HB 0999

1	A bill to be entitled
2	An act relating to the Lake Shore Hospital Authority,
3	Columbia County; amending, codifying, reenacting, and
4	repealing chapters 24443 (1947), 25736 (1949), 30264
5	(1955), 61-2048, 63-1247, 65-1414, 72-509, 90-409, and 92-
6	229, Laws of Florida, relating to the authority; providing
7	definitions; providing for a governing body; providing for
8	the governing body's purposes, powers, duties, and
9	responsibilities; authorizing the issuance of revenue
10	bonds, incidental powers, and refunding bonds; providing
11	remedies for any holder of bonds or trustee; providing for
12	transfer of existing facilities; providing exemption of
13	property from taxation; providing that bonds shall
14	constitute legal investments; providing that act is
15	complete and additional authority; providing taxing
16	authority, including authority to levy ad valorem taxes;
17	providing construction of act; providing severability;
18	repealing special acts relating to the authority;
19	providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Pursuant to section 189.429, Florida Statutes,
24	this act constitutes the codification of all special acts
25	relating to the Lake Shore Hospital Authority.  It is the intent
26	of the Legislature in enacting this law to provide a single,
27	comprehensive special act charter for the authority, including
28	all current legislative authority granted to the authority by
29	its several legislative enactments and any additional authority
30	granted by this act.  It is further the intent of this act to
31	preserve all authority of the Lake Shore Hospital Authority,
32	including the authority to annually assess and levy against the
33	taxable property in Columbia County taxes.  This act shall not
34	be construed to modify, amend, or alter any covenants,
35	contracts, or other obligations of the authority with respect to
36	bonded indebtedness or otherwise.  Nothing pertaining to the act
37	shall be construed to affect the ability of the authority to
38	levy and collect taxes, assessments, fees, or charges for the
39	purpose of redeeming or servicing bonded indebtedness of the
40	authority or for any other authorized purpose.
41	Section 2.  Chapters 24443 (1947), 25736 (1949), 30264
42	(1955), 61-2048, 63-1247, 65-1414, 72-509, 90-409, and 92-229,
43	Laws of Florida, are codified, reenacted, amended, and repealed
44	as herein provided.
45	Section 3.  The charter for the Lake Shore Hospital
46	Authority is re-created and reenacted to read:
47	Section 1.  Creation and establishment.--There is created
48	and established a body corporate and politic to be known as the
49	Lake Shore Hospital Authority of Columbia County.
50	Section 2.  Definitions.--The following terms whenever used
51	or referred to in this act shall have the following meanings,
52	except in those instances where the context clearly indicates
53	otherwise:
54	(1)  "Authority" means the body politic and corporate
55	created by this act and known as the Lake Shore Hospital
56	Authority of Columbia County.
57	(2)  "Bonds" means and includes the notes, revenue bonds,
58	refunding revenue bonds, or other evidence of indebtedness or
59	obligations in either temporary or definitive form which the
60	authority is authorized to issue pursuant to this act.
61	(3)  "County" means the County of Columbia.
62	(4)  "Facility" or "facilities" means the Lake Shore
63	Hospital, other hospitals, clinics, outpatient departments, and
64	other appurtenant facilities of the authority.
65	(5)  "Federal agency" means and includes the United States,
66	the President of the United States, and any department of, or
67	corporation, agency, or instrumentality heretofore or hereafter
68	created, designated, or established by, the United States.
69	(6)  "Members" means the governing body of the authority
70	and the term "member" means one of the individuals constituting
71	such governing body.
72	(7)  "Revenues" means all rates, fees, rentals, and other
73	charges derived from the operation of the facilities of the
74	authority.
75
76	Words importing singular number shall include the plural number
77	in each case and vice versa, and words importing persons shall
78	include firms and corporations.
79	Section 3.  Governing body.--
80	(1)  The governing body of the authority shall consist of
81	seven members.  Such members shall be citizens and residents of
82	Columbia County who shall be appointed by the Governor.  One
83	member shall be a physician engaged in the practice of medicine
84	at the Lake Shore Hospital.  The present trustees of the Lake
85	Shore Hospital Authority, having been appointed by the Governor,
86	shall serve as the initial members of the authority until their
87	respective terms of office expire.  Thereafter, the term of
88	office of each appointed member shall be for 4 years.  Each
89	appointed member shall hold office until his or her successor
90	has been appointed and qualified.  A vacancy occurring during a
91	term shall be filled only for the balance of the unexpired term.
92	(2)  No elected public official shall be a member of the
93	authority.
94	(3)  The members of the authority shall not be entitled to
95	compensation as such, but shall be entitled to reimbursement for
96	their actual and necessary expenses incurred in the performance
97	of their official duties.
98	(4)  Four members of the authority shall constitute a
99	quorum and ordinances or resolutions enacted or adopted by a
100	vote of a majority of the members shall become effective without
101	publication or posting or any further action of the authority.
102	Section 4.  Officers.--Immediately after the effective date
103	of this act, the members of the authority shall meet and qualify
104	by taking the oath of office regularly prescribed for state and
105	county officials in the state.  They shall maintain a place
106	within Columbia County for the principal office of the
107	authority, where the members shall meet at least once each month
108	for the transaction of business.  The members shall annually
109	elect from among their number a chair, one or more vice chairs,
110	and a secretary and treasurer, except that the offices of
111	secretary and treasurer may be combined.  The chair, or a vice
112	chair presiding in his or her absence, shall not be entitled to
113	vote upon any matter before the authority except when the votes
114	that have been cast shall be evenly divided.  The treasurer
115	shall give a bond by a reputable bonding company authorized to
116	do business in the state, in an amount to be designated by a
117	majority vote of the members, conditioned upon the faithful
118	performance of his or her duties.  The members are hereby
119	authorized to pay the secretary and the treasurer salaries and
120	expenses commensurate with the work done and in keeping with the
121	salaries paid from time to time by other businesses for like
122	work.
123	Section 5.  Duties of secretary and treasurer.--It shall be
124	the duty of the secretary to keep full and correct minutes of
125	all proceedings and meetings of the authority and it shall be
126	the duty of the treasurer to keep separate accounts of all
127	receipts and disbursements of the authority.
128	Section 6.  Control of expenditures.--The members shall
129	have exclusive control of all expenditures of and from the
130	moneys, loan proceeds, contributions, receipts, revenues, and
131	collections of the authority, except that persons who shall
132	desire to make contributions for the benefit of any facility or
133	facilities of the authority shall have the right to attach
134	conditions to their gifts, and the authority, upon accepting any
135	such contribution, shall be controlled by the terms of the gift,
136	bequest, or devise.
137	Section 7.  Purposes and powers.--The authority is created
138	and shall have the power generally to acquire, construct,
139	improve, enlarge, repair, equip, operate, and maintain hospitals
140	and hospital facilities in Columbia County.  The authority is
141	granted the following rights and powers and shall have and may
142	exercise all powers necessary or appurtenant, convenient, or
143	incidental to the carrying out of the powers enumerated in this
144	act:
145	(1)  To sue and be sued, implead, complain, and defend in
146	all courts.
147	(2)  To adopt, use, and alter at will a corporate seal.
148	(3)  To acquire, own, hold, purchase, construct, improve,
149	maintain, operate, extend, equip, repair, own, and lease
150	hospitals, clinics, outpatient departments, and other
151	appurtenant facilities, including, without limitation, all
152	lands, buildings, structures, furniture, fixtures, machinery,
153	equipment, books, records, and all other real and personal
154	property of any kind and nature whatsoever presently owned,
155	controlled, maintained, and operated or which was heretofore or
156	may hereafter be acquired, constructed, or improved by the Lake
157	Shore Hospital Authority of Columbia County.
158	(4)  To acquire, purchase, hold, own, operate, and lease
159	and use any franchises, properties, real, personal, or mixed,
160	tangible or intangible, or any interest therein necessary or
161	desirable for carrying out the purposes of the authority and
162	this act and to sell, lease, transfer, and dispose of any
163	property or interest therein at any time acquired by it.
164	(5)  To provide at one time or from time to time for the
165	issuance of bonds as hereinafter provided.
166	(6)  To enter into and make leases, either as lessee or
167	lessor, for such period or periods of time and under such terms
168	and conditions as the authority shall determine. Such leases may
169	be entered into for buildings, structures, or facilities
170	constructed or acquired or to be constructed or acquired by the
171	authority, or may be entered into for lands owned by the
172	authority when the lessee of said lands agrees as a
173	consideration for said lease to construct or acquire buildings,
174	structures, or facilities on said lands which will become the
175	property of the authority under such terms, rentals, and other
176	conditions as the authority shall deem proper.
177	(7)  To fix, alter, charge, establish, and collect rates,
178	fees, rentals, and other charges for the services and facilities
179	of hospitals, clinics, outpatient departments, and other
180	appurtenant facilities related thereto, or any part thereof, at
181	reasonable and uniform rates to be determined exclusively by the
182	authority for the purposes of carrying out the provisions of
183	this act.
184	(8)  To furnish temporary relief to the indigent of
185	Columbia County and study the cause of their poverty; to seek a
186	plan for their permanent rehabilitation; generally, to assist
187	them to support themselves whenever possible to the end that
188	they may cease to be a charge upon the community and, instead,
189	become useful citizens thereof; and to bury the indigent dead of
190	Columbia County and provide cemeteries for that purpose.
191	(9)  To make contracts of every kind and nature and to
192	execute all instruments necessary or convenient for the carrying
193	on of its business.
194	(10)  Without limitation of the foregoing, to borrow money
195	and accept grants, contributions, or loans from, and to enter
196	into contracts, leases, or other transactions with the United
197	States Government or any agency thereof, the state, or any
198	agency thereof, the County of Columbia, the City of Lake City,
199	or with any other public body of any nature whatsoever.
200	(11)  To pledge, hypothecate, or otherwise encumber all or
201	any part of the revenues and other available funds of the
202	authority as security for all or any of the bonds issued by the
203	authority.
204	(12)  To employ an executive director, physicians,
205	surgeons, accountants, attorneys, bacteriologists, chemists,
206	contractors, engineers, architects, superintendents, nurses,
207	technicians, managers, construction and financial experts,
208	radiologists, or any other person or persons skilled in hygiene
209	or medical research, and such other employees and agents as may,
210	in the judgment of the authority, be necessary, and fix their
211	compensation.
212	(13)  To provide for those inhabitants of Columbia County
213	who, by reason of age, infirmity, or misfortune, have claims
214	upon the aid and sympathy of society.
215	(14)  To receive and accept grants, gifts, and donations
216	from any person, firm, or governmental agency.
217	(15)  To do all acts and things necessary or convenient in
218	the carrying out of the powers granted herein.
219	Section 8.  Maintenance and operation.--The Board of County
220	Commissioners of Columbia County is hereby directed and charged
221	with the duty of providing sufficient revenue for the
222	maintenance and operation of the facilities of the authority
223	from year to year, which such revenue, when made available,
224	shall be paid over to the authority to be expended for such
225	purposes.
226	Section 9.  Revenue bonds.--
227	(1)  The authority is authorized to provide by resolution
228	at one time or from time to time for the issuance of bonds of
229	the authority for the purpose of paying all or a part of the
230	cost of acquisition, construction, equipping, repairing,
231	extending, maintaining, and reconstructing any facility or
232	facilities or any combination of facilities of the authority.
233	The bonds of each issue shall be dated, shall bear interest at
234	such rate or rates not exceeding the maximum rate authorized by
235	general law, shall mature at such time or times not exceeding 40
236	years from their date or dates, as may be determined by the
237	authority, and may be made redeemable before maturity, at the
238	option of the authority, at such price or prices and under such
239	terms and conditions as may be fixed by the authority prior to
240	the issuance of the bonds. The authority shall determine the
241	form of the bonds, including any interest coupons to be attached
242	thereto, and the manner of execution of the bonds and coupons,
243	and shall fix the denomination or denominations of the bonds and
244	the place or places of payment of principal and interest, which
245	may be at any bank or trust company within or without the state.
246	In case any officer whose signature or a facsimile of whose
247	signature shall appear on any bonds or coupons shall cease to be
248	such officer before the delivery of such bonds, such signature
249	or such facsimile shall nevertheless be valid and sufficient for
250	all purposes the same as if he or she had remained in office
251	until such delivery.  All bonds issued under the provisions of
252	this act shall have all the qualities and incidents of
253	negotiable instruments under the negotiable instruments laws of
254	the state.  The bonds may be issued in coupon or in registered
255	form, or both, as the authority may determine, and provisions
256	may be made for the registration of any coupon bonds as to
257	principal alone and also as to both principal and interest, and
258	for the reconversion into coupon bonds of any bonds registered
259	as to both principal and interest.  The issuance of such bonds
260	shall not be subject to any limitations or conditions contained
261	in any other law, and the authority may sell such bonds in such
262	manner and for such price as it may determine to be for the best
263	interest of the authority. Prior to the preparation of
264	definitive bonds, the authority may, under like restrictions,
265	issue interim receipts or temporary bonds with or without
266	coupons, exchangeable for definitive bonds when such bonds have
267	been executed and are available for delivery.  The authority may
268	also provide for the replacement of any bonds which shall be
269	mutilated, destroyed, or lost.
270	(2)  Such bonds may be payable from the revenues derived
271	from the operation of the facilities or of any combination
272	thereof and from any other funds legally available therefor.
273	The bonds shall be entitled to such priorities on such revenues
274	as the authority shall provide.  The issuance of such bonds
275	shall not directly, indirectly, or contingently obligate the
276	county to levy ad valorem taxes for their payment and the
277	authority shall not convey or mortgage such facilities or any
278	part thereof as security for payment of the bonds.
279	Section 10.  Incidental powers.--
280	(1)  In the discretion of the authority, each or any issue
281	of such bonds may be secured by a trust agreement by and between
282	the authority and a corporate trustee, which may be any trust
283	company or bank having the powers of a trust company within or
284	outside of the state.  Such trust agreement may pledge or assign
285	the revenues to be received by the authority.  The resolution
286	providing for the issuance of bonds or such trust agreement may
287	contain such provisions for protecting and enforcing the rights
288	and remedies of the bondholders as may be reasonable, proper,
289	and not in violation of law, including covenants setting forth
290	the duties of the authority in relation to the acquisition,
291	construction, improvement, maintenance, operation, repair, and
292	insurance of the facilities and the custody, safeguarding, and
293	application of all moneys.  It is lawful for any bank or trust
294	company incorporated under the laws of the state to act as such
295	depository and to furnish such indemnifying bonds or to pledge
296	such securities as may be required by the authority.  Such
297	resolution or such trust agreement may restrict the individual
298	rights of action by bondholders as is customary in trust
299	agreements securing bonds or debentures of corporations.  In
300	addition to the foregoing, such resolution or such trust
301	agreement may contain such other provisions as the authority may
302	deem reasonable and proper for the security of the bondholders.
303	Except as in this act otherwise provided, the authority may
304	provide, by resolution or by trust agreement, for the payment of
305	the proceeds of the sale of the bonds and the revenues to such
306	officer, board, or depository as it may determine for the
307	custody thereof, and for the method of disbursement thereof,
308	with such safeguards and restrictions as it may determine. All
309	expenses incurred in carrying out such trust agreement may be
310	treated as a part of the cost of operation of the facility or
311	facilities affected by such trust agreement.
312	(2)  The resolution or trust agreement providing for the
313	issuance of the bonds may also contain such limitations upon the
314	issuance of additional revenue bonds as the authority may deem
315	proper, and such additional bonds shall be issued under such
316	restrictions or limitations as may be prescribed by such
317	resolution or trust agreement.
318	(3)  Bonds may be issued under the provisions of this act
319	without obtaining the consent of any commission, board, bureau,
320	or agency of the state or county and without any other
321	proceedings or the happening of any condition or thing other
322	than those proceedings, conditions, or things which are
323	specifically required by this act.
324	(4)  The proceeds of the bonds shall be used solely for the
325	payment of the cost of the facility or facilities for which such
326	bonds shall have been authorized and shall be disbursed in the
327	manner provided in the resolution or in the trust agreement
328	authorizing the issuance of such bonds.  If the proceeds of the
329	bonds of any issue shall exceed the amount required for the
330	purpose for which the same shall have been issued, the surplus
331	shall be set aside and used only for paying the principal of and
332	interest on such bonds.
333	Section 11.  Refunding bonds.--The authority is hereby
334	authorized to provide by resolution for the issuance of
335	refunding revenue bonds for the purpose of refunding any bonds
336	then outstanding and issued under the provisions of this act.
337	The authority is further authorized to provide by resolution for
338	the issuance of bonds for the combined purpose of paying the
339	cost of any acquisition, construction, repair, extensions,
340	additions, equipping, and reconstruction of any facilities of
341	the authority, and refunding bonds of the authority which shall
342	theretofore have been issued under the provisions of this act
343	and shall then be outstanding.  The issuance of such
344	obligations, the maturities and other details thereof, the right
345	and remedies of the holders thereof, and the rights, powers,
346	privileges, duties, and obligations of the authority with
347	respect to the same shall be governed by the foregoing
348	provisions of this act insofar as the same may be applicable.
349	Section 12.  Remedies.--Any holder of bonds issued under
350	the provisions of this act or any of the coupons appertaining
351	thereto and the trustee under any trust agreement, except to the
352	extent that the rights herein given may be restricted by such
353	trust agreement, may, either at law or in equity, by suit,
354	action, mandamus, or other proceedings, protect and enforce any
355	and all rights under the laws of the state or granted hereunder
356	or under such trust agreement or the resolution authorizing the
357	issuance of such bonds, and may enforce and compel the
358	performance of all duties required by this act or by such trust
359	agreement or resolution to be performed by the authority or by
360	any officer thereof.
361	Section 13.  Transfer of existing facilities.--
362	(1)  On the effective date of this act, all of the right,
363	title, and interest of the Lake Shore Hospital District and Lake
364	Shore Hospital Corporation in and to the existing hospital
365	facilities situated in Lake City, Columbia County, and known as
366	the Lake Shore Hospital, including all land, buildings,
367	structures, furniture, fixtures, machinery, equipment, books,
368	records, and all other real and personal property of any kind
369	and nature whatsoever, and all powers, jurisdiction, and control
370	over or relating thereto, heretofore vested in the Columbia
371	County Board by reason of chapter 30264, Laws of Florida (1955),
372	as amended, shall, upon request of the authority, be
373	transferred, set over, assigned, and conveyed to said authority,
374	and the said Lake Shore Hospital Board shall thereupon transmit
375	to the proper officers of the authority all deeds, conveyances,
376	documents, books, and records relating to said Lake Shore
377	Hospital Board and shall execute all necessary documents and
378	papers to carry out and consummate the conveyance and transfer
379	of said property to said authority.
380	(2)  This section, without reference to any other laws,
381	shall be deemed to be and shall constitute complete authority
382	for the transfer, assignment, and conveyance herein authorized.
383	Any provisions of other laws to the contrary notwithstanding and
384	no proceedings or other actions shall be required, except as
385	herein prescribed.
386	Section 14.  Exemption of property from taxation.--The
387	effectuation of the purposes of the authority created under this
388	act is in all respects for the benefit of the people of the
389	state and of Columbia County, for the increase of their commerce
390	and prosperity. The exercise of the powers by the authority,
391	conferred by this act, to effect such purposes constitutes the
392	performance of essential county functions and is declared to be
393	a county purpose. As the facilities owned, operated, supervised,
394	and controlled by the authority, under the provisions of this
395	act, constitute public property and are used for county
396	purposes, the authority shall not be required to pay any taxes
397	or assessments upon any such facilities or any parts thereof.
398	Section 15.  Bonds to constitute legal investments.--Any
399	bonds issued pursuant to this act shall be and constitute legal
400	investments for banks, savings banks, trustees, executors,
401	administrators, and all other fiduciaries for all state,
402	municipal, and public funds and shall also be and constitute
403	securities eligible for deposit as security for all state,
404	municipal, or other public funds notwithstanding the provisions
405	of any other law or laws to the contrary.
406	Section 16.  Act complete and additional authority.--The
407	powers conferred by this act shall be in addition and
408	supplemental to the existing powers of the authority, if any,
409	and this act shall not be construed as repealing any of the
410	provisions of any other law, whether general, special, or local,
411	but shall be deemed to supersede such other law or laws in the
412	exercise of the powers provided in this act insofar as such
413	other law or laws are inconsistent with the provisions of this
414	act and to provide a complete method for the exercise of the
415	powers granted herein.
416	Section 17.  Taxing authority.--
417	(1)  The members of the Lake Shore Hospital Authority of
418	Columbia County are authorized to request, by resolution of said
419	hospital authority, the Board of County Commissioners of
420	Columbia County to levy a tax not to exceed 3 mills on all
421	taxable property in the county for the purpose of maintenance
422	and operation of the hospital and facilities and for providing
423	health care for the indigent residents of Columbia County.
424	(2)  Upon request by resolution of the Lake Shore Hospital
425	Authority, the Board of County Commissioners of Columbia County
426	shall levy a tax upon all the taxable property in the county for
427	the purpose of maintenance and operation of the hospital and
428	facilities and care of the indigent residents of Columbia County
429	in an amount not to exceed 3 mills. Upon the assessment and
430	collection of said tax, the county tax collector shall remit the
431	moneys thereby collected to the director of the authority.
432	Section 18.  Construction of act.--This act shall be
433	construed as remedial and shall be liberally construed to
434	promote the purpose for which it is intended.
435	Section 19.  If any section, clause, or provision of this
436	act shall be held unconstitutional, void, or ineffective for any
437	reason in whole or in part, to the extent that it is not
438	unconstitutional or ineffective, it shall be valid and
439	effective, and no other section, clause, or provision shall on
440	account thereof be deemed invalid or ineffective.
441	Section 4.  Chapters 24443 (1947), 25736 (1949), 30264
442	(1955), 61-2048, 63-1247, 65-1414, 72-509, 90-409, and 92-229,
443	Laws of Florida, are repealed.
444	Section 5.  This act shall take effect upon becoming a law.

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