HB 935

1
A bill to be entitled
2An act relating to the Marion County Hospital District;
3codifying, amending, reenacting, and repealing special
4laws relating to the district; providing legislative
5intent; providing definitions; providing boundaries of the
6district; providing for a board of trustees of the
7district; providing for appointment of board members;
8providing powers and organization of the board; providing
9for a hospital or clinic in the district; providing for
10construction funds for such hospital or clinic; providing
11for a training school for nurses; providing that the board
12has the power of eminent domain; providing for the board
13to borrow money; providing for general obligation bonds;
14providing for taxation; providing for board approval of
15bonds; providing procedures for bond elections; providing
16for form and type of bonds; providing for resolution
17authorizing bonds; providing that the board may include
18more than one improvement or hospital purpose on a bond
19issue; providing for advertisement and publication;
20providing for refunding bonds; providing for legal
21investments; providing for revenue bonds; providing for
22payment of funds by warrant; providing for levy of ad
23valorem tax; providing for taxes to be authorized by
24resolution; providing for payment of expenses; providing
25for contractual authority; providing for publication of
26annual statement; providing that hospitals or clinics
27shall be established for the benefit of residents of the
28district; providing for rules and regulations regarding
29physicians; providing that the board may secure insurance;
30providing for construction; providing for record
31destruction; providing severability; repealing chapters
3265-1905, 69-1296, 70-802, 71-764, 71-765, 71-766, 71-767,
33and 75-437, Laws of Florida, to conform; providing an
34effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  This act constitutes the codification of all
39special acts relating to the Marion County Hospital District. It
40is the intent of the Legislature in enacting this law to provide
41a single, comprehensive special act charter for the district,
42including all current legislative authority granted to the
43district by its several legislative enactments and any
44additional authority granted by this act.
45     Section 2.  Chapters 65-1905, 69-1296, 70-802, 71-764, 71-
46765, 71-766, 71-767, and 75-437, Laws of Florida, are amended,
47codified, reenacted, and repealed as provided herein.
48     Section 3.  The Marion County Hospital District is re-
49created, and its charter is re-created and reenacted to read:
50     Section 1.  Definitions.--As used in this act:
51     (1)  "Board" or "board of trustees" means the Board of
52Trustees of the Marion County Hospital District.
53     (2)  "Hospital district" or "district" means the Marion
54County Hospital District.
55     (3)  "County commissioners" means the Board of County
56Commissioners of Marion County.
57     Section 2.  Boundaries.--A special tax district is hereby
58created and incorporated to be known as the Marion County
59Hospital District in Marion County, which district shall embrace
60and include the following described property in Marion County,
61to wit:
62Beginning in the thread of the Withlacoochee River, at
63the range line dividing ranges seventeen and eighteen
64east; thence north to the township line dividing
65townships fourteen and fifteen south; thence east on
66said township line to the middle of township fourteen
67south, range nineteen east; thence north to the line
68dividing townships eleven and twelve south; thence
69east on said township line to Orange Lake; thence down
70said lake along its southern margin to Orange Creek;
71thence northerly and easterly down the thread of said
72Creek to its junction with the Ocklawaha River; thence
73northeasterly down the south side of the Ocklawaha
74River at low water mark to a point on the south side
75of the Ocklawaha River at low water mark, where the
76range line dividing ranges twenty-four and twenty-five
77east in township eleven south, crosses said river;
78thence south on said range line to where it intersects
79the township line dividing townships eleven and twelve
80south; thence east on said township line to where it
81intersects the section line dividing sections two and
82three, in township twelve south, of range twenty-five
83east; thence south on said section line and other
84section lines to the southwest corner of section
85twenty-three of said township twelve south, of range
86twenty-five east; thence east on the section line
87dividing sections twenty-three and twenty-six and
88other section lines to the range line dividing ranges
89twenty-five and twenty-six east; thence south on said
90range line to the Southwest corner of section seven,
91township thirteen south, range twenty-six east; thence
92east on the section line dividing sections seven and
93eighteen, township thirteen south, range twenty-six
94east, and other section lines to the west shore of
95Lake George; thence southwardly along the shore of
96Lake George to the mouth of Sulphur spring; thence
97along the western bank of Lake George until it arrives
98at range line dividing ranges twenty-six and twenty-
99seven east; thence south on said range line to
100township line dividing townships seventeen and
101eighteen south; thence due west on the said township
102line to the thread of the Withlacoochee River; thence
103Northwesterly down the thread of said last mentioned
104river to the place of beginning.
105     Section 3.  Governing body.--
106     (1)  The governing body of the Marion County Hospital
107District shall consist of seven trustees, who shall serve
108without compensation. Said trustees shall be qualified electors
109residing in Marion County for more than 1 year prior to their
110appointment. They shall be known and described as the Board of
111Trustees of the Marion County Hospital District. The trustees
112shall be appointed by the Board of County Commissioners of
113Marion County. The Board of County Commissioners of Marion
114County shall have the power to remove any member of the board of
115trustees for cause, and shall have the power to fill any vacancy
116that may occur during the term of any trustee for the remainder
117of the term for which the vacancy occurs. The seven members of
118the board of trustees now serving shall continue to serve for
119the term for which they were appointed; thereafter, appointments
120shall be for 4-year terms. Two members of the board of trustees,
121as provided for herein, shall be members of the medical
122profession and licensed to practice medicine in the state, be
123members of the medical staff of a hospital operated by the board
124of trustees, and be of different specialties and shall not
125during their term as trustee serve any other hospital as a
126director-trustee or exercise any management function of such
127other hospital. All members of the board of trustees appointed
128as provided for herein shall serve from the date of their
129appointments until their successors are appointed and qualified.
130A regular meeting of the trustees shall be held at least 12
131times during each year.
132     (2)  Should the secretary and treasurer be other than a
133member of the board of trustees, he or she shall give a bond of
134not less than the sum of $10,000 for the faithful performance of
135his or her duties, the amount of said bond to be set by the
136board of trustees as herein provided to be appointed. The
137premium on said bonds shall be paid as part of the expenses of
138the hospital district.
139     Section 4.  Powers.--The Board of Trustees of the Marion
140County Hospital District shall have all the powers of a body
141corporate, including the power to sue and be sued under the name
142of the Marion County Hospital District; to contract and be
143contracted with; to adopt and use a common seal and to alter the
144same; to acquire, purchase, hold, lease, mortgage, and convey
145such real and personal property as the board may deem proper or
146expedient to carry out the purposes of this act; to appoint and
147employ a superintendent or administrator or both, or such other
148agents and employees as the board may deem advisable and to fix
149the compensation of all employees and to remove any appointees
150or employees; to insure the improvements, fixtures, and
151equipment against loss by fire, windstorm, or other coverage in
152such amounts as may be determined reasonable and proper; to
153borrow money; and to issue evidence of indebtedness of the
154district to carry out the provisions of this act in the manner
155hereinafter provided.
156     Section 5.  Operational issues.--There shall be a chair of
157the board of trustees, who shall be elected annually by the
158trustees. There shall be a vice chair of the board of trustees,
159who shall be elected annually by the trustees. The board may
160elect one of its members to serve as secretary and treasurer or
161it may appoint some person not a member of the board to serve in
162that capacity. In the absence of the chair or the vice chair or
163their or his or her inability to act at any regular meeting,
164warrants may be signed by any other member of the board selected
165by the members present as chair pro tem. Three of said trustees
166shall constitute a quorum and a vote of at least three of said
167trustees shall be necessary to the transaction of any business
168of the district. The trustees shall cause true and accurate
169minutes and records to be kept of all business transacted by
170them, and shall keep full, true, and complete books of accounts
171and minutes, which minutes, records, and books of accounts shall
172at all reasonable times be open and subject to the inspection of
173residents of the district; and any person desiring to do so may
174make or procure a copy of the minutes, records, or account, or
175such portion thereof as he or she may desire.
176     Section 6.  Health care facilities and purpose.--The board
177of trustees is authorized to establish, construct, lease,
178operate, and maintain any hospital or clinic as in its opinion
179shall be necessary for the use of the people of the district.
180Any hospital or clinic shall be established, constructed,
181leased, operated, and maintained by said board of trustees for
182the preservation of the public health, for the public good, and
183for the use of the public of the district. Maintenance of any
184hospital or clinic within said district is hereby found and
185declared to be a public purpose and necessary for the
186preservation of the public health and the public use and welfare
187of the district and inhabitants thereof. The location of the
188hospital or clinic shall be determined by the board. The board
189is authorized to accept any and all gifts, loans, or
190advancements for the purchase of property, real or personal, for
191the construction, equipping, operation, and maintenance of any
192hospital or clinic established by the board.
193     Section 7.  County commission; transfer of funds.--The
194county commissioners are authorized to transfer funds collected
195under the provisions of chapter 57-1567, Laws of Florida, to the
196board for hospital construction purposes only.
197     Section 8.  Training school.--The board of trustees is
198authorized at any time in its discretion to establish and
199maintain in connection with any hospital or clinic, and as a
200part thereof, a training school for nurses and, upon completion
201of a prescribed course of training, shall give to nurses who
202have satisfactorily completed the course a diploma. The board of
203trustees is authorized to set up all rules and regulations
204necessary for the operation of a nurse's training school, and to
205make all necessary expenditures in connection therewith.
206     Section 9.  Eminent domain.--The board shall have the power
207of eminent domain and may thereby condemn and acquire any real
208or personal property within the territorial limits of the
209district that the board may deem necessary for the use of the
210district. Such power of condemnation shall be exercised in the
211same manner as is now provided by general law for the exercise
212of power of eminent domain by cities and towns of the state.
213     Section 10.  Borrowing money.--The board of trustees is
214authorized, in order to provide for and carry out the work of
215this act, to borrow money from time to time for periods of time
216not exceeding 1 year at any one time, and to issue the note or
217notes of the district therefor upon such terms and upon such
218rates of legal interest per annum as said board may deem
219advisable. The board shall have the additional right to pledge
220as security for money borrowed by it, any moneys accruing to it
221or to accrue to it from any source, including revenues derived
222from the operation of the hospital; provided, however, that the
223aggregate amount of principal of money so borrowed shall not, at
224any one time, exceed 10 percent of the gross revenues realized
225by said board through the operation of the hospital during the
226preceding calendar year, and provided further that the interest
227to be paid thereon shall not exceed the prime interest rate
228charged by commercial banks doing business in Marion County.
229     Section 11.  General obligation bonds.--Except as otherwise
230provided in this act, the Board of Trustees of the Marion County
231Hospital District is authorized to issue bonds of such form,
232denomination, and bearing such rate of interest not to exceed
233the maximum rate permitted by general law, and becoming due not
234less than 5 nor more than 30 years from the date of issuance,
235for the purpose of raising funds to establish, expand,
236construct, operate, and maintain any hospital or clinic as in
237the board's opinion is necessary in the district. The board of
238trustees shall have the power to refund any and all previous
239issues of bonds for any and all lawful hospital purposes. All
240proceeds derived from the sale of bonds or refunding bonds,
241exclusive of expenses, shall be deposited in a depository
242selected by the board.
243     Section 12.  Taxation.--Prior to the issuance of bonds, the
244board of trustees shall, by resolution, determine the amount
245that in its opinion will be necessary to be raised annually by
246taxation for an interest and sinking fund with which to pay the
247interest and principal of the bonds. The county commissioners
248are also authorized and required to provide for the levy and
249collection annually of a sufficient tax upon all the taxable
250property in the district, not exempt by law, to pay the
251interest, and with which to provide and maintain a sinking fund
252for the payment of the principal of the bonds.
253     Section 13.  Approval.--All bonds issued by the Board of
254Trustees of the Marion County Hospital District, except
255refunding bonds, revenue bonds, or certificates and anticipation
256time warrants, shall be issued only after the same shall have
257been approved by a majority of the votes cast in an election of
258the qualified registered electors in the district; which
259election shall be called and held by the board of trustees,
260subject to reasonable rules and regulations prepared by the
261board. In the event it is determined to hold an election to
262decide whether a majority of the qualified electors are in favor
263of the issuance of bonds, the board of trustees shall by
264resolution order an election to be held in the district, and
265shall give 30 days' notice of election by publication in a
266newspaper of general circulation within the district, once a
267week for 4 consecutive weeks during such period.
268     Section 14.  Procedures.--Insofar as practicable, the
269provisions of chapter 100, Florida Statutes, providing the
270procedure for bond elections, shall govern.
271     Section 15.  Form.--All bonds issued under this act shall
272be in the denomination of $100 or some multiple thereof; shall
273bear interest not to exceed the maximum rate permitted by
274general law, payable annually or semiannually; and both
275principal and interest shall be payable at such places as the
276governing authority may determine. The form of the bonds shall
277be fixed by resolution of the board of trustees and the bonds
278shall be signed by the chair of the board and countersigned by
279the secretary of the board under the seal of the district. The
280coupons, if any, may be executed by the facsimile signatures of
281said officers. The delivery at any subsequent date of any bond
282and coupon so executed shall be valid, although before the date
283of delivery the persons signing the bonds or coupons shall cease
284to hold office.
285     Section 16.  Type.--Bonds issued hereunder may be either
286registered or coupon bonds. Coupon bonds may be registered as to
287principal in the holder's name on the books of the hospital
288district, the registration being noted upon the bonds, after
289which no transfer shall be valid unless made on the hospital
290district's books by the registered holder and similarly noted on
291the bonds. Bonds registered as to principal may be discharged
292from registration by being transferred to bearer, after which
293they shall be transferable by delivery, but may be again
294registered as to principal as before. The registration of the
295bonds as to principal shall not restrain the negotiability of
296the coupons by delivery merely.
297     Section 17.  Resolution.--Before any bonds of the Marion
298County Hospital District are issued hereunder, the board of
299trustees shall investigate and determine the legality of the
300proceedings. The resolution authorizing the bonds may direct
301that they shall contain the following recital: "It is certified
302that this bond is authorized by and is issued in conformity with
303the requirements of the Constitution and Statutes of the State
304of Florida." Such recital shall be an authorized declaration by
305the governing authority of the district and shall import that
306there is constitutional and statutory authority for incurring
307the debts and issuing the bonds; that all proceedings therefor
308are regular; that all acts, conditions, and things required to
309exist, happen, and be performed precedent to and in the issuance
310of the bonds have existed, happened, and been performed in due
311time, form, and manner, as required by law; and that the amount
312of the bonds, together with all other indebtedness, does not
313exceed any limit prescribed by the constitution and statutes of
314this state. If any bond be issued containing said recital, it
315shall be conclusively presumed that the recital, construed
316according to the import hereby declared, is true, and the
317district shall not be permitted to question the validity or
318legality of the obligation in any court in any action or
319proceeding.
320     Section 18.  Purpose.--In issuing bonds under the
321provisions of this act, it shall be lawful for the board of
322trustees to include more than one improvement or hospital
323purpose in any bond issue.
324     Section 19.  Advertisement.--All bonds issued hereunder
325shall be advertised for sale on sealed bids, which advertisement
326shall be published once, not less than 14 days preceding the
327date fixed for the reception of bids, in a newspaper published
328in the hospital district. Notice of sale shall also be published
329once, not less than 14 days preceding the date fixed for the
330reception of bids, either in a financial paper published in the
331City of New York, New York, the City of Chicago, Illinois, or
332the City of Baltimore, Maryland. The board of trustees may
333reject any and all bids. If the bonds are not sold pursuant to
334such advertisements, they may be sold by the board of trustees
335at private sale within 60 days after the date advertised for the
336reception of sealed bids, but no private sale shall be made at a
337price less than the highest bid that shall have been received.
338If not so sold, bonds shall be readvertised in the manner herein
339described. No bonds issued hereunder shall be sold for less than
34095 percent of the par value and accrued interest.
341     Section 20.  Publication.--No resolution or proceeding in
342respect to the issuance of bonds shall be necessary, except as
343required by this act. No publication of any resolution or
344proceeding relating to the issuance of bonds shall be required,
345except as required by this act. Any publication prescribed
346hereby may be made in any newspaper conforming to the terms of
347this act, without regard to the designation thereof as the
348official organ of the district. Bonds issued hereunder shall
349have all the qualities of negotiable paper under the law
350merchant, shall not be invalid for any irregularity or defect in
351the proceedings for the issue and sale thereof, and shall be
352incontestable in the hands of bona fide purchasers or holders
353thereof for value.
354     Section 21.  Refunding bonds.--The Board of Trustees of the
355Marion County Hospital District shall have the power to provide
356by resolution for the issuance of refunding bonds to refund
357principal and interest of an existing bonded indebtedness, for
358the payment of which the credit of the hospital district is
359pledged, and the bonds may be issued at or prior to maturity to
360the bonds to be refunded. The resolution may be adopted at a
361regular or special meeting, and at the same meeting at which it
362is introduced, by a majority of the members of the trustees then
363in office. It is determined and declared as a matter of
364legislative intent that no election to authorize the issuance of
365refunding bonds shall be necessary, except in cases where it is
366necessary under the State Constitution to hold an election on
367the issuance of such refunding bonds, the resolution shall take
368effect immediately upon the adoption thereof. No other
369proceedings shall be required for the issuance of bonds by the
370district.
371     Section 22.  Series of refunding bonds.--The resolution of
372the Board of Trustees of the Marion County Hospital District
373authorizing the issuance of the refunding bonds may provide that
374the refunding bonds may be issued in one or more series; bear
375the date; mature at the time not exceeding 30 years from their
376respective dates; bear interest at a rate not exceeding the
377maximum rate of interest borne by the notes, bonds, or other
378obligations refinanced thereby; be in the denomination; be in
379the form, either coupon or registered; carry the registration
380and conversion privileges; be executed in the manner; be payable
381in the medium of payment at the place; be subject to the terms
382of redemption with or without a premium; be declared or become
383due before the maturity date thereof; provide for the
384replacement of mutilated, destroyed, stolen, or lost bonds; be
385authenticated in the manner and upon compliance with the
386conditions; and contain such other terms and covenants as may be
387desired. Notwithstanding the form or tenor thereof, and in the
388absence of an express recital on the face thereof that the bond
389is nonnegotiable, all refunding bonds shall at all times be, and
390shall be treated as, negotiable instruments for all purposes.
391     Section 23.  Valid and binding obligations.--Refunding
392bonds bearing the signature of officers of the district in
393office on the date of the signing thereof shall be valid and
394binding obligations of the district for all purposes,
395notwithstanding that before the delivery thereof any or all of
396the persons whose signatures appear thereon shall have ceased to
397be officers of the district. Any resolution authorizing
398refunding bonds may provide that any refunding bonds issued
399pursuant to this act may contain a recital, and any refunding
400bonds issued under authority of any resolution shall be
401conclusively deemed to be valid and to have been issued in
402conformity with the provisions of this act. The authority of the
403district to issue obligations under this act may be determined
404and obligations to be issued under this act may be validated as
405provided by law.
406     Section 24.  Sale of the funding bonds.--
407     (1)  Refunding bonds may be sold or exchanged as follows:
408     (a)  In installments at different times, or an entire issue
409or series may be sold or exchanged at one time. Any issue or
410series of refunding bonds may be exchanged in part or sold in
411parts in installments at different times or at one time. The
412refunding bonds may be sold or exchanged at any time on, before,
413or after the maturity of any of the outstanding notes, bonds,
414certificates, or other obligations to be refinanced thereby.
415     (b)  If the board of trustees determines to exchange any
416refunding bonds, such refunding bonds may be exchanged privately
417for and in payment and discharge of any of the outstanding
418notes, bonds, or other obligations of the district.
419
420The refunding bonds may be exchanged for a like or greater
421principal amount of such notes, bonds, or other obligations of
422the district, except that the principal amount of such refunding
423bonds may also be issued, to the extent necessary, desirable, or
424advisable, at the discretion of the governing body, to fund
425interest in arrears or about to become due. The holder of such
426outstanding notes, bonds, or other obligations need not pay
427accrued interest on the refunding bonds to be delivered in
428exchange therefor if and to the extent that interest is due or
429accrued and unpaid on such outstanding notes, bonds, or other
430obligations to be surrendered.
431     (2)  If the board of trustees determines to sell any
432refunding bonds, such refunding bonds shall be sold at not less
433than 95 percent of par at public or private sale, in such manner
434and upon such terms as the board of trustees shall deem best for
435the interest of the district.
436     Section 25.  Legal investments.--All bonds or refunding
437bonds issued pursuant to this act shall be and constitute legal
438investments for state, county, municipal, and all other public
439funds and for banks, savings banks, insurance companies,
440executors, administrators, trustees, and all other fiduciaries,
441and shall also be and constitute securities eligible as
442collateral security for all state, county, municipal, or other
443public funds.
444     Section 26.  Revenue bonds.--This section shall be known as
445the "Marion County Hospital District Revenue Bond Act."
446     (1)  Whenever used in this section, unless a different
447meaning clearly appears from the context:
448     (a)  The term "board" shall mean the governing body of the
449Marion County Hospital District.
450     (b)  The term "hospital facilities" shall mean buildings,
451machines, and equipment and any other facilities for the
452furnishing of hospital and medical services by said hospital
453district.
454     (2)  The issuance of any bonds authorized by this section
455shall not be required to be approved by the qualified electors
456who are freeholders residing in said district or the qualified
457electors residing in said district.
458     (3)  In addition to powers contained in this act, the
459district has the power under this section:
460     (a)  To construct, acquire, improve and extend, and
461maintain and operate hospital facilities, and to acquire by
462gift, purchase, or the exercise of the right of eminent domain
463lands or rights in lands, and any other property, real or
464personal, tangible or intangible, necessary, desirable, or
465convenient for said purposes.
466     (b)  To issue bonds to finance, in whole or in part, the
467cost of the construction, acquisition, or improvement of such
468hospital facilities. The district in determining such costs may
469include all costs and estimated costs of the issuance of said
470bonds; all engineering, inspection, fiscal, and legal expenses;
471all costs of preliminary surveys, plans, maps, and
472specifications; interest that is estimated will accrue during
473the construction period and 1 year thereafter on money borrowed,
474or that it is estimated will be borrowed, pursuant to this
475section; initial reserve funds for debt service, working
476capital, and the costs of the services of agents or persons,
477corporations, firms, partnerships, or associations employed as
478consultants, advisors, engineers, or fiscal, financial, or other
479experts in the planning, preparation, supervision, and financing
480of such hospital facilities. The district is hereby authorized
481to employ, jointly or severally, and to enter into agreements or
482contracts with consultants, advisors, engineers, attorneys, or
483fiscal, financial, or other experts for the planning,
484preparation, supervision, and financing of such hospital
485facilities or any part thereof, upon such terms and conditions
486as to compensation and otherwise as said hospital district shall
487deem desirable and proper.
488     1.  Said bonds and their interest thereon and the
489properties of such hospital facilities of said hospital district
490shall be exempt from all taxation by the state, or any political
491subdivision or taxing agency thereof.
492     2.  Said bonds shall be and constitute negotiable
493instruments under the law merchants and the Uniform Commercial
494Code.
495     (c)  To pledge to the punctual payment of bonds pursuant to
496this section, and interest thereon, all or any part of the
497revenues derived from such hospital facilities, or any other
498funds derived from sources other than ad valorem taxes, or any
499combination thereof, sufficient to pay said bonds and the
500interest thereon as the same shall become due and to create and
501maintain reasonable reserves therefor.
502     (4)  The construction or acquisition or improvement of such
503hospital facilities or the refunding of any bonds or other
504obligations heretofore or hereafter issued for such purposes may
505be authorized under this section, and bonds may be authorized to
506be issued under this section to provide funds for such purposes
507by resolution or resolutions of the board of said hospital
508district which may be adopted at the same meeting at which they
509are introduced by a majority of the members of the board then in
510office, and shall take effect immediately upon adoption and need
511not be published or posted. Said bonds shall bear interest at
512such rate or rates not exceeding the maximum rate permitted by
513general law; may be in one or more series; may bear such date or
514dates; may mature at such time or times not exceeding 40 years
515from their respective dates; may be made payable in such medium
516of payment, at such place, within or without the state; may
517carry such registration privileges; may be subject to such
518terms, covenants, and conditions; and may be in such form,
519either coupon or registered, as such resolution or subsequent
520resolution may provide. Said bonds may be sold, all at one time
521or in blocks from time to time, at public or private sale, at
522such price or prices, by competitive or negotiated sale, all as
523allowed or otherwise not prohibited by general law. Pending the
524preparation of the definitive bonds, interim certificates, or
525receipts or temporary bonds in such form and with such
526provisions as the board may determine may be issued to the
527purchaser or purchasers of the bonds sold pursuant to this
528section. Said bonds and such interim certificates, or receipts
529or temporary bonds, shall be fully negotiable within the meaning
530of and for all purposes of the law merchant and the Uniform
531Commercial Code.
532     (5)  Any resolution or resolutions authorizing the issuance
533of bonds, including refunding bonds, under this section, may
534contain covenants of the hospital district as to:
535     (a)  The purpose or purposes to which the proceeds of sale
536of said bonds may be applied and the securing, use, and
537disposition thereof, including, if deemed desirable, the
538appointment of a trustee or depositary for said funds.
539     (b)  The use and disposition of the revenues derived from
540such hospital facilities, including the parts thereof heretofore
541or hereafter constructed or acquired, and the creation and
542maintenance of reserve funds.
543     (c)  The pledging of all or any part of the gross revenues
544derived from the ownership, operation, or control of such
545hospital facilities, including any part thereof heretofore or
546hereafter constructed or acquired, or derived from any other
547sources, including any available funds, to the payment of the
548principal of and interest on bonds issued pursuant to this
549section, and for such reserve and other funds as may be deemed
550necessary or desirable.
551     (d)  The fixing, establishing, and collection of such fees,
552rentals, or other charges for the use of the services and
553facilities of such hospital facilities, and the revision of same
554from time to time.
555
556All such covenants and agreements shall constitute valid and
557binding contracts between the hospital district and the holders
558of any bonds or other obligations issued pursuant to such
559resolution, regardless of the time of issuance thereof, and,
560subject to any limitations contained in such resolution, shall
561be enforceable by any holder or holders of such bonds or other
562obligations, acting either for himself or herself or themselves
563alone, or acting in behalf of all other holders of such bonds or
564other obligations, by appropriate proceedings in any court of
565competent jurisdiction.
566     (6)  All bonds issued pursuant to this section shall have a
567lien upon the revenues derived from said hospital facilities or
568other pledged funds to the extent and in the manner provided in
569the resolution authorizing the issuance of such bonds, which
570lien shall be prior and paramount and over and ahead of any
571claims or obligations of any nature against said revenues or
572other pledged funds subsequently arising or subsequently
573incurred, except as may be provided in the resolution or
574resolutions authorizing such bonds. The rank and priority of
575different issues if bonds issued pursuant to this section shall
576be as provided in the resolution or resolutions authorizing such
577bonds.
578     (7)  The powers conferred by this section shall be in
579addition and supplemental to the powers of the district in other
580sections of this act, and this section shall not be construed as
581repealing or limiting any of the provisions of any other law
582relating to said hospital district, but to provide an
583alternative and complete method for the exercise of the powers
584granted in this section. Such hospital facilities may be
585constructed, acquired, or improved, and the bonds or other
586obligations issued pursuant to this section without regard to or
587necessity for compliance with the limitations or restrictions
588contained in any other general, special, or local law.
589     Section 27.  Payment of funds.--The funds of the district
590shall be paid out only upon warrant signed by the chair or chair
591pro tem of the board, and having thereto affixed the corporate
592seal of the district, which may be an impression thereon or a
593facsimile thereof; and no warrant shall be drawn or issued
594against funds of the district except for a purpose authorized by
595this act, and no warrant against funds of the district shall be
596drawn or issued until after the account or expenditure for which
597the same is to be given in payment has been ordered and approved
598by the board of trustees at a meeting in which a quorum is
599present. The chair of the board is authorized to sign checks and
600warrants of the district by the facsimile signature of the chair
601and to use and employ facsimile signature machines for this
602purpose, provided that the checks and warrants are countersigned
603by the treasurer for the district.
604     Section 28.  Levy of ad valorem tax.--The county
605commissioners, upon the request and recommendation of the board
606of trustees, are authorized and empowered annually in their
607discretion to levy upon real and personal taxable property of
608said district, not exempt by law, a sufficient tax necessary for
609the purposes and needs of the district incurred in the exercise
610of the powers and purposes herein granted, the rate of taxation
611per annum shall not exceed 1 mill on the dollar of the valuation
612of the property within the district for tax purposes, provided,
613however, that the 1 mill limitation herein shall apply only for
614the purposes and needs of the district and not for the purposes
615of debt service requirements for bonds that may be issued under
616this act. The levying of such tax is hereby determined to be for
617a public purpose and for the benefit of all the people of the
618county. The term "mill," as used in this section, shall be
619deemed to mean one-tenth of 1 cent.
620     Section 29.  County commission resolution.--The levy by the
621county commissioners of the taxes authorized by any provision of
622this act shall be by resolution duly entered upon the minutes of
623the county commissioners. Certified copies of the resolution
624executed in the name of county commission by its chair shall be
625made and delivered to the Chief Financial Officer of the state
626not later than June 15 each year. It shall be the mandatory duty
627of the county tax assessor of the county to assess and the
628county tax collector of the county to collect the amount of
629taxes so assessed or levied by the county commissioners upon the
630taxable property in the district, not exempt by law at the rate
631of taxation adopted by the county commissioners for said year
632and included in the warrant of the tax assessor and attached to
633the assessment roll of taxes for the county each year. The tax
634collector shall collect the tax so levied by the board in the
635same manner as other taxes are collected, and shall pay the same
636over to the Board of Trustees of the Marion County Hospital
637District within the time and in the manner prescribed by law for
638the payment by the tax collector of county taxes to the county
639depository. It shall be the duty of the railroad assessment
640board to furnish each year to the county tax assessor the
641assessed value on all railroad, telegraph, and telephone lines
642and property in the Marion County Hospital District. The county
643commissioners shall use this assessed value as the basis for
644levying the tax and the tax collector of the county shall
645collect each year the amount of taxes so assessed and remit
646these taxes to the Board of Trustees of the Marion County
647Hospital District. All taxes shall be held by the board of
648trustees and paid out by them as provided in this act. The board
649is authorized to pay necessary expenses to the aforenamed
650officers for the assessment and collection of taxes on a
651reasonable fee basis, not however to exceed that set by general
652law. If any surplus shall occur in the operation and maintenance
653fund, the board is authorized to use the surplus or any portion
654thereof to retire bonded indebtedness but not to the extent that
655the financial security of the operation and maintenance fund
656shall be impaired.
657     Section 30.  Payment of expenses.--The board is authorized
658to pay from the funds of the district all expenses of the
659organization of the board and all expenses necessarily incurred
660with the formation of the district and all other reasonable and
661necessary expenses, including the fees and expenses of an
662attorney in the transaction of the business of the district, and
663in carrying out and accomplishing the purposes of this act. This
664section, however, shall not be construed to limit or destroy any
665of the powers vested in the board of trustees by any other
666section or provisions of this act.
667     Section 31.  Contractual authority.--Subject to the
668provisions and restrictions as may be set forth in the
669resolution authorizing or securing any bonds issued under the
670provisions of this act, the board shall have power to enter into
671contracts with the government of the United States or any agency
672or instrumentality thereof, or with the state or any county,
673municipality, district, authority, or political subdivision,
674private corporation, partnership, association, or individual
675providing for or relating to the construction or acquisition of
676additions, extensions, and improvements to the hospital and any
677other matters relevant thereto or otherwise necessary to effect
678the purposes of this act, and to receive and accept from any
679federal agency, state agency, or other public body grants or
680loans for or in aid of said purposes and to receive and accept
681aid or contributions or loans from any other source of either
682money, property, labor, or other things of value, to be held,
683used, and applied only for the purpose for which grants,
684contributions, or loans may be made.
685     Section 32.  Publication of annual statement.--At least
686once in each year the board of trustees shall publish once in
687some newspaper published in the district, a complete detailed
688annual statement of all moneys received and disbursed by it
689since the creation of the district as to the first published
690statement and since the last published statement as to any other
691year. The statements shall also show the several sources from
692which funds were received and shall show the balance on hand at
693the time of the published statement. The publication shall show
694a complete statement of the financial condition of the district.
695     Section 33.  Benefit to residents of district.--Each
696hospital or clinic established under this act shall be for the
697use and benefit of the residents of the district. Residents
698shall be admitted to the hospital or clinic and be entitled to
699hospitalization and treatment, subject, however, to the rules
700and regulations prescribed by the board of trustees effective as
701of the date of admission of a patient to the hospital or clinic.
702The hospital or clinic may care for and treat without charge
703patients who are found by the board of trustees to be indigent
704and who have for 1 year preceding the application for admission
705been residents of the district. The board of trustees shall be
706authorized to accept money from any welfare funds provided for
707Marion County or moneys available to the indigent patients from
708a federal, state, or county agency or moneys available to Marion
709County from said governmental agencies for welfare and hospital
710purposes, for the payment of costs of treatment and care of
711indigent residents of the district. The board may collect from
712patients financially able such charges as the board of trustees
713may from time to time establish. The board of trustees may
714exclude from treatment and care any person having a communicable
715or contagious disease, where such disease may be a detriment to
716the best interests of the hospital or clinic or a source of
717contagion or infection to the patients in its care unless the
718hospital has a separate building or ward for the special
719treatment of such patients, and can properly and with safety to
720the other patients retain the communicable or contagious case in
721the separate ward or building. The board of trustees may extend
722the privileges and use of the hospital or clinic to nonresidents
723of the district but who pay the rates established by the board
724and upon such terms and conditions as the board may from time to
725time by its rules and regulations provide; provided, however,
726that the residents of the district wherein the hospital or
727clinic is located shall have first claim to admission. The board
728shall further have the power to furnish and extend the benefits
729of the hospital and clinic services and treatment to the homes
730of indigent residents of the district. Each municipal
731corporation situated within the district and the law enforcing
732agencies of Marion County shall be liable to the board for the
733occupancy, care, medicine, and treatment of prisoners in the
734custody of the municipal corporation or county officers who are
735admitted to any hospital operated by the board.
736     Section 34.  Physicians.--Realizing that factors other than
737professional must enter into the qualifications of those who
738practice medicine and surgery, the Board of Trustees of the
739Marion County Hospital District is authorized to set up rules
740and regulations and bylaws for the operation of the hospital and
741the hospital staff. The board of trustees is also authorized to
742give, grant, or revoke licenses and privileges of staff members
743so that the welfare and health of patients and the best
744interests of the hospital may at all times be best served. The
745board of trustees is further authorized to set up rules and
746regulations for the control of all professional and
747nonprofessional employees of the hospital, which terms shall
748include nurses on general duty or on private duty attending
749patients, and all persons in the hospital either as employees or
750in any manner in attendance of patients. Any patient shall have
751the right to employ, at his or her expense, his or her own
752physician, and the physician when employed by the patient shall
753have exclusive charge of the care and treatment of the patient,
754and the nurses therein, as to the patient, shall be subject to
755the direction of the physician, subject always to such general
756rules and regulations as shall be established by the board of
757trustees.
758     Section 35.  Insurance.--The board of trustees may secure
759and keep in force in amounts it may determine, in companies duly
760authorized to do business in this state, liability insurance
761covering vehicles, premises, and malpractice. In consideration
762of the premium at which each policy shall be written, it shall
763be a part of the policy contract between the board of trustees
764and the named insured that the company shall not be entitled to
765the benefit of the defense of governmental immunity for the
766insured by reason of exercising a governmental function on any
767suit brought against the insured. Immunity of the board of
768trustees against liability damages is waived to the extent of
769liability insurance carried by the board. Provided, however, no
770attempt shall be made at the trial of any action against the
771board to suggest the existence of any insurance that covers in
772whole or in part any judgment or award that may be rendered in
773favor of the plaintiff and if a verdict rendered by the jury
774exceeds the limit of the applicable insurance the court shall
775reduce the amount of the judgment or award to a sum equal to the
776applicable limit set forth in the policy.
777     Section 36.  Construction.--The provisions of this act
778shall be liberally construed for accomplishing the work
779authorized and provided for by this act, and where strict
780construction would result in the defeat of the accomplishment of
781any part of the work authorized by this act, and a liberal
782construction would permit or assist in the accomplish thereof,
783the liberal construction shall be chosen.
784     Section 37.  Record destruction.--The hospital board shall
785be empowered to destroy any of its records together with any of
786the records of the hospital or clinic owned and operated by the
787hospital board, provided that the records are photographed or
788microfilmed prior to their destruction.
789     Section 38.  Severability.--If any provision of this act or
790the application thereof to any person or circumstance is held
791invalid, the invalidity shall not affect the other provisions or
792applications of the act which can be given effect without the
793invalid provision or application, and to this end the provisions
794of this act are declared severable.
795     Section 4.  Chapters 65-1905, 69-1296, 70-802, 71-764, 71-
796765, 71-766, 71-767, and 75-437, Laws of Florida, are repealed.
797     Section 5.  This act shall take effect upon becoming a law.


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