out such trust agreement or resolution may be treated
387as a part of the cost of the facility in connection with which
388such bonds are issued or as part of the expense of operation of
389such facility. The resolution or trust agreement providing for
390the issuance of the revenue bond may also contain such
391limitations upon the issuance of additional revenue bonds as the
392board of commissioners may deem proper, and such additional
393bonds shall be issued under such restrictions or limitations as
394may be prescribed by such resolution or trust agreement.
395     (d)  Revenue bonds issued under the provisions of this
396section shall not be deemed to constitute a debt, liability, or
397obligation of the district, Volusia County, or the state, or any
398political subdivision thereof, or a pledge of the faith and
399credit or the taxing power of the district, Volusia County, or
400of the state, or any political subdivision thereof, but shall be
401payable solely from the revenue and funds provided therefor. All
402such revenue bonds shall contain on the face thereof a statement
403to the effect that the district shall not be obligated to pay
404the same or the interest thereon except from the revenues and
405other funds of the district provided for such payment, and that
406neither the faith and credit nor the taxing power of the
407district, nor of Volusia County, nor of the state, nor any
408political subdivision thereof, is pledged to the payment of the
409principal or of the interest on such bonds. The issuance of
410revenue bonds under the provisions of this section shall not
411directly, indirectly, or contingently obligate the district,
412Volusia County, or the state, or any political subdivision
413thereof, to levy or to pledge any form of taxation whatever nor
414make any appropriation for their payment.
415     (e)  All bonds issued under the provisions of this section
416shall have all the qualities and incidents, including
417negotiability, of investment securities under the Uniform
418Commercial Code, but no provision of such code respecting the
419filing of a financing statement to perfect a security interest
420shall be necessary for, or applicable to, any security interest
421created in connection with the issuance of any such bonds.
422     (f)  The exercise of the powers granted by this section
423shall be in all respects for the benefit of the people of this
424state; for the increase of their commerce, welfare, and
425prosperity; for the improvement of their health and living
426conditions; and because the operation and maintenance of
427hospital and other health care facilities by the district will
428constitute the performance of an essential public and
429governmental purpose. Any bonds issued under the provisions of
430this section, together with interest, their transfer, and the
431income therefrom, including any profit made on the sale thereof,
432shall at all times be free from taxation of every kind by the
433state, Volusia County, and municipalities and other political
434subdivisions in the state, except for those taxes imposed by
435chapter 220, Florida Statutes, on interest, income, or profits
436on debt obligations owned by corporations.
437     (g)  The board of commissioners may provide for the
438issuance of revenue bonds of the district for the purpose of
439refunding any of its revenue bonds then outstanding, including
440the payment of any redemption premium thereon and any interest
441accrued or to accrue to the earliest or subsequent date of
442redemption, purchase, or maturity of such revenue bonds. The
443proceeds of any such revenue bonds issued for such purpose may,
444in the discretion of the board of commissioners, be applied to
445the purchase or retirement at maturity or redemption of such
446outstanding revenue bonds either on their earliest or any
447subsequent redemption date, or upon the purchase, or at the
448maturity thereof, and may, pending such application, be placed
449in escrow to be applied to such purchase or retirement at
450maturity or redemption on such date as may be determined by the
451board of commissioners, and pending such application to
452purchase, retirement or redemption may be invested and
453reinvested in securities selected by or in such manner as the
454board of commissioners may provide.
455     (h)  Bonds issued by the board of commissioners under the
456provisions of this section are hereby made securities in which
457all public officers and public bodies of the state and its
458political subdivisions and all banks, trust companies, bankers,
459banking associations, savings banks and institutions, building
460and loan associations, savings and loan associations, investment
461companies, and other persons carrying on a banking or investment
462business; all insurance companies, insurance associations, and
463other persons carrying on an insurance business; and all
464executors, administrators, curators, trustees, and other
465fiduciaries may properly and legally invest funds, including
466capital in their control or belonging to them. Such bonds are
467hereby made securities which may properly and legally be
468deposited with and received by any state or municipal officer or
469any agency or political subdivision of the state for any purpose
470for which the deposit of bonds or obligations of the state is
471now or may hereinafter be authorized by law.
472     (6)  No election in the district shall be required as a
473condition precedent to the exercise by the board of
474commissioners of any of the powers conferred by this section
475unless such election shall be required by the Florida
476Constitution.
477     (7)  Revenue bonds may be issued under the provisions of
478this section without obtaining, except as otherwise expressly
479provided in this section, the consent of any department,
480division, commission, board, body, bureau, or agency of the
481state, or any political subdivision thereof, and without any
482other proceedings or the happening of any conditions or things
483other than those proceedings, conditions, or things which are
484specifically required by this section and the provisions of the
485resolution authorizing the issuance of such bonds or the trust
486agreement securing the same.
487     (8)  This section shall be deemed to provide an additional
488and alternative method for the doing of the things authorized
489hereby and shall be regarded as supplemental and additional to
490powers conferred by other laws.
491     Section 6.  In the course of the operation and maintenance
492of the health care facilities as defined by this act, including,
493but not limited to, section 4 and including all hospitals and
494facilities owned and operated by the authority, the term
495"operate and maintain," as defined in section 4, shall include:
496     (1)  The West Volusia Hospital Authority may advise the
497public and medical community of the medical, hospital, or other
498services and accommodations available at the facilities owned or
499operated by the West Volusia Hospital Authority, as defined by
500this act, by paying for the use of the media, including, but not
501limited to, newspapers, radio, television, videotape, audio
502tape, direct mail, handbills, leaflets, billboards, advertising
503signs, advertisements and announcements in magazines, brochures,
504trade publications, programs of public events, and by other
505means and mechanisms similar to the uses and the media
506enumerated, reaching the same or similar audiences as those
507reached by the media enumerated.
508     (2)  The West Volusia Hospital Authority is authorized to
509create such award programs as the authority shall deem desirable
510for the purpose of rewarding the employees and staff of the
511facilities and hospitals owned or operated by the authority for
512their services to such facilities or hospitals. Such awards may
513include, but not be limited to, certificates of recognition,
514pins, emblems, and insignia, as well as the grant of special
515compensation or privileges.
516     (3)  The West Volusia Hospital Authority is authorized to
517make available to patients, visitors, staff, and employees
518services and products, including, but not limited to, foods,
519coffee, and other beverages as the authority shall deem
520advisable; to promote good will and the use of hospital services
521by the public; and the cooperation of the employees and staff in
522furnishing services to and for the benefit of the hospital or
523other facilities enumerated in this act or to the general
524public, which shall include, but not be limited to, the
525furnishing of beverage and food products to meetings, patients,
526and the relatives of patients, pursuant to a program approved by
527the authority, either for the specific instance or according to
528a policy adopted by the authority which permits the exercise of
529discretion by the hospital administrator or persons designated
530by such administrator.
531     (4)  The authority is authorized to advance the costs of
532employees and staff members of the hospitals and medical
533facilities owned and operated by the authority attending
534educational programs and seminars, according to policy
535established by the authority, which may include the costs of the
536seminars, per diem, and traveling.
537     (5)  The authority may require that physical inventories be
538performed periodically instead of annually, at such times and in
539such manner as shall be determined by the authority, but in
540accordance with generally accepted accounting principles.
541     Section 7.  The board shall have the power of eminent
542domain, and may thereby condemn and acquire any real or personal
543property which the board may deem necessary for the use of the
544district, whether within or without the district. Such power of
545condemnation shall be exercised in the same manner as is now
546provided by the general law for the exercise of the power of
547eminent domain by cities and towns of the state.
548     Section 8.  The board of commissioners is hereby authorized
549and empowered to borrow money from time to time in order to
550provide for and carry out the purposes of this act. The district
551may issue the notes of the district, determine the aggregate
552amount of principal therefor, and set terms and rates of
553interest.
554     Section 9.  The funds of the district shall be paid out
555only upon warranty signed by two members of the board of
556commissioners or by the hospital administrator and one member of
557the board of commissioners and having thereto affixed the
558corporate seal of the district, which may be a facsimile or
559printed, and no warranty shall be drawn or issued against funds
560of the district except for the purpose authorized by this act.
561No such warrant against funds of the district shall be drawn or
562issued until after the account or expenditure for which the same
563is to be given in payment has been ordered and approved by the
564board of commissioners. No funds of the district shall be paid
565to a member of the board of commissioners as compensation for
566his or her services in that office excepting only the necessary
567expense of travel in the performance of the duties of his or her
568office, including attendance at meetings or conventions relating
569to the duties of his or her office, when such travel is
570authorized by a standing or special resolution adopted by the
571board of commissioners.
572     Section 10.  It shall be the duty of the board of
573commissioners to annually assess and levy against the taxable
574property within the district a tax to be collected and paid into
575the district fund and used by the board of commissioners for the
576purpose of this act, including the operation, maintenance,
577repair, and construction of a hospital or hospitals established
578as authorized by this act, or for the payment of any outstanding
579indebtedness authorized by section 8, or for the payment of
580other necessary expenses in carrying on and transacting the
581business of the district. However, the rate of taxation per
582annum under the taxing authority granted to the Board of
583Commissioners of the West Volusia Hospital Authority by this
584section for the purpose of this act, including the operating,
585maintaining, repairing, and constructing of any hospital or
586hospitals established as authorized by this act or for the
587payment of any outstanding indebtedness authorized by section 8,
588or for the payment of other necessary expenses in carrying on
589and transacting the business of the district, shall not exceed 5
590mills on the dollar of the valuation of the taxable property
591within the district.
592     Section 11.  The levy by the board of the taxes authorized
593by any provision of this act shall be by resolution of the board
594duly entered upon the minutes of the board. Certified copies of
595such resolution executed in the name of the board by its chair,
596under its corporate seal, shall be made and delivered to the
597County Council of Volusia County, Florida, and to the Florida
598Department of Revenue in the same manner and within the same
599time period as required by independent special districts
600pursuant to general law. The county council shall order and
601require the tax collector of the county to assess and to collect
602the amount of taxes so assessed or levied by the Board of
603Commissioners of the West Volusia Hospital Authority upon the
604nonexempt property in the district, at the rate of taxation as
605fixed, levied, and adopted by the board of commissioners of the
606district for the year and included in the warrant of the
607property appraiser and attached to the assessment roll of taxes
608for the county each year. The Tax Collector of Volusia County
609shall collect such tax so levied by the board in the same manner
610as other taxes are collected, and shall remit the taxes
611collected to the district within the time and in the manner
612prescribed by law for the collection and handling of taxes. All
613revenues so collected shall be held, used, invested, and
614disbursed by the district as provided in this act or as
615otherwise provided by law.
616     Section 12.  The board is authorized to pay from the funds
617of the district all expenses of the organization of the board
618and all expenses necessarily incurred with the formation of the
619district and all other reasonable and necessary expenses,
620including the fees and expenses of an attorney in the
621transaction of the business of the district, and in carrying out
622and accomplishing the purposes of this act. This section,
623however, shall not be construed to limit or restrict any of the
624powers vested in the board of commissioners by any other section
625or provision of this act.
626     Section 13.  At least once in each year the board of
627commissioners shall publish once in some newspaper published in
628the district a complete detailed statement of all moneys
629received and disbursed by the board since the creation of the
630district as to the first published statement and since the last
631published statement as to any other year. Such statements shall
632also show the several sources from which the funds were received
633and shall show the balance on hand at the time of the published
634statement. It shall also show a complete statement of the
635condition of the district.
636     Section 14.  Each hospital and clinic established under
637this act shall be for the use and benefit of the indigent sick
638and other residents of the district. Such residents shall be
639admitted to such hospital and clinic and be entitled to medical
640care without charge, subject to the rules and regulations
641prescribed by the board of commissioners. Such hospitals and
642clinics shall care for and treat without charge or,
643alternatively, for a reduced charge according to a sliding
644scale, patients who are found by such board of commissioners to
645be indigent, but the board may collect from financially able
646patients such charges as the board of commissioners may from
647time to time establish. The board of commissioners shall have
648the power to extend the benefits and privileges of such
649hospitals and clinics and treatment and outpatient department to
650the homes of the indigent residents of such county. Said board
651of commissioners may extend the privileges and use of such
652hospitals and clinics to nonresidents of such district upon such
653terms and conditions as the board may from time to time by its
654rules and regulations provide; provided, however, that the
655indigent residents of the district wherein such hospital and
656clinic are located shall have the first claim to admission.
657     Section 15.  It is intentional that the provisions of this
658act shall be liberally construed for accomplishing the work
659authorized and provided for or intended to be provided for in
660this act, and where strict construction would result in the
661defeat of the accomplishment of any party of the work authorized
662by this act, and a liberal construction would permit or assist
663in the accomplishment thereof, the liberal construction shall be
664chosen.
665     Section 16.  Any and all bonds issued under the provisions
666of this act may be validated by the Board of Commissioners of
667the West Volusia Hospital Authority under and in accordance with
668the provisions of the general laws of Florida, in the same
669manner as is therein provided for validation of bonds, etc., by
670any county, municipality, or taxing district, etc., of the
671state.
672     Section 17.  The district and the board of commissioners of
673the district shall have the power to purchase, construct and
674erect, lease, equip, operate, and maintain or manage a hospital
675or hospitals in the district for the care of the sick or infirm
676or those suffering from any disease or injury to or of the body
677or mind.
678     Section 18.  In accordance with section 189.404(3), Florida
679Statutes, the following subsections shall constitute the minimum
680charter requirements for the district:
681     (1)  The district is organized and exists for the purpose
682set forth in this act, as it may be amended from time to time.
683     (2)  The powers, functions, and duties of the district,
684including, but not limited to, ad valorem taxation, bond
685issuance, other revenue-raising capabilities, budget preparation
686and approval, liens and foreclosure of liens, use of tax deeds
687and tax certificates as appropriate for non-ad valorem
688assessments, and contractual agreements shall be as set forth in
689this act, chapters 189 and 197, Florida Statutes, or any other
690applicable general or special law, as they may be amended from
691time to time.
692     (3)  The district was created by special act of the Florida
693Legislature by chapter 57-2085, Laws of Florida, as amended.
694     (4)  The district's charter may be amended only by special
695act of the Legislature.
696     (5)  In accordance with chapter 189, Florida Statutes, and
697this act, the district is governed by a five-member board of
698commissioners as provided for herein.
699     (6)  The compensation of the board of commissioners shall
700be as provided for by this act.
701     (7)  The administrative duties of the board of
702commissioners shall be as set forth in this act and chapter 189,
703Florida Statutes, as they may be amended from time to time.
704     (8)  Requirements for financial disclosure, meeting
705notices, reporting, public records maintenance, and per diem
706expenses for officers and employees shall be as set forth in
707chapters 112, 119, 189, and 286, Florida Statutes, and this act,
708as they may be amended from time to time.
709     (9)  The procedures and requirements governing the issuance
710of bonds, notes, and other evidence of indebtedness by the
711district shall be as set forth in this act, and applicable
712general laws, as they may be amended from time to time.
713     (10)  The procedures for conducting district elections and
714for qualification of electors shall be pursuant to this act and
715chapter 189, Florida Statutes, as they may be amended from time
716to time.
717     (11)  The district may be financed by any method
718established in this act, and applicable general laws, as they
719may be amended from time to time.
720     (12)  The district does not collect non-ad valorem
721assessments, fees, or service charges as set forth in chapter
722197, Florida Statutes.
723     (13)  The district's planning requirements shall be as set
724forth in chapter 189, Florida Statutes, and this act, as they
725may be amended from time to time.
726     (14)  The district's geographic boundary limitations shall
727be as set forth in this act.
728     (15)  This section shall not be construed to limit or
729restrict any of the powers vested in the board of commissioners
730by any other section or provision of this act.
731     Section 4.  If any provision of this act or the application
732thereof to any person or circumstance is held invalid, the
733invalidity shall not affect other provisions or applications of
734the act which can be given effect without the invalid provision
735or application, and to this end the provisions of this act are
736declared severable.
737     Section 5.  This act shall be construed as a remedial act
738and shall be liberally construed to promote the purpose for
739which it is intended.
740     Section 6.  Chapters 27949 (1951), 57-1929, 57-2085, 59-
7411949, 61-2974, 63-2014, 65-2344, 67-2152, 69-1696, 69-1698, 71-
742951, 71-955, 82-383, 88-473, and 96-455, Laws of Florida, are
743repealed.
744     Section 7.  Section 10 of section 3 of this act is amended
745to read:
746     Section 10.  It shall be the duty of the board of
747commissioners to annually assess and levy against the taxable
748property within the district a tax to be collected and paid into
749the district fund and used by the board of commissioners for the
750purpose of this act, including the operation, maintenance,
751repair, and construction of a hospital or hospitals established
752as authorized by this act, or for the payment of any outstanding
753indebtedness authorized by section 8, or for the payment of
754other necessary expenses in carrying on and transacting the
755business of the district. However, the rate of taxation per
756annum under the taxing authority granted to the Board of
757Commissioners of the West Volusia Hospital Authority by this
758section for the purpose of this act, including the operating,
759maintaining, repairing, and constructing of any hospital or
760hospitals established as authorized by this act or for the
761payment of any outstanding indebtedness authorized by section 8,
762or for the payment of other necessary expenses in carrying on
763and transacting the business of the district, shall not exceed 4
7645 mills on the dollar of the valuation of the taxable property
765within the district.
766     Section 8.  The provisions of section 7 of this act which
767authorize the levy of ad valorem taxation at a reduced rate
768shall take effect only upon express approval by a majority vote
769of those qualified electors of the district, as required by
770Section 9 of Article VII of the State Constitution, voting in a
771referendum to be held by the district and conducted by the
772Supervisor of Elections of Volusia County on August 31, 2004, in
773accordance with the provisions of law relating to elections
774currently in force in the district. The question to be placed on
775the ballot shall be in substantially the following form:
776
777Shall the maximum ad valorem property tax rate that can be
778levied by the West Volusia Hospital Authority be reduced
779from 5 mills to 4 mills?
780
781YES______
782
783NO_______
784
785     Section 9.  Except as otherwise provided herein, this act
786shall take effect upon becoming a law.


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