HB 999

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42	Laws of Florida, are codified, reenacted, amended, and repealed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

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