HB 0999CS

CHAMBER ACTION



1The Finance & Tax Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Lake Shore Hospital Authority,
7Columbia County; amending, codifying, reenacting, and
8repealing chapters 24443 (1947), 25736 (1949), 30264
9(1955), 61-2048, 63-1247, 65-1414, 72-509, 90-409, and 92-
10229, Laws of Florida, relating to the authority; providing
11definitions; providing for a governing body; providing for
12the governing body's purposes, powers, duties, and
13responsibilities; authorizing the issuance of revenue
14bonds, incidental powers, and refunding bonds; providing
15remedies for any holder of bonds or trustee; providing
16exemption of property from taxation; providing that bonds
17shall constitute legal investments; providing that act is
18complete and additional authority; providing taxing
19authority, including authority to levy ad valorem taxes;
20providing construction of act; providing severability;
21repealing special acts relating to the authority;
22providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Pursuant to section 189.429, Florida Statutes,
27this act constitutes the codification of all special acts
28relating to the Lake Shore Hospital Authority. It is the intent
29of the Legislature in enacting this law to provide a single,
30comprehensive special act charter for the authority, including
31all current legislative authority granted to the authority by
32its several legislative enactments and any additional authority
33granted by this act. It is further the intent of this act to
34preserve all authority of the Lake Shore Hospital Authority,
35including the authority to annually assess and levy against the
36taxable property in Columbia County taxes. This act shall not be
37construed to modify, amend, or alter any covenants, contracts,
38or other obligations of the authority with respect to bonded
39indebtedness or otherwise. Nothing pertaining to the act shall
40be construed to affect the ability of the authority to levy and
41collect taxes, assessments, fees, or charges for the purpose of
42redeeming or servicing bonded indebtedness of the authority or
43for any other authorized purpose.
44     Section 2.  Chapters 24443 (1947), 25736 (1949), 30264
45(1955), 61-2048, 63-1247, 65-1414, 72-509, 90-409, and 92-229,
46Laws of Florida, are codified, reenacted, amended, and repealed
47as herein provided.
48     Section 3.  The charter for the Lake Shore Hospital
49Authority is re-created and reenacted to read:
50     Section 1.  Creation and establishment.--There is created
51and established a body corporate and politic to be known as the
52Lake Shore Hospital Authority of Columbia County.
53     Section 2.  Definitions.--The following terms whenever used
54or referred to in this act shall have the following meanings,
55except in those instances where the context clearly indicates
56otherwise:
57     (1)  "Authority" means the body politic and corporate
58created by this act and known as the Lake Shore Hospital
59Authority of Columbia County.
60     (2)  "Bonds" means and includes the notes, revenue bonds,
61refunding revenue bonds, or other evidence of indebtedness or
62obligations in either temporary or definitive form which the
63authority is authorized to issue pursuant to this act.
64     (3)  "County" means the County of Columbia.
65     (4)  "Facility" or "facilities" means the Lake Shore
66Hospital, other hospitals, clinics, outpatient departments, and
67other appurtenant facilities of the authority.
68     (5)  "Federal agency" means and includes the United States,
69the President of the United States, and any department of, or
70corporation, agency, or instrumentality heretofore or hereafter
71created, designated, or established by, the United States.
72     (6)  "Members" means the governing body of the authority
73and the term "member" means one of the individuals constituting
74such governing body.
75     (7)  "Revenues" means all rates, fees, rentals, and other
76charges derived from the operation of the facilities of the
77authority.
78
79Words importing singular number shall include the plural number
80in each case and vice versa, and words importing persons shall
81include firms and corporations.
82     Section 3.  Governing body.--
83     (1)  The governing body of the authority shall consist of
84seven members. Such members shall be citizens and residents of
85Columbia County who shall be appointed by the Governor. One
86member shall be a physician engaged in the practice of medicine
87at the Lake Shore Hospital. The present trustees of the Lake
88Shore Hospital Authority, having been appointed by the Governor,
89shall serve as the initial members of the authority until their
90respective terms of office expire. Thereafter, the term of
91office of each appointed member shall be for 4 years. Each
92appointed member shall hold office until his or her successor
93has been appointed and qualified. A vacancy occurring during a
94term shall be filled only for the balance of the unexpired term.
95     (2)  No elected public official shall be a member of the
96authority.
97     (3)  The members of the authority shall not be entitled to
98compensation as such, but shall be entitled to reimbursement for
99their actual and necessary expenses incurred in the performance
100of their official duties.
101     (4)  Four members of the authority shall constitute a
102quorum and ordinances or resolutions enacted or adopted by a
103vote of a majority of the members shall become effective without
104publication or posting or any further action of the authority.
105     Section 4.  Officers.--Immediately after the effective date
106of this act, the members of the authority shall meet and qualify
107by taking the oath of office regularly prescribed for state and
108county officials in the state. They shall maintain a place
109within Columbia County for the principal office of the
110authority, where the members shall meet at least once each month
111for the transaction of business. The members shall annually
112elect from among their number a chair, one or more vice chairs,
113and a secretary and treasurer, except that the offices of
114secretary and treasurer may be combined. The chair, or a vice
115chair presiding in his or her absence, shall not be entitled to
116vote upon any matter before the authority except when the votes
117that have been cast shall be evenly divided. The treasurer shall
118give a bond by a reputable bonding company authorized to do
119business in the state, in an amount to be designated by a
120majority vote of the members, conditioned upon the faithful
121performance of his or her duties. The members are hereby
122authorized to pay the secretary and the treasurer salaries and
123expenses commensurate with the work done and in keeping with the
124salaries paid from time to time by other businesses for like
125work.
126     Section 5.  Duties of secretary and treasurer.--It shall be
127the duty of the secretary to keep full and correct minutes of
128all proceedings and meetings of the authority and it shall be
129the duty of the treasurer to keep separate accounts of all
130receipts and disbursements of the authority.
131     Section 6.  Control of expenditures.--The members shall
132have exclusive control of all expenditures of and from the
133moneys, loan proceeds, contributions, receipts, revenues, and
134collections of the authority, except that persons who shall
135desire to make contributions for the benefit of any facility or
136facilities of the authority shall have the right to attach
137conditions to their gifts, and the authority, upon accepting any
138such contribution, shall be controlled by the terms of the gift,
139bequest, or devise.
140     Section 7.  Purposes and powers.--The authority is created
141and shall have the power generally to acquire, construct,
142improve, enlarge, repair, equip, operate, and maintain hospitals
143and hospital facilities in Columbia County. The authority is
144granted the following rights and powers and shall have and may
145exercise all powers necessary or appurtenant, convenient, or
146incidental to the carrying out of the powers enumerated in this
147act:
148     (1)  To sue and be sued, implead, complain, and defend in
149all courts.
150     (2)  To adopt, use, and alter at will a corporate seal.
151     (3)  To acquire, own, hold, purchase, construct, improve,
152maintain, operate, extend, equip, repair, and lease hospitals,
153clinics, outpatient departments, and other appurtenant
154facilities, including, without limitation, all lands, buildings,
155structures, furniture, fixtures, machinery, equipment, books,
156records, and all other real and personal property of any kind
157and nature whatsoever presently owned, controlled, maintained,
158and operated or which was heretofore or may hereafter be
159acquired, constructed, or improved by the Lake Shore Hospital
160Authority of Columbia County.
161     (4)  To acquire, purchase, hold, own, operate, and lease
162and use any franchises, properties, real, personal, or mixed,
163tangible or intangible, or any interest therein necessary or
164desirable for carrying out the purposes of the authority and
165this act and to sell, lease, transfer, and dispose of any
166property or interest therein at any time acquired by it.
167     (5)  To provide at one time or from time to time for the
168issuance of bonds as hereinafter provided.
169     (6)  To enter into and make leases, either as lessee or
170lessor, for such period or periods of time and under such terms
171and conditions as the authority shall determine. Such leases may
172be entered into for buildings, structures, or facilities
173constructed or acquired or to be constructed or acquired by the
174authority, or may be entered into for lands owned by the
175authority when the lessee of said lands agrees as a
176consideration for said lease to construct or acquire buildings,
177structures, or facilities on said lands which will become the
178property of the authority under such terms, rentals, and other
179conditions as the authority shall deem proper.
180     (7)  To fix, alter, charge, establish, and collect rates,
181fees, rentals, and other charges for the services and facilities
182of hospitals, clinics, outpatient departments, and other
183appurtenant facilities related thereto, or any part thereof, at
184reasonable and uniform rates to be determined exclusively by the
185authority for the purposes of carrying out the provisions of
186this act.
187     (8)(a)  To furnish temporary relief to the indigent of
188Columbia County and study the cause of their poverty; to seek a
189plan for their permanent rehabilitation; generally, to assist
190them to support themselves whenever possible to the end that
191they may cease to be a charge upon the community and, instead,
192become useful citizens thereof; and to bury the indigent dead of
193Columbia County and provide cemeteries for that purpose.
194     (b)  To enter into contracts or other agreements with
195hospitals, health care providers, and facilities located in
196Columbia County for the provision of health care services to
197indigent residents of Columbia County.
198     (9)  To make contracts of every kind and nature and to
199execute all instruments necessary or convenient for the carrying
200on of its business.
201     (10)  Without limitation of the foregoing, to borrow money
202and accept grants, contributions, or loans from, and to enter
203into contracts, leases, or other transactions with the United
204States Government or any agency thereof, the state, or any
205agency thereof, the County of Columbia, the City of Lake City,
206or with any other public body of any nature whatsoever.
207     (11)  To pledge, hypothecate, or otherwise encumber all or
208any part of the revenues and other available funds of the
209authority as security for all or any of the bonds issued by the
210authority.
211     (12)  To employ an executive director, physicians,
212surgeons, accountants, attorneys, bacteriologists, chemists,
213contractors, engineers, architects, superintendents, nurses,
214technicians, managers, construction and financial experts,
215radiologists, or any other person or persons skilled in hygiene
216or medical research, and such other employees and agents as may,
217in the judgment of the authority, be necessary, and fix their
218compensation.
219     (13)  To provide for those inhabitants of Columbia County
220who, by reason of age, infirmity, or misfortune, have claims
221upon the aid and sympathy of society.
222     (14)  To receive and accept grants, gifts, and donations
223from any person, firm, or governmental agency.
224     (15)  To do all acts and things necessary or convenient in
225the carrying out of the powers granted herein.
226     Section 8.  Maintenance and operation.--The Board of County
227Commissioners of Columbia County is hereby directed and charged
228with the duty of providing sufficient revenue for the
229maintenance and operation of the facilities of the authority
230from year to year, which such revenue, when made available,
231shall be paid over to the authority to be expended for such
232purposes.
233     Section 9.  Revenue bonds.--
234     (1)  The authority is authorized to provide by resolution
235at one time or from time to time for the issuance of bonds of
236the authority for the purpose of paying all or a part of the
237cost of acquisition, construction, equipping, repairing,
238extending, maintaining, and reconstructing any facility or
239facilities or any combination of facilities of the authority.
240The bonds of each issue shall be dated, shall bear interest at
241such rate or rates not exceeding the maximum rate authorized by
242general law, shall mature at such time or times not exceeding 40
243years from their date or dates, as may be determined by the
244authority, and may be made redeemable before maturity, at the
245option of the authority, at such price or prices and under such
246terms and conditions as may be fixed by the authority prior to
247the issuance of the bonds. The authority shall determine the
248form of the bonds, including any interest coupons to be attached
249thereto, and the manner of execution of the bonds and coupons,
250and shall fix the denomination or denominations of the bonds and
251the place or places of payment of principal and interest, which
252may be at any bank or trust company within or without the state.
253In case any officer whose signature or a facsimile of whose
254signature shall appear on any bonds or coupons shall cease to be
255such officer before the delivery of such bonds, such signature
256or such facsimile shall nevertheless be valid and sufficient for
257all purposes the same as if he or she had remained in office
258until such delivery. All bonds issued under the provisions of
259this act shall have all the qualities and incidents of
260negotiable instruments under the negotiable instruments laws of
261the state. The bonds may be issued in coupon or in registered
262form, or both, as the authority may determine, and provisions
263may be made for the registration of any coupon bonds as to
264principal alone and also as to both principal and interest, and
265for the reconversion into coupon bonds of any bonds registered
266as to both principal and interest. The issuance of such bonds
267shall not be subject to any limitations or conditions contained
268in any other law, and the authority may sell such bonds in such
269manner and for such price as it may determine to be for the best
270interest of the authority. Prior to the preparation of
271definitive bonds, the authority may, under like restrictions,
272issue interim receipts or temporary bonds with or without
273coupons, exchangeable for definitive bonds when such bonds have
274been executed and are available for delivery. The authority may
275also provide for the replacement of any bonds which shall be
276mutilated, destroyed, or lost.
277     (2)  Such bonds may be payable from the revenues derived
278from the operation of the facilities or of any combination
279thereof and from any other funds legally available therefor. The
280bonds shall be entitled to such priorities on such revenues as
281the authority shall provide. The issuance of such bonds shall
282not directly, indirectly, or contingently obligate the county to
283levy ad valorem taxes for their payment and the authority shall
284not convey or mortgage such facilities or any part thereof as
285security for payment of the bonds.
286     Section 10.  Incidental powers.--
287     (1)  In the discretion of the authority, each or any issue
288of such bonds may be secured by a trust agreement by and between
289the authority and a corporate trustee, which may be any trust
290company or bank having the powers of a trust company within or
291outside of the state. Such trust agreement may pledge or assign
292the revenues to be received by the authority. The resolution
293providing for the issuance of bonds or such trust agreement may
294contain such provisions for protecting and enforcing the rights
295and remedies of the bondholders as may be reasonable, proper,
296and not in violation of law, including covenants setting forth
297the duties of the authority in relation to the acquisition,
298construction, improvement, maintenance, operation, repair, and
299insurance of the facilities and the custody, safeguarding, and
300application of all moneys. It is lawful for any bank or trust
301company incorporated under the laws of the state to act as such
302depository and to furnish such indemnifying bonds or to pledge
303such securities as may be required by the authority. Such
304resolution or such trust agreement may restrict the individual
305rights of action by bondholders as is customary in trust
306agreements securing bonds or debentures of corporations. In
307addition to the foregoing, such resolution or such trust
308agreement may contain such other provisions as the authority may
309deem reasonable and proper for the security of the bondholders.
310Except as in this act otherwise provided, the authority may
311provide, by resolution or by trust agreement, for the payment of
312the proceeds of the sale of the bonds and the revenues to such
313officer, board, or depository as it may determine for the
314custody thereof, and for the method of disbursement thereof,
315with such safeguards and restrictions as it may determine. All
316expenses incurred in carrying out such trust agreement may be
317treated as a part of the cost of operation of the facility or
318facilities affected by such trust agreement.
319     (2)  The resolution or trust agreement providing for the
320issuance of the bonds may also contain such limitations upon the
321issuance of additional revenue bonds as the authority may deem
322proper, and such additional bonds shall be issued under such
323restrictions or limitations as may be prescribed by such
324resolution or trust agreement.
325     (3)  Bonds may be issued under the provisions of this act
326without obtaining the consent of any commission, board, bureau,
327or agency of the state or county and without any other
328proceedings or the happening of any condition or thing other
329than those proceedings, conditions, or things which are
330specifically required by this act.
331     (4)  The proceeds of the bonds shall be used solely for the
332payment of the cost of the facility or facilities for which such
333bonds shall have been authorized and shall be disbursed in the
334manner provided in the resolution or in the trust agreement
335authorizing the issuance of such bonds. If the proceeds of the
336bonds of any issue shall exceed the amount required for the
337purpose for which the same shall have been issued, the surplus
338shall be set aside and used only for paying the principal of and
339interest on such bonds.
340     Section 11.  Refunding bonds.--The authority is hereby
341authorized to provide by resolution for the issuance of
342refunding revenue bonds for the purpose of refunding any bonds
343then outstanding and issued under the provisions of this act.
344The authority is further authorized to provide by resolution for
345the issuance of bonds for the combined purpose of paying the
346cost of any acquisition, construction, repair, extensions,
347additions, equipping, and reconstruction of any facilities of
348the authority, and refunding bonds of the authority which shall
349theretofore have been issued under the provisions of this act
350and shall then be outstanding. The issuance of such obligations,
351the maturities and other details thereof, the right and remedies
352of the holders thereof, and the rights, powers, privileges,
353duties, and obligations of the authority with respect to the
354same shall be governed by the foregoing provisions of this act
355insofar as the same may be applicable.
356     Section 12.  Remedies.--Any holder of bonds issued under
357the provisions of this act or any of the coupons appertaining
358thereto and the trustee under any trust agreement, except to the
359extent that the rights herein given may be restricted by such
360trust agreement, may, either at law or in equity, by suit,
361action, mandamus, or other proceedings, protect and enforce any
362and all rights under the laws of the state or granted hereunder
363or under such trust agreement or the resolution authorizing the
364issuance of such bonds, and may enforce and compel the
365performance of all duties required by this act or by such trust
366agreement or resolution to be performed by the authority or by
367any officer thereof.
368     Section 13.  Exemption of property from taxation.--The
369effectuation of the purposes of the authority created under this
370act is in all respects for the benefit of the people of the
371state and of Columbia County, for the increase of their commerce
372and prosperity. The exercise of the powers by the authority,
373conferred by this act, to effect such purposes constitutes the
374performance of essential county functions and is declared to be
375a county purpose. As the facilities owned, operated, supervised,
376and controlled by the authority, under the provisions of this
377act, constitute public property and are used for county
378purposes, the authority shall not be required to pay any taxes
379or assessments upon any such facilities or any parts thereof.
380     Section 14.  Bonds to constitute legal investments.--Any
381bonds issued pursuant to this act shall be and constitute legal
382investments for banks, savings banks, trustees, executors,
383administrators, and all other fiduciaries for all state,
384municipal, and public funds and shall also be and constitute
385securities eligible for deposit as security for all state,
386municipal, or other public funds notwithstanding the provisions
387of any other law or laws to the contrary.
388     Section 15.  Act complete and additional authority.--The
389powers conferred by this act shall be in addition and
390supplemental to the existing powers of the authority, if any,
391and this act shall not be construed as repealing any of the
392provisions of any other law or laws inconsistent with the
393provisions of this act and provides a complete method for the
394exercise of the powers granted herein.
395     Section 16.  Taxing authority.--
396     (1)  The members of the Lake Shore Hospital Authority of
397Columbia County are authorized to request, by resolution of said
398hospital authority, the Board of County Commissioners of
399Columbia County to levy a tax not to exceed 3 mills on all
400taxable property in the county for the purpose of maintenance
401and operation of the hospital and facilities and for providing
402health care for the indigent residents of Columbia County.
403     (2)  Upon request by resolution of the Lake Shore Hospital
404Authority, the Board of County Commissioners of Columbia County
405shall levy a tax upon all the taxable property in the county for
406the purpose of maintenance and operation of the hospital and
407facilities and care of the indigent residents of Columbia County
408in an amount not to exceed 3 mills. Upon the assessment and
409collection of said tax, the county tax collector shall remit the
410moneys thereby collected to the director of the authority.
411     Section 17.  Construction of act.--This act shall be
412construed as remedial and shall be liberally construed to
413promote the purpose for which it is intended.
414     Section 18.  If any section, clause, or provision of this
415act shall be held unconstitutional, void, or ineffective for any
416reason in whole or in part, to the extent that it is not
417unconstitutional or ineffective, it shall be valid and
418effective, and no other section, clause, or provision shall on
419account thereof be deemed invalid or ineffective.
420     Section 4.  Chapters 24443 (1947), 25736 (1949), 30264
421(1955), 61-2048, 63-1247, 65-1414, 72-509, 90-409, and 92-229,
422Laws of Florida, are repealed.
423     Section 5.  This act shall take effect upon becoming a law.


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