| 1 | A bill to be entitled |
| 2 | An act relating to the Marion County Hospital District; |
| 3 | codifying, amending, reenacting, and repealing special |
| 4 | laws relating to the district; providing legislative |
| 5 | intent; providing definitions; providing boundaries of the |
| 6 | district; providing for a board of trustees of the |
| 7 | district; providing for appointment of board members; |
| 8 | providing powers and organization of the board; providing |
| 9 | for a hospital or clinic in the district; providing for |
| 10 | construction funds for such hospital or clinic; providing |
| 11 | for a training school for nurses; providing that the board |
| 12 | has the power of eminent domain; providing for the board |
| 13 | to borrow money; providing for general obligation bonds; |
| 14 | providing for taxation; providing for board approval of |
| 15 | bonds; providing procedures for bond elections; providing |
| 16 | for form and type of bonds; providing for resolution |
| 17 | authorizing bonds; providing that the board may include |
| 18 | more than one improvement or hospital purpose on a bond |
| 19 | issue; providing for advertisement and publication; |
| 20 | providing for refunding bonds; providing for legal |
| 21 | investments; providing for revenue bonds; providing for |
| 22 | payment of funds by warrant; providing for levy of ad |
| 23 | valorem tax; providing for taxes to be authorized by |
| 24 | resolution; providing for payment of expenses; providing |
| 25 | for contractual authority; providing for publication of |
| 26 | annual statement; providing that hospitals or clinics |
| 27 | shall be established for the benefit of residents of the |
| 28 | district; providing for rules and regulations regarding |
| 29 | physicians; providing that the board may secure insurance; |
| 30 | providing for construction; providing for record |
| 31 | destruction; providing severability; repealing chapters |
| 32 | 65-1905, 69-1296, 70-802, 71-764, 71-765, 71-766, 71-767, |
| 33 | and 75-437, Laws of Florida, to conform; providing an |
| 34 | effective date. |
| 35 |
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| 36 | Be It Enacted by the Legislature of the State of Florida: |
| 37 |
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| 38 | Section 1. This act constitutes the codification of all |
| 39 | special acts relating to the Marion County Hospital District. It |
| 40 | is the intent of the Legislature in enacting this law to provide |
| 41 | a single, comprehensive special act charter for the district, |
| 42 | including all current legislative authority granted to the |
| 43 | district by its several legislative enactments and any |
| 44 | additional authority granted by this act. |
| 45 | Section 2. Chapters 65-1905, 69-1296, 70-802, 71-764, 71- |
| 46 | 765, 71-766, 71-767, and 75-437, Laws of Florida, are amended, |
| 47 | codified, reenacted, and repealed as provided herein. |
| 48 | Section 3. The Marion County Hospital District is re- |
| 49 | created, 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 |
| 52 | Trustees of the Marion County Hospital District. |
| 53 | (2) "Hospital district" or "district" means the Marion |
| 54 | County Hospital District. |
| 55 | (3) "County commissioners" means the Board of County |
| 56 | Commissioners of Marion County. |
| 57 | Section 2. Boundaries.--A special tax district is hereby |
| 58 | created and incorporated to be known as the Marion County |
| 59 | Hospital District in Marion County, which district shall embrace |
| 60 | and include the following described property in Marion County, |
| 61 | to wit: |
| 62 | Beginning in the thread of the Withlacoochee River, at |
| 63 | the range line dividing ranges seventeen and eighteen |
| 64 | east; thence north to the township line dividing |
| 65 | townships fourteen and fifteen south; thence east on |
| 66 | said township line to the middle of township fourteen |
| 67 | south, range nineteen east; thence north to the line |
| 68 | dividing townships eleven and twelve south; thence |
| 69 | east on said township line to Orange Lake; thence down |
| 70 | said lake along its southern margin to Orange Creek; |
| 71 | thence northerly and easterly down the thread of said |
| 72 | Creek to its junction with the Ocklawaha River; thence |
| 73 | northeasterly down the south side of the Ocklawaha |
| 74 | River at low water mark to a point on the south side |
| 75 | of the Ocklawaha River at low water mark, where the |
| 76 | range line dividing ranges twenty-four and twenty-five |
| 77 | east in township eleven south, crosses said river; |
| 78 | thence south on said range line to where it intersects |
| 79 | the township line dividing townships eleven and twelve |
| 80 | south; thence east on said township line to where it |
| 81 | intersects the section line dividing sections two and |
| 82 | three, in township twelve south, of range twenty-five |
| 83 | east; thence south on said section line and other |
| 84 | section lines to the southwest corner of section |
| 85 | twenty-three of said township twelve south, of range |
| 86 | twenty-five east; thence east on the section line |
| 87 | dividing sections twenty-three and twenty-six and |
| 88 | other section lines to the range line dividing ranges |
| 89 | twenty-five and twenty-six east; thence south on said |
| 90 | range line to the Southwest corner of section seven, |
| 91 | township thirteen south, range twenty-six east; thence |
| 92 | east on the section line dividing sections seven and |
| 93 | eighteen, township thirteen south, range twenty-six |
| 94 | east, and other section lines to the west shore of |
| 95 | Lake George; thence southwardly along the shore of |
| 96 | Lake George to the mouth of Sulphur spring; thence |
| 97 | along the western bank of Lake George until it arrives |
| 98 | at range line dividing ranges twenty-six and twenty- |
| 99 | seven east; thence south on said range line to |
| 100 | township line dividing townships seventeen and |
| 101 | eighteen south; thence due west on the said township |
| 102 | line to the thread of the Withlacoochee River; thence |
| 103 | Northwesterly down the thread of said last mentioned |
| 104 | river to the place of beginning. |
| 105 | Section 3. Governing body.-- |
| 106 | (1) The governing body of the Marion County Hospital |
| 107 | District shall consist of seven trustees, who shall serve |
| 108 | without compensation. Said trustees shall be qualified electors |
| 109 | residing in Marion County for more than 1 year prior to their |
| 110 | appointment. They shall be known and described as the Board of |
| 111 | Trustees of the Marion County Hospital District. The trustees |
| 112 | shall be appointed by the Board of County Commissioners of |
| 113 | Marion County. The Board of County Commissioners of Marion |
| 114 | County shall have the power to remove any member of the board of |
| 115 | trustees for cause, and shall have the power to fill any vacancy |
| 116 | that may occur during the term of any trustee for the remainder |
| 117 | of the term for which the vacancy occurs. The seven members of |
| 118 | the board of trustees now serving shall continue to serve for |
| 119 | the term for which they were appointed; thereafter, appointments |
| 120 | shall be for 4-year terms. Two members of the board of trustees, |
| 121 | as provided for herein, shall be members of the medical |
| 122 | profession and licensed to practice medicine in the state, be |
| 123 | members of the medical staff of a hospital operated by the board |
| 124 | of trustees, and be of different specialties and shall not |
| 125 | during their term as trustee serve any other hospital as a |
| 126 | director-trustee or exercise any management function of such |
| 127 | other hospital. All members of the board of trustees appointed |
| 128 | as provided for herein shall serve from the date of their |
| 129 | appointments until their successors are appointed and qualified. |
| 130 | A regular meeting of the trustees shall be held at least 12 |
| 131 | times during each year. |
| 132 | (2) Should the secretary and treasurer be other than a |
| 133 | member of the board of trustees, he or she shall give a bond of |
| 134 | not less than the sum of $10,000 for the faithful performance of |
| 135 | his or her duties, the amount of said bond to be set by the |
| 136 | board of trustees as herein provided to be appointed. The |
| 137 | premium on said bonds shall be paid as part of the expenses of |
| 138 | the hospital district. |
| 139 | Section 4. Powers.--The Board of Trustees of the Marion |
| 140 | County Hospital District shall have all the powers of a body |
| 141 | corporate, including the power to sue and be sued under the name |
| 142 | of the Marion County Hospital District; to contract and be |
| 143 | contracted with; to adopt and use a common seal and to alter the |
| 144 | same; to acquire, purchase, hold, lease, mortgage, and convey |
| 145 | such real and personal property as the board may deem proper or |
| 146 | expedient to carry out the purposes of this act; to appoint and |
| 147 | employ a superintendent or administrator or both, or such other |
| 148 | agents and employees as the board may deem advisable and to fix |
| 149 | the compensation of all employees and to remove any appointees |
| 150 | or employees; to insure the improvements, fixtures, and |
| 151 | equipment against loss by fire, windstorm, or other coverage in |
| 152 | such amounts as may be determined reasonable and proper; to |
| 153 | borrow money; and to issue evidence of indebtedness of the |
| 154 | district to carry out the provisions of this act in the manner |
| 155 | hereinafter provided. |
| 156 | Section 5. Operational issues.--There shall be a chair of |
| 157 | the board of trustees, who shall be elected annually by the |
| 158 | trustees. There shall be a vice chair of the board of trustees, |
| 159 | who shall be elected annually by the trustees. The board may |
| 160 | elect one of its members to serve as secretary and treasurer or |
| 161 | it may appoint some person not a member of the board to serve in |
| 162 | that capacity. In the absence of the chair or the vice chair or |
| 163 | their or his or her inability to act at any regular meeting, |
| 164 | warrants may be signed by any other member of the board selected |
| 165 | by the members present as chair pro tem. Three of said trustees |
| 166 | shall constitute a quorum and a vote of at least three of said |
| 167 | trustees shall be necessary to the transaction of any business |
| 168 | of the district. The trustees shall cause true and accurate |
| 169 | minutes and records to be kept of all business transacted by |
| 170 | them, and shall keep full, true, and complete books of accounts |
| 171 | and minutes, which minutes, records, and books of accounts shall |
| 172 | at all reasonable times be open and subject to the inspection of |
| 173 | residents of the district; and any person desiring to do so may |
| 174 | make or procure a copy of the minutes, records, or account, or |
| 175 | such portion thereof as he or she may desire. |
| 176 | Section 6. Health care facilities and purpose.--The board |
| 177 | of trustees is authorized to establish, construct, lease, |
| 178 | operate, and maintain any hospital or clinic as in its opinion |
| 179 | shall be necessary for the use of the people of the district. |
| 180 | Any hospital or clinic shall be established, constructed, |
| 181 | leased, operated, and maintained by said board of trustees for |
| 182 | the preservation of the public health, for the public good, and |
| 183 | for the use of the public of the district. Maintenance of any |
| 184 | hospital or clinic within said district is hereby found and |
| 185 | declared to be a public purpose and necessary for the |
| 186 | preservation of the public health and the public use and welfare |
| 187 | of the district and inhabitants thereof. The location of the |
| 188 | hospital or clinic shall be determined by the board. The board |
| 189 | is authorized to accept any and all gifts, loans, or |
| 190 | advancements for the purchase of property, real or personal, for |
| 191 | the construction, equipping, operation, and maintenance of any |
| 192 | hospital or clinic established by the board. |
| 193 | Section 7. County commission; transfer of funds.--The |
| 194 | county commissioners are authorized to transfer funds collected |
| 195 | under the provisions of chapter 57-1567, Laws of Florida, to the |
| 196 | board for hospital construction purposes only. |
| 197 | Section 8. Training school.--The board of trustees is |
| 198 | authorized at any time in its discretion to establish and |
| 199 | maintain in connection with any hospital or clinic, and as a |
| 200 | part thereof, a training school for nurses and, upon completion |
| 201 | of a prescribed course of training, shall give to nurses who |
| 202 | have satisfactorily completed the course a diploma. The board of |
| 203 | trustees is authorized to set up all rules and regulations |
| 204 | necessary for the operation of a nurse's training school, and to |
| 205 | make all necessary expenditures in connection therewith. |
| 206 | Section 9. Eminent domain.--The board shall have the power |
| 207 | of eminent domain and may thereby condemn and acquire any real |
| 208 | or personal property within the territorial limits of the |
| 209 | district that the board may deem necessary for the use of the |
| 210 | district. Such power of condemnation shall be exercised in the |
| 211 | same manner as is now provided by general law for the exercise |
| 212 | of power of eminent domain by cities and towns of the state. |
| 213 | Section 10. Borrowing money.--The board of trustees is |
| 214 | authorized, in order to provide for and carry out the work of |
| 215 | this act, to borrow money from time to time for periods of time |
| 216 | not exceeding 1 year at any one time, and to issue the note or |
| 217 | notes of the district therefor upon such terms and upon such |
| 218 | rates of legal interest per annum as said board may deem |
| 219 | advisable. The board shall have the additional right to pledge |
| 220 | as security for money borrowed by it, any moneys accruing to it |
| 221 | or to accrue to it from any source, including revenues derived |
| 222 | from the operation of the hospital; provided, however, that the |
| 223 | aggregate amount of principal of money so borrowed shall not, at |
| 224 | any one time, exceed 10 percent of the gross revenues realized |
| 225 | by said board through the operation of the hospital during the |
| 226 | preceding calendar year, and provided further that the interest |
| 227 | to be paid thereon shall not exceed the prime interest rate |
| 228 | charged by commercial banks doing business in Marion County. |
| 229 | Section 11. General obligation bonds.--Except as otherwise |
| 230 | provided in this act, the Board of Trustees of the Marion County |
| 231 | Hospital District is authorized to issue bonds of such form, |
| 232 | denomination, and bearing such rate of interest not to exceed |
| 233 | the maximum rate permitted by general law, and becoming due not |
| 234 | less than 5 nor more than 30 years from the date of issuance, |
| 235 | for the purpose of raising funds to establish, expand, |
| 236 | construct, operate, and maintain any hospital or clinic as in |
| 237 | the board's opinion is necessary in the district. The board of |
| 238 | trustees shall have the power to refund any and all previous |
| 239 | issues of bonds for any and all lawful hospital purposes. All |
| 240 | proceeds derived from the sale of bonds or refunding bonds, |
| 241 | exclusive of expenses, shall be deposited in a depository |
| 242 | selected by the board. |
| 243 | Section 12. Taxation.--Prior to the issuance of bonds, the |
| 244 | board of trustees shall, by resolution, determine the amount |
| 245 | that in its opinion will be necessary to be raised annually by |
| 246 | taxation for an interest and sinking fund with which to pay the |
| 247 | interest and principal of the bonds. The county commissioners |
| 248 | are also authorized and required to provide for the levy and |
| 249 | collection annually of a sufficient tax upon all the taxable |
| 250 | property in the district, not exempt by law, to pay the |
| 251 | interest, and with which to provide and maintain a sinking fund |
| 252 | for the payment of the principal of the bonds. |
| 253 | Section 13. Approval.--All bonds issued by the Board of |
| 254 | Trustees of the Marion County Hospital District, except |
| 255 | refunding bonds, revenue bonds, or certificates and anticipation |
| 256 | time warrants, shall be issued only after the same shall have |
| 257 | been approved by a majority of the votes cast in an election of |
| 258 | the qualified registered electors in the district; which |
| 259 | election shall be called and held by the board of trustees, |
| 260 | subject to reasonable rules and regulations prepared by the |
| 261 | board. In the event it is determined to hold an election to |
| 262 | decide whether a majority of the qualified electors are in favor |
| 263 | of the issuance of bonds, the board of trustees shall by |
| 264 | resolution order an election to be held in the district, and |
| 265 | shall give 30 days' notice of election by publication in a |
| 266 | newspaper of general circulation within the district, once a |
| 267 | week for 4 consecutive weeks during such period. |
| 268 | Section 14. Procedures.--Insofar as practicable, the |
| 269 | provisions of chapter 100, Florida Statutes, providing the |
| 270 | procedure for bond elections, shall govern. |
| 271 | Section 15. Form.--All bonds issued under this act shall |
| 272 | be in the denomination of $100 or some multiple thereof; shall |
| 273 | bear interest not to exceed the maximum rate permitted by |
| 274 | general law, payable annually or semiannually; and both |
| 275 | principal and interest shall be payable at such places as the |
| 276 | governing authority may determine. The form of the bonds shall |
| 277 | be fixed by resolution of the board of trustees and the bonds |
| 278 | shall be signed by the chair of the board and countersigned by |
| 279 | the secretary of the board under the seal of the district. The |
| 280 | coupons, if any, may be executed by the facsimile signatures of |
| 281 | said officers. The delivery at any subsequent date of any bond |
| 282 | and coupon so executed shall be valid, although before the date |
| 283 | of delivery the persons signing the bonds or coupons shall cease |
| 284 | to hold office. |
| 285 | Section 16. Type.--Bonds issued hereunder may be either |
| 286 | registered or coupon bonds. Coupon bonds may be registered as to |
| 287 | principal in the holder's name on the books of the hospital |
| 288 | district, the registration being noted upon the bonds, after |
| 289 | which no transfer shall be valid unless made on the hospital |
| 290 | district's books by the registered holder and similarly noted on |
| 291 | the bonds. Bonds registered as to principal may be discharged |
| 292 | from registration by being transferred to bearer, after which |
| 293 | they shall be transferable by delivery, but may be again |
| 294 | registered as to principal as before. The registration of the |
| 295 | bonds as to principal shall not restrain the negotiability of |
| 296 | the coupons by delivery merely. |
| 297 | Section 17. Resolution.--Before any bonds of the Marion |
| 298 | County Hospital District are issued hereunder, the board of |
| 299 | trustees shall investigate and determine the legality of the |
| 300 | proceedings. The resolution authorizing the bonds may direct |
| 301 | that they shall contain the following recital: "It is certified |
| 302 | that this bond is authorized by and is issued in conformity with |
| 303 | the requirements of the Constitution and Statutes of the State |
| 304 | of Florida." Such recital shall be an authorized declaration by |
| 305 | the governing authority of the district and shall import that |
| 306 | there is constitutional and statutory authority for incurring |
| 307 | the debts and issuing the bonds; that all proceedings therefor |
| 308 | are regular; that all acts, conditions, and things required to |
| 309 | exist, happen, and be performed precedent to and in the issuance |
| 310 | of the bonds have existed, happened, and been performed in due |
| 311 | time, form, and manner, as required by law; and that the amount |
| 312 | of the bonds, together with all other indebtedness, does not |
| 313 | exceed any limit prescribed by the constitution and statutes of |
| 314 | this state. If any bond be issued containing said recital, it |
| 315 | shall be conclusively presumed that the recital, construed |
| 316 | according to the import hereby declared, is true, and the |
| 317 | district shall not be permitted to question the validity or |
| 318 | legality of the obligation in any court in any action or |
| 319 | proceeding. |
| 320 | Section 18. Purpose.--In issuing bonds under the |
| 321 | provisions of this act, it shall be lawful for the board of |
| 322 | trustees to include more than one improvement or hospital |
| 323 | purpose in any bond issue. |
| 324 | Section 19. Advertisement.--All bonds issued hereunder |
| 325 | shall be advertised for sale on sealed bids, which advertisement |
| 326 | shall be published once, not less than 14 days preceding the |
| 327 | date fixed for the reception of bids, in a newspaper published |
| 328 | in the hospital district. Notice of sale shall also be published |
| 329 | once, not less than 14 days preceding the date fixed for the |
| 330 | reception of bids, either in a financial paper published in the |
| 331 | City of New York, New York, the City of Chicago, Illinois, or |
| 332 | the City of Baltimore, Maryland. The board of trustees may |
| 333 | reject any and all bids. If the bonds are not sold pursuant to |
| 334 | such advertisements, they may be sold by the board of trustees |
| 335 | at private sale within 60 days after the date advertised for the |
| 336 | reception of sealed bids, but no private sale shall be made at a |
| 337 | price less than the highest bid that shall have been received. |
| 338 | If not so sold, bonds shall be readvertised in the manner herein |
| 339 | described. No bonds issued hereunder shall be sold for less than |
| 340 | 95 percent of the par value and accrued interest. |
| 341 | Section 20. Publication.--No resolution or proceeding in |
| 342 | respect to the issuance of bonds shall be necessary, except as |
| 343 | required by this act. No publication of any resolution or |
| 344 | proceeding relating to the issuance of bonds shall be required, |
| 345 | except as required by this act. Any publication prescribed |
| 346 | hereby may be made in any newspaper conforming to the terms of |
| 347 | this act, without regard to the designation thereof as the |
| 348 | official organ of the district. Bonds issued hereunder shall |
| 349 | have all the qualities of negotiable paper under the law |
| 350 | merchant, shall not be invalid for any irregularity or defect in |
| 351 | the proceedings for the issue and sale thereof, and shall be |
| 352 | incontestable in the hands of bona fide purchasers or holders |
| 353 | thereof for value. |
| 354 | Section 21. Refunding bonds.--The Board of Trustees of the |
| 355 | Marion County Hospital District shall have the power to provide |
| 356 | by resolution for the issuance of refunding bonds to refund |
| 357 | principal and interest of an existing bonded indebtedness, for |
| 358 | the payment of which the credit of the hospital district is |
| 359 | pledged, and the bonds may be issued at or prior to maturity to |
| 360 | the bonds to be refunded. The resolution may be adopted at a |
| 361 | regular or special meeting, and at the same meeting at which it |
| 362 | is introduced, by a majority of the members of the trustees then |
| 363 | in office. It is determined and declared as a matter of |
| 364 | legislative intent that no election to authorize the issuance of |
| 365 | refunding bonds shall be necessary, except in cases where it is |
| 366 | necessary under the State Constitution to hold an election on |
| 367 | the issuance of such refunding bonds, the resolution shall take |
| 368 | effect immediately upon the adoption thereof. No other |
| 369 | proceedings shall be required for the issuance of bonds by the |
| 370 | district. |
| 371 | Section 22. Series of refunding bonds.--The resolution of |
| 372 | the Board of Trustees of the Marion County Hospital District |
| 373 | authorizing the issuance of the refunding bonds may provide that |
| 374 | the refunding bonds may be issued in one or more series; bear |
| 375 | the date; mature at the time not exceeding 30 years from their |
| 376 | respective dates; bear interest at a rate not exceeding the |
| 377 | maximum rate of interest borne by the notes, bonds, or other |
| 378 | obligations refinanced thereby; be in the denomination; be in |
| 379 | the form, either coupon or registered; carry the registration |
| 380 | and conversion privileges; be executed in the manner; be payable |
| 381 | in the medium of payment at the place; be subject to the terms |
| 382 | of redemption with or without a premium; be declared or become |
| 383 | due before the maturity date thereof; provide for the |
| 384 | replacement of mutilated, destroyed, stolen, or lost bonds; be |
| 385 | authenticated in the manner and upon compliance with the |
| 386 | conditions; and contain such other terms and covenants as may be |
| 387 | desired. Notwithstanding the form or tenor thereof, and in the |
| 388 | absence of an express recital on the face thereof that the bond |
| 389 | is nonnegotiable, all refunding bonds shall at all times be, and |
| 390 | shall be treated as, negotiable instruments for all purposes. |
| 391 | Section 23. Valid and binding obligations.--Refunding |
| 392 | bonds bearing the signature of officers of the district in |
| 393 | office on the date of the signing thereof shall be valid and |
| 394 | binding obligations of the district for all purposes, |
| 395 | notwithstanding that before the delivery thereof any or all of |
| 396 | the persons whose signatures appear thereon shall have ceased to |
| 397 | be officers of the district. Any resolution authorizing |
| 398 | refunding bonds may provide that any refunding bonds issued |
| 399 | pursuant to this act may contain a recital, and any refunding |
| 400 | bonds issued under authority of any resolution shall be |
| 401 | conclusively deemed to be valid and to have been issued in |
| 402 | conformity with the provisions of this act. The authority of the |
| 403 | district to issue obligations under this act may be determined |
| 404 | and obligations to be issued under this act may be validated as |
| 405 | provided 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 |
| 409 | or series may be sold or exchanged at one time. Any issue or |
| 410 | series of refunding bonds may be exchanged in part or sold in |
| 411 | parts in installments at different times or at one time. The |
| 412 | refunding bonds may be sold or exchanged at any time on, before, |
| 413 | or after the maturity of any of the outstanding notes, bonds, |
| 414 | certificates, or other obligations to be refinanced thereby. |
| 415 | (b) If the board of trustees determines to exchange any |
| 416 | refunding bonds, such refunding bonds may be exchanged privately |
| 417 | for and in payment and discharge of any of the outstanding |
| 418 | notes, bonds, or other obligations of the district. |
| 419 | |
| 420 | The refunding bonds may be exchanged for a like or greater |
| 421 | principal amount of such notes, bonds, or other obligations of |
| 422 | the district, except that the principal amount of such refunding |
| 423 | bonds may also be issued, to the extent necessary, desirable, or |
| 424 | advisable, at the discretion of the governing body, to fund |
| 425 | interest in arrears or about to become due. The holder of such |
| 426 | outstanding notes, bonds, or other obligations need not pay |
| 427 | accrued interest on the refunding bonds to be delivered in |
| 428 | exchange therefor if and to the extent that interest is due or |
| 429 | accrued and unpaid on such outstanding notes, bonds, or other |
| 430 | obligations to be surrendered. |
| 431 | (2) If the board of trustees determines to sell any |
| 432 | refunding bonds, such refunding bonds shall be sold at not less |
| 433 | than 95 percent of par at public or private sale, in such manner |
| 434 | and upon such terms as the board of trustees shall deem best for |
| 435 | the interest of the district. |
| 436 | Section 25. Legal investments.--All bonds or refunding |
| 437 | bonds issued pursuant to this act shall be and constitute legal |
| 438 | investments for state, county, municipal, and all other public |
| 439 | funds and for banks, savings banks, insurance companies, |
| 440 | executors, administrators, trustees, and all other fiduciaries, |
| 441 | and shall also be and constitute securities eligible as |
| 442 | collateral security for all state, county, municipal, or other |
| 443 | public funds. |
| 444 | Section 26. Revenue bonds.--This section shall be known as |
| 445 | the "Marion County Hospital District Revenue Bond Act." |
| 446 | (1) Whenever used in this section, unless a different |
| 447 | meaning clearly appears from the context: |
| 448 | (a) The term "board" shall mean the governing body of the |
| 449 | Marion County Hospital District. |
| 450 | (b) The term "hospital facilities" shall mean buildings, |
| 451 | machines, and equipment and any other facilities for the |
| 452 | furnishing of hospital and medical services by said hospital |
| 453 | district. |
| 454 | (2) The issuance of any bonds authorized by this section |
| 455 | shall not be required to be approved by the qualified electors |
| 456 | who are freeholders residing in said district or the qualified |
| 457 | electors residing in said district. |
| 458 | (3) In addition to powers contained in this act, the |
| 459 | district has the power under this section: |
| 460 | (a) To construct, acquire, improve and extend, and |
| 461 | maintain and operate hospital facilities, and to acquire by |
| 462 | gift, purchase, or the exercise of the right of eminent domain |
| 463 | lands or rights in lands, and any other property, real or |
| 464 | personal, tangible or intangible, necessary, desirable, or |
| 465 | convenient for said purposes. |
| 466 | (b) To issue bonds to finance, in whole or in part, the |
| 467 | cost of the construction, acquisition, or improvement of such |
| 468 | hospital facilities. The district in determining such costs may |
| 469 | include all costs and estimated costs of the issuance of said |
| 470 | bonds; all engineering, inspection, fiscal, and legal expenses; |
| 471 | all costs of preliminary surveys, plans, maps, and |
| 472 | specifications; interest that is estimated will accrue during |
| 473 | the construction period and 1 year thereafter on money borrowed, |
| 474 | or that it is estimated will be borrowed, pursuant to this |
| 475 | section; initial reserve funds for debt service, working |
| 476 | capital, and the costs of the services of agents or persons, |
| 477 | corporations, firms, partnerships, or associations employed as |
| 478 | consultants, advisors, engineers, or fiscal, financial, or other |
| 479 | experts in the planning, preparation, supervision, and financing |
| 480 | of such hospital facilities. The district is hereby authorized |
| 481 | to employ, jointly or severally, and to enter into agreements or |
| 482 | contracts with consultants, advisors, engineers, attorneys, or |
| 483 | fiscal, financial, or other experts for the planning, |
| 484 | preparation, supervision, and financing of such hospital |
| 485 | facilities or any part thereof, upon such terms and conditions |
| 486 | as to compensation and otherwise as said hospital district shall |
| 487 | deem desirable and proper. |
| 488 | 1. Said bonds and their interest thereon and the |
| 489 | properties of such hospital facilities of said hospital district |
| 490 | shall be exempt from all taxation by the state, or any political |
| 491 | subdivision or taxing agency thereof. |
| 492 | 2. Said bonds shall be and constitute negotiable |
| 493 | instruments under the law merchants and the Uniform Commercial |
| 494 | Code. |
| 495 | (c) To pledge to the punctual payment of bonds pursuant to |
| 496 | this section, and interest thereon, all or any part of the |
| 497 | revenues derived from such hospital facilities, or any other |
| 498 | funds derived from sources other than ad valorem taxes, or any |
| 499 | combination thereof, sufficient to pay said bonds and the |
| 500 | interest thereon as the same shall become due and to create and |
| 501 | maintain reasonable reserves therefor. |
| 502 | (4) The construction or acquisition or improvement of such |
| 503 | hospital facilities or the refunding of any bonds or other |
| 504 | obligations heretofore or hereafter issued for such purposes may |
| 505 | be authorized under this section, and bonds may be authorized to |
| 506 | be issued under this section to provide funds for such purposes |
| 507 | by resolution or resolutions of the board of said hospital |
| 508 | district which may be adopted at the same meeting at which they |
| 509 | are introduced by a majority of the members of the board then in |
| 510 | office, and shall take effect immediately upon adoption and need |
| 511 | not be published or posted. Said bonds shall bear interest at |
| 512 | such rate or rates not exceeding the maximum rate permitted by |
| 513 | general law; may be in one or more series; may bear such date or |
| 514 | dates; may mature at such time or times not exceeding 40 years |
| 515 | from their respective dates; may be made payable in such medium |
| 516 | of payment, at such place, within or without the state; may |
| 517 | carry such registration privileges; may be subject to such |
| 518 | terms, covenants, and conditions; and may be in such form, |
| 519 | either coupon or registered, as such resolution or subsequent |
| 520 | resolution may provide. Said bonds may be sold, all at one time |
| 521 | or in blocks from time to time, at public or private sale, at |
| 522 | such price or prices, by competitive or negotiated sale, all as |
| 523 | allowed or otherwise not prohibited by general law. Pending the |
| 524 | preparation of the definitive bonds, interim certificates, or |
| 525 | receipts or temporary bonds in such form and with such |
| 526 | provisions as the board may determine may be issued to the |
| 527 | purchaser or purchasers of the bonds sold pursuant to this |
| 528 | section. Said bonds and such interim certificates, or receipts |
| 529 | or temporary bonds, shall be fully negotiable within the meaning |
| 530 | of and for all purposes of the law merchant and the Uniform |
| 531 | Commercial Code. |
| 532 | (5) Any resolution or resolutions authorizing the issuance |
| 533 | of bonds, including refunding bonds, under this section, may |
| 534 | contain covenants of the hospital district as to: |
| 535 | (a) The purpose or purposes to which the proceeds of sale |
| 536 | of said bonds may be applied and the securing, use, and |
| 537 | disposition thereof, including, if deemed desirable, the |
| 538 | appointment of a trustee or depositary for said funds. |
| 539 | (b) The use and disposition of the revenues derived from |
| 540 | such hospital facilities, including the parts thereof heretofore |
| 541 | or hereafter constructed or acquired, and the creation and |
| 542 | maintenance of reserve funds. |
| 543 | (c) The pledging of all or any part of the gross revenues |
| 544 | derived from the ownership, operation, or control of such |
| 545 | hospital facilities, including any part thereof heretofore or |
| 546 | hereafter constructed or acquired, or derived from any other |
| 547 | sources, including any available funds, to the payment of the |
| 548 | principal of and interest on bonds issued pursuant to this |
| 549 | section, and for such reserve and other funds as may be deemed |
| 550 | necessary or desirable. |
| 551 | (d) The fixing, establishing, and collection of such fees, |
| 552 | rentals, or other charges for the use of the services and |
| 553 | facilities of such hospital facilities, and the revision of same |
| 554 | from time to time. |
| 555 | |
| 556 | All such covenants and agreements shall constitute valid and |
| 557 | binding contracts between the hospital district and the holders |
| 558 | of any bonds or other obligations issued pursuant to such |
| 559 | resolution, regardless of the time of issuance thereof, and, |
| 560 | subject to any limitations contained in such resolution, shall |
| 561 | be enforceable by any holder or holders of such bonds or other |
| 562 | obligations, acting either for himself or herself or themselves |
| 563 | alone, or acting in behalf of all other holders of such bonds or |
| 564 | other obligations, by appropriate proceedings in any court of |
| 565 | competent jurisdiction. |
| 566 | (6) All bonds issued pursuant to this section shall have a |
| 567 | lien upon the revenues derived from said hospital facilities or |
| 568 | other pledged funds to the extent and in the manner provided in |
| 569 | the resolution authorizing the issuance of such bonds, which |
| 570 | lien shall be prior and paramount and over and ahead of any |
| 571 | claims or obligations of any nature against said revenues or |
| 572 | other pledged funds subsequently arising or subsequently |
| 573 | incurred, except as may be provided in the resolution or |
| 574 | resolutions authorizing such bonds. The rank and priority of |
| 575 | different issues if bonds issued pursuant to this section shall |
| 576 | be as provided in the resolution or resolutions authorizing such |
| 577 | bonds. |
| 578 | (7) The powers conferred by this section shall be in |
| 579 | addition and supplemental to the powers of the district in other |
| 580 | sections of this act, and this section shall not be construed as |
| 581 | repealing or limiting any of the provisions of any other law |
| 582 | relating to said hospital district, but to provide an |
| 583 | alternative and complete method for the exercise of the powers |
| 584 | granted in this section. Such hospital facilities may be |
| 585 | constructed, acquired, or improved, and the bonds or other |
| 586 | obligations issued pursuant to this section without regard to or |
| 587 | necessity for compliance with the limitations or restrictions |
| 588 | contained in any other general, special, or local law. |
| 589 | Section 27. Payment of funds.--The funds of the district |
| 590 | shall be paid out only upon warrant signed by the chair or chair |
| 591 | pro tem of the board, and having thereto affixed the corporate |
| 592 | seal of the district, which may be an impression thereon or a |
| 593 | facsimile thereof; and no warrant shall be drawn or issued |
| 594 | against funds of the district except for a purpose authorized by |
| 595 | this act, and no warrant against funds of the district shall be |
| 596 | drawn or issued until after the account or expenditure for which |
| 597 | the same is to be given in payment has been ordered and approved |
| 598 | by the board of trustees at a meeting in which a quorum is |
| 599 | present. The chair of the board is authorized to sign checks and |
| 600 | warrants of the district by the facsimile signature of the chair |
| 601 | and to use and employ facsimile signature machines for this |
| 602 | purpose, provided that the checks and warrants are countersigned |
| 603 | by the treasurer for the district. |
| 604 | Section 28. Levy of ad valorem tax.--The county |
| 605 | commissioners, upon the request and recommendation of the board |
| 606 | of trustees, are authorized and empowered annually in their |
| 607 | discretion to levy upon real and personal taxable property of |
| 608 | said district, not exempt by law, a sufficient tax necessary for |
| 609 | the purposes and needs of the district incurred in the exercise |
| 610 | of the powers and purposes herein granted, the rate of taxation |
| 611 | per annum shall not exceed 1 mill on the dollar of the valuation |
| 612 | of the property within the district for tax purposes, provided, |
| 613 | however, that the 1 mill limitation herein shall apply only for |
| 614 | the purposes and needs of the district and not for the purposes |
| 615 | of debt service requirements for bonds that may be issued under |
| 616 | this act. The levying of such tax is hereby determined to be for |
| 617 | a public purpose and for the benefit of all the people of the |
| 618 | county. The term "mill," as used in this section, shall be |
| 619 | deemed to mean one-tenth of 1 cent. |
| 620 | Section 29. County commission resolution.--The levy by the |
| 621 | county commissioners of the taxes authorized by any provision of |
| 622 | this act shall be by resolution duly entered upon the minutes of |
| 623 | the county commissioners. Certified copies of the resolution |
| 624 | executed in the name of county commission by its chair shall be |
| 625 | made and delivered to the Chief Financial Officer of the state |
| 626 | not later than June 15 each year. It shall be the mandatory duty |
| 627 | of the county tax assessor of the county to assess and the |
| 628 | county tax collector of the county to collect the amount of |
| 629 | taxes so assessed or levied by the county commissioners upon the |
| 630 | taxable property in the district, not exempt by law at the rate |
| 631 | of taxation adopted by the county commissioners for said year |
| 632 | and included in the warrant of the tax assessor and attached to |
| 633 | the assessment roll of taxes for the county each year. The tax |
| 634 | collector shall collect the tax so levied by the board in the |
| 635 | same manner as other taxes are collected, and shall pay the same |
| 636 | over to the Board of Trustees of the Marion County Hospital |
| 637 | District within the time and in the manner prescribed by law for |
| 638 | the payment by the tax collector of county taxes to the county |
| 639 | depository. It shall be the duty of the railroad assessment |
| 640 | board to furnish each year to the county tax assessor the |
| 641 | assessed value on all railroad, telegraph, and telephone lines |
| 642 | and property in the Marion County Hospital District. The county |
| 643 | commissioners shall use this assessed value as the basis for |
| 644 | levying the tax and the tax collector of the county shall |
| 645 | collect each year the amount of taxes so assessed and remit |
| 646 | these taxes to the Board of Trustees of the Marion County |
| 647 | Hospital District. All taxes shall be held by the board of |
| 648 | trustees and paid out by them as provided in this act. The board |
| 649 | is authorized to pay necessary expenses to the aforenamed |
| 650 | officers for the assessment and collection of taxes on a |
| 651 | reasonable fee basis, not however to exceed that set by general |
| 652 | law. If any surplus shall occur in the operation and maintenance |
| 653 | fund, the board is authorized to use the surplus or any portion |
| 654 | thereof to retire bonded indebtedness but not to the extent that |
| 655 | the financial security of the operation and maintenance fund |
| 656 | shall be impaired. |
| 657 | Section 30. Payment of expenses.--The board is authorized |
| 658 | to pay from the funds of the district all expenses of the |
| 659 | organization of the board and all expenses necessarily incurred |
| 660 | with the formation of the district and all other reasonable and |
| 661 | necessary expenses, including the fees and expenses of an |
| 662 | attorney in the transaction of the business of the district, and |
| 663 | in carrying out and accomplishing the purposes of this act. This |
| 664 | section, however, shall not be construed to limit or destroy any |
| 665 | of the powers vested in the board of trustees by any other |
| 666 | section or provisions of this act. |
| 667 | Section 31. Contractual authority.--Subject to the |
| 668 | provisions and restrictions as may be set forth in the |
| 669 | resolution authorizing or securing any bonds issued under the |
| 670 | provisions of this act, the board shall have power to enter into |
| 671 | contracts with the government of the United States or any agency |
| 672 | or instrumentality thereof, or with the state or any county, |
| 673 | municipality, district, authority, or political subdivision, |
| 674 | private corporation, partnership, association, or individual |
| 675 | providing for or relating to the construction or acquisition of |
| 676 | additions, extensions, and improvements to the hospital and any |
| 677 | other matters relevant thereto or otherwise necessary to effect |
| 678 | the purposes of this act, and to receive and accept from any |
| 679 | federal agency, state agency, or other public body grants or |
| 680 | loans for or in aid of said purposes and to receive and accept |
| 681 | aid or contributions or loans from any other source of either |
| 682 | money, property, labor, or other things of value, to be held, |
| 683 | used, and applied only for the purpose for which grants, |
| 684 | contributions, or loans may be made. |
| 685 | Section 32. Publication of annual statement.--At least |
| 686 | once in each year the board of trustees shall publish once in |
| 687 | some newspaper published in the district, a complete detailed |
| 688 | annual statement of all moneys received and disbursed by it |
| 689 | since the creation of the district as to the first published |
| 690 | statement and since the last published statement as to any other |
| 691 | year. The statements shall also show the several sources from |
| 692 | which funds were received and shall show the balance on hand at |
| 693 | the time of the published statement. The publication shall show |
| 694 | a complete statement of the financial condition of the district. |
| 695 | Section 33. Benefit to residents of district.--Each |
| 696 | hospital or clinic established under this act shall be for the |
| 697 | use and benefit of the residents of the district. Residents |
| 698 | shall be admitted to the hospital or clinic and be entitled to |
| 699 | hospitalization and treatment, subject, however, to the rules |
| 700 | and regulations prescribed by the board of trustees effective as |
| 701 | of the date of admission of a patient to the hospital or clinic. |
| 702 | The hospital or clinic may care for and treat without charge |
| 703 | patients who are found by the board of trustees to be indigent |
| 704 | and who have for 1 year preceding the application for admission |
| 705 | been residents of the district. The board of trustees shall be |
| 706 | authorized to accept money from any welfare funds provided for |
| 707 | Marion County or moneys available to the indigent patients from |
| 708 | a federal, state, or county agency or moneys available to Marion |
| 709 | County from said governmental agencies for welfare and hospital |
| 710 | purposes, for the payment of costs of treatment and care of |
| 711 | indigent residents of the district. The board may collect from |
| 712 | patients financially able such charges as the board of trustees |
| 713 | may from time to time establish. The board of trustees may |
| 714 | exclude from treatment and care any person having a communicable |
| 715 | or contagious disease, where such disease may be a detriment to |
| 716 | the best interests of the hospital or clinic or a source of |
| 717 | contagion or infection to the patients in its care unless the |
| 718 | hospital has a separate building or ward for the special |
| 719 | treatment of such patients, and can properly and with safety to |
| 720 | the other patients retain the communicable or contagious case in |
| 721 | the separate ward or building. The board of trustees may extend |
| 722 | the privileges and use of the hospital or clinic to nonresidents |
| 723 | of the district but who pay the rates established by the board |
| 724 | and upon such terms and conditions as the board may from time to |
| 725 | time by its rules and regulations provide; provided, however, |
| 726 | that the residents of the district wherein the hospital or |
| 727 | clinic is located shall have first claim to admission. The board |
| 728 | shall further have the power to furnish and extend the benefits |
| 729 | of the hospital and clinic services and treatment to the homes |
| 730 | of indigent residents of the district. Each municipal |
| 731 | corporation situated within the district and the law enforcing |
| 732 | agencies of Marion County shall be liable to the board for the |
| 733 | occupancy, care, medicine, and treatment of prisoners in the |
| 734 | custody of the municipal corporation or county officers who are |
| 735 | admitted to any hospital operated by the board. |
| 736 | Section 34. Physicians.--Realizing that factors other than |
| 737 | professional must enter into the qualifications of those who |
| 738 | practice medicine and surgery, the Board of Trustees of the |
| 739 | Marion County Hospital District is authorized to set up rules |
| 740 | and regulations and bylaws for the operation of the hospital and |
| 741 | the hospital staff. The board of trustees is also authorized to |
| 742 | give, grant, or revoke licenses and privileges of staff members |
| 743 | so that the welfare and health of patients and the best |
| 744 | interests of the hospital may at all times be best served. The |
| 745 | board of trustees is further authorized to set up rules and |
| 746 | regulations for the control of all professional and |
| 747 | nonprofessional employees of the hospital, which terms shall |
| 748 | include nurses on general duty or on private duty attending |
| 749 | patients, and all persons in the hospital either as employees or |
| 750 | in any manner in attendance of patients. Any patient shall have |
| 751 | the right to employ, at his or her expense, his or her own |
| 752 | physician, and the physician when employed by the patient shall |
| 753 | have exclusive charge of the care and treatment of the patient, |
| 754 | and the nurses therein, as to the patient, shall be subject to |
| 755 | the direction of the physician, subject always to such general |
| 756 | rules and regulations as shall be established by the board of |
| 757 | trustees. |
| 758 | Section 35. Insurance.--The board of trustees may secure |
| 759 | and keep in force in amounts it may determine, in companies duly |
| 760 | authorized to do business in this state, liability insurance |
| 761 | covering vehicles, premises, and malpractice. In consideration |
| 762 | of the premium at which each policy shall be written, it shall |
| 763 | be a part of the policy contract between the board of trustees |
| 764 | and the named insured that the company shall not be entitled to |
| 765 | the benefit of the defense of governmental immunity for the |
| 766 | insured by reason of exercising a governmental function on any |
| 767 | suit brought against the insured. Immunity of the board of |
| 768 | trustees against liability damages is waived to the extent of |
| 769 | liability insurance carried by the board. Provided, however, no |
| 770 | attempt shall be made at the trial of any action against the |
| 771 | board to suggest the existence of any insurance that covers in |
| 772 | whole or in part any judgment or award that may be rendered in |
| 773 | favor of the plaintiff and if a verdict rendered by the jury |
| 774 | exceeds the limit of the applicable insurance the court shall |
| 775 | reduce the amount of the judgment or award to a sum equal to the |
| 776 | applicable limit set forth in the policy. |
| 777 | Section 36. Construction.--The provisions of this act |
| 778 | shall be liberally construed for accomplishing the work |
| 779 | authorized and provided for by this act, and where strict |
| 780 | construction would result in the defeat of the accomplishment of |
| 781 | any part of the work authorized by this act, and a liberal |
| 782 | construction would permit or assist in the accomplish thereof, |
| 783 | the liberal construction shall be chosen. |
| 784 | Section 37. Record destruction.--The hospital board shall |
| 785 | be empowered to destroy any of its records together with any of |
| 786 | the records of the hospital or clinic owned and operated by the |
| 787 | hospital board, provided that the records are photographed or |
| 788 | microfilmed prior to their destruction. |
| 789 | Section 38. Severability.--If any provision of this act or |
| 790 | the application thereof to any person or circumstance is held |
| 791 | invalid, the invalidity shall not affect the other provisions or |
| 792 | applications of the act which can be given effect without the |
| 793 | invalid provision or application, and to this end the provisions |
| 794 | of this act are declared severable. |
| 795 | Section 4. Chapters 65-1905, 69-1296, 70-802, 71-764, 71- |
| 796 | 765, 71-766, 71-767, and 75-437, Laws of Florida, are repealed. |
| 797 | Section 5. This act shall take effect upon becoming a law. |