CS/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 a status
5statement; providing legislative intent; providing
6definitions; providing boundaries of the district;
7providing for a board of trustees of the district;
8providing for appointment of board members; providing
9powers and organization of the board; providing for a
10hospital or clinic in the district; providing for
11construction funds for such hospital or clinic; providing
12for a training school for nurses; providing that the board
13has the power of eminent domain; providing for the board
14to borrow money; providing for general obligation bonds;
15providing for taxation; providing for board approval of
16bonds; providing procedures for bond elections; providing
17for form and type of bonds; providing for resolution
18authorizing bonds; providing that the board may include
19more than one improvement or hospital purpose on a bond
20issue; providing for advertisement and publication;
21providing for refunding bonds; providing for legal
22investments; providing for revenue bonds; providing for
23payment of funds by warrant; providing for levy of ad
24valorem tax; providing for taxes to be authorized by
25resolution; providing for payment of expenses; providing
26for contractual authority; providing for publication of
27annual statement; providing that hospitals or clinics
28shall be established for the benefit of residents of the
29district; providing for rules and regulations regarding
30physicians; providing that the board may secure insurance;
31providing for construction; providing for record
32destruction; providing severability; repealing chapters
3365-1905, 69-1296, 70-802, 71-764, 71-765, 71-766, 71-767,
34and 75-437, Laws of Florida, to conform; providing an
35effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  This act constitutes the codification of all
40special acts relating to the Marion County Hospital District, a
41dependent special district. It is the intent of the Legislature
42in enacting this law to provide a single, comprehensive special
43act charter for the district, including all current legislative
44authority granted to the district by its several legislative
45enactments and any additional authority granted by this act.
46     Section 2.  Chapters 65-1905, 69-1296, 70-802, 71-764, 71-
47765, 71-766, 71-767, and 75-437, Laws of Florida, are amended,
48codified, reenacted, and repealed as provided herein.
49     Section 3.  The Marion County Hospital District is re-
50created, and its charter is re-created and reenacted to read:
51     Section 1.  Definitions.--As used in this act:
52     (1)  "Board" or "board of trustees" means the Board of
53Trustees of the Marion County Hospital District.
54     (2)  "Hospital district" or "district" means the Marion
55County Hospital District.
56     (3)  "County commissioners" means the Board of County
57Commissioners of Marion County.
58     Section 2.  Boundaries.--A special tax district is hereby
59created and incorporated to be known as the Marion County
60Hospital District in Marion County, which district shall embrace
61and include the following described property in Marion County,
62to wit:
63Beginning in the thread of the Withlacoochee River, at
64the range line dividing ranges seventeen and eighteen
65east; thence north to the township line dividing
66townships fourteen and fifteen south; thence east on
67said township line to the middle of township fourteen
68south, range nineteen east; thence north to the line
69dividing townships eleven and twelve south; thence
70east on said township line to Orange Lake; thence down
71said lake along its southern margin to Orange Creek;
72thence northerly and easterly down the thread of said
73Creek to its junction with the Ocklawaha River; thence
74northeasterly down the south side of the Ocklawaha
75River at low water mark to a point on the south side
76of the Ocklawaha River at low water mark, where the
77range line dividing ranges twenty-four and twenty-five
78east in township eleven south, crosses said river;
79thence south on said range line to where it intersects
80the township line dividing townships eleven and twelve
81south; thence east on said township line to where it
82intersects the section line dividing sections two and
83three, in township twelve south, of range twenty-five
84east; thence south on said section line and other
85section lines to the southwest corner of section
86twenty-three of said township twelve south, of range
87twenty-five east; thence east on the section line
88dividing sections twenty-three and twenty-six and
89other section lines to the range line dividing ranges
90twenty-five and twenty-six east; thence south on said
91range line to the Southwest corner of section seven,
92township thirteen south, range twenty-six east; thence
93east on the section line dividing sections seven and
94eighteen, township thirteen south, range twenty-six
95east, and other section lines to the west shore of
96Lake George; thence southwardly along the shore of
97Lake George to the mouth of Sulphur spring; thence
98along the western bank of Lake George until it arrives
99at range line dividing ranges twenty-six and twenty-
100seven east; thence south on said range line to
101township line dividing townships seventeen and
102eighteen south; thence due west on the said township
103line to the thread of the Withlacoochee River; thence
104Northwesterly down the thread of said last mentioned
105river to the place of beginning.
106     Section 3.  Governing body.--
107     (1)  The governing body of the Marion County Hospital
108District shall consist of seven trustees, who shall serve
109without compensation. Said trustees shall be qualified electors
110residing in Marion County for more than 1 year prior to their
111appointment. They shall be known and described as the Board of
112Trustees of the Marion County Hospital District. The trustees
113shall be appointed by the Board of County Commissioners of
114Marion County. The Board of County Commissioners of Marion
115County shall have the power to remove any member of the board of
116trustees for cause, and shall have the power to fill any vacancy
117that may occur during the term of any trustee for the remainder
118of the term for which the vacancy occurs. The seven members of
119the board of trustees now serving shall continue to serve for
120the term for which they were appointed; thereafter, appointments
121shall be for 4-year terms. Two members of the board of trustees,
122as provided for herein, shall be members of the medical
123profession and licensed to practice medicine in the state, be
124members of the medical staff of a hospital operated by the board
125of trustees, and be of different specialties and shall not
126during their term as trustee serve any other hospital as a
127director-trustee or exercise any management function of such
128other hospital. All members of the board of trustees appointed
129as provided for herein shall serve from the date of their
130appointments until their successors are appointed and qualified.
131A regular meeting of the trustees shall be held at least 12
132times during each year.
133     (2)  Should the secretary and treasurer be other than a
134member of the board of trustees, he or she shall give a bond of
135not less than the sum of $10,000 for the faithful performance of
136his or her duties, the amount of said bond to be set by the
137board of trustees as herein provided to be appointed. The
138premium on said bonds shall be paid as part of the expenses of
139the hospital district.
140     Section 4.  Powers.--The Board of Trustees of the Marion
141County Hospital District shall have all the powers of a body
142corporate, including the power to sue and be sued under the name
143of the Marion County Hospital District; to contract and be
144contracted with; to adopt and use a common seal and to alter the
145same; to acquire, purchase, hold, lease, mortgage, and convey
146such real and personal property as the board may deem proper or
147expedient to carry out the purposes of this act; to appoint and
148employ a superintendent or administrator or both, or such other
149agents and employees as the board may deem advisable and to fix
150the compensation of all employees and to remove any appointees
151or employees; to insure the improvements, fixtures, and
152equipment against loss by fire, windstorm, or other coverage in
153such amounts as may be determined reasonable and proper; to
154borrow money; and to issue evidence of indebtedness of the
155district to carry out the provisions of this act in the manner
156hereinafter provided.
157     Section 5.  Operational issues.--There shall be a chair of
158the board of trustees, who shall be elected annually by the
159trustees. There shall be a vice chair of the board of trustees,
160who shall be elected annually by the trustees. The board may
161elect one of its members to serve as secretary and treasurer or
162it may appoint some person not a member of the board to serve in
163that capacity. In the absence of the chair or the vice chair or
164their or his or her inability to act at any regular meeting,
165warrants may be signed by any other member of the board selected
166by the members present as chair pro tem. Three of said trustees
167shall constitute a quorum and a vote of at least three of said
168trustees shall be necessary to the transaction of any business
169of the district. The trustees shall cause true and accurate
170minutes and records to be kept of all business transacted by
171them, and shall keep full, true, and complete books of accounts
172and minutes, which minutes, records, and books of accounts shall
173at all reasonable times be open and subject to the inspection of
174residents of the district; and any person desiring to do so may
175make or procure a copy of the minutes, records, or account, or
176such portion thereof as he or she may desire.
177     Section 6.  Health care facilities and purpose.--The board
178of trustees is authorized to establish, construct, lease,
179operate, and maintain any hospital or clinic as in its opinion
180shall be necessary for the use of the people of the district.
181Any hospital or clinic shall be established, constructed,
182leased, operated, and maintained by said board of trustees for
183the preservation of the public health, for the public good, and
184for the use of the public of the district. Maintenance of any
185hospital or clinic within said district is hereby found and
186declared to be a public purpose and necessary for the
187preservation of the public health and the public use and welfare
188of the district and inhabitants thereof. The location of the
189hospital or clinic shall be determined by the board. The board
190is authorized to accept any and all gifts, loans, or
191advancements for the purchase of property, real or personal, for
192the construction, equipping, operation, and maintenance of any
193hospital or clinic established by the board.
194     Section 7.  County commission; transfer of funds.--The
195county commissioners are authorized to transfer funds collected
196under the provisions of chapter 57-1567, Laws of Florida, to the
197board for hospital construction purposes only.
198     Section 8.  Training school.--The board of trustees is
199authorized at any time in its discretion to establish and
200maintain in connection with any hospital or clinic, and as a
201part thereof, a training school for nurses and, upon completion
202of a prescribed course of training, shall give to nurses who
203have satisfactorily completed the course a diploma. The board of
204trustees is authorized to set up all rules and regulations
205necessary for the operation of a nurse's training school, and to
206make all necessary expenditures in connection therewith.
207     Section 9.  Eminent domain.--The board shall have the power
208of eminent domain and may thereby condemn and acquire any real
209or personal property within the territorial limits of the
210district that the board may deem necessary for the use of the
211district. Such power of condemnation shall be exercised in the
212same manner as is now provided by general law for the exercise
213of power of eminent domain by cities and towns of the state.
214     Section 10.  Borrowing money.--The board of trustees is
215authorized, in order to provide for and carry out the work of
216this act, to borrow money from time to time for periods of time
217not exceeding 1 year at any one time, and to issue the note or
218notes of the district therefor upon such terms and upon such
219rates of legal interest per annum as said board may deem
220advisable. The board shall have the additional right to pledge
221as security for money borrowed by it, any moneys accruing to it
222or to accrue to it from any source, including revenues derived
223from the operation of the hospital; provided, however, that the
224aggregate amount of principal of money so borrowed shall not, at
225any one time, exceed 10 percent of the gross revenues realized
226by said board through the operation of the hospital during the
227preceding calendar year, and provided further that the interest
228to be paid thereon shall not exceed the prime interest rate
229charged by commercial banks doing business in Marion County.
230     Section 11.  General obligation bonds.--Except as otherwise
231provided in this act, the Board of Trustees of the Marion County
232Hospital District is authorized to issue bonds of such form,
233denomination, and bearing such rate of interest not to exceed
234the maximum rate permitted by general law, and becoming due not
235less than 5 nor more than 30 years from the date of issuance,
236for the purpose of raising funds to establish, expand,
237construct, operate, and maintain any hospital or clinic as in
238the board's opinion is necessary in the district. The board of
239trustees shall have the power to refund any and all previous
240issues of bonds for any and all lawful hospital purposes. All
241proceeds derived from the sale of bonds or refunding bonds,
242exclusive of expenses, shall be deposited in a depository
243selected by the board.
244     Section 12.  Taxation.--Prior to the issuance of bonds, the
245board of trustees shall, by resolution, determine the amount
246that in its opinion will be necessary to be raised annually by
247taxation for an interest and sinking fund with which to pay the
248interest and principal of the bonds. The county commissioners
249are also authorized and required to provide for the levy and
250collection annually of a sufficient tax upon all the taxable
251property in the district, not exempt by law, to pay the
252interest, and with which to provide and maintain a sinking fund
253for the payment of the principal of the bonds.
254     Section 13.  Approval.--All bonds issued by the Board of
255Trustees of the Marion County Hospital District, except
256refunding bonds, revenue bonds, or certificates and anticipation
257time warrants, shall be issued only after the same shall have
258been approved by a majority of the votes cast in an election of
259the qualified registered electors in the district; which
260election shall be called and held by the board of trustees,
261subject to reasonable rules and regulations prepared by the
262board. In the event it is determined to hold an election to
263decide whether a majority of the qualified electors are in favor
264of the issuance of bonds, the board of trustees shall by
265resolution order an election to be held in the district, and
266shall give 30 days' notice of election by publication in a
267newspaper of general circulation within the district, once a
268week for 4 consecutive weeks during such period.
269     Section 14.  Procedures.--Insofar as practicable, the
270provisions of chapter 100, Florida Statutes, providing the
271procedure for bond elections, shall govern.
272     Section 15.  Form.--All bonds issued under this act shall
273be in the denomination of $100 or some multiple thereof; shall
274bear interest not to exceed the maximum rate permitted by
275general law, payable annually or semiannually; and both
276principal and interest shall be payable at such places as the
277governing authority may determine. The form of the bonds shall
278be fixed by resolution of the board of trustees and the bonds
279shall be signed by the chair of the board and countersigned by
280the secretary of the board under the seal of the district. The
281coupons, if any, may be executed by the facsimile signatures of
282said officers. The delivery at any subsequent date of any bond
283and coupon so executed shall be valid, although before the date
284of delivery the persons signing the bonds or coupons shall cease
285to hold office.
286     Section 16.  Type.--Bonds issued hereunder may be either
287registered or coupon bonds. Coupon bonds may be registered as to
288principal in the holder's name on the books of the hospital
289district, the registration being noted upon the bonds, after
290which no transfer shall be valid unless made on the hospital
291district's books by the registered holder and similarly noted on
292the bonds. Bonds registered as to principal may be discharged
293from registration by being transferred to bearer, after which
294they shall be transferable by delivery, but may be again
295registered as to principal as before. The registration of the
296bonds as to principal shall not restrain the negotiability of
297the coupons by delivery merely.
298     Section 17.  Resolution.--Before any bonds of the Marion
299County Hospital District are issued hereunder, the board of
300trustees shall investigate and determine the legality of the
301proceedings. The resolution authorizing the bonds may direct
302that they shall contain the following recital: "It is certified
303that this bond is authorized by and is issued in conformity with
304the requirements of the Constitution and Statutes of the State
305of Florida." Such recital shall be an authorized declaration by
306the governing authority of the district and shall import that
307there is constitutional and statutory authority for incurring
308the debts and issuing the bonds; that all proceedings therefor
309are regular; that all acts, conditions, and things required to
310exist, happen, and be performed precedent to and in the issuance
311of the bonds have existed, happened, and been performed in due
312time, form, and manner, as required by law; and that the amount
313of the bonds, together with all other indebtedness, does not
314exceed any limit prescribed by the constitution and statutes of
315this state. If any bond be issued containing said recital, it
316shall be conclusively presumed that the recital, construed
317according to the import hereby declared, is true, and the
318district shall not be permitted to question the validity or
319legality of the obligation in any court in any action or
320proceeding.
321     Section 18.  Purpose.--In issuing bonds under the
322provisions of this act, it shall be lawful for the board of
323trustees to include more than one improvement or hospital
324purpose in any bond issue.
325     Section 19.  Advertisement.--All bonds issued hereunder
326shall be advertised for sale on sealed bids, which advertisement
327shall be published once, not less than 14 days preceding the
328date fixed for the reception of bids, in a newspaper published
329in the hospital district. Notice of sale shall also be published
330once, not less than 14 days preceding the date fixed for the
331reception of bids, either in a financial paper published in the
332City of New York, New York, the City of Chicago, Illinois, or
333the City of Baltimore, Maryland. The board of trustees may
334reject any and all bids. If the bonds are not sold pursuant to
335such advertisements, they may be sold by the board of trustees
336at private sale within 60 days after the date advertised for the
337reception of sealed bids, but no private sale shall be made at a
338price less than the highest bid that shall have been received.
339If not so sold, bonds shall be readvertised in the manner herein
340described. No bonds issued hereunder shall be sold for less than
34195 percent of the par value and accrued interest.
342     Section 20.  Publication.--No resolution or proceeding in
343respect to the issuance of bonds shall be necessary, except as
344required by this act. No publication of any resolution or
345proceeding relating to the issuance of bonds shall be required,
346except as required by this act. Any publication prescribed
347hereby may be made in any newspaper conforming to the terms of
348this act, without regard to the designation thereof as the
349official organ of the district. Bonds issued hereunder shall
350have all the qualities of negotiable paper under the law
351merchant, shall not be invalid for any irregularity or defect in
352the proceedings for the issue and sale thereof, and shall be
353incontestable in the hands of bona fide purchasers or holders
354thereof for value.
355     Section 21.  Refunding bonds.--The Board of Trustees of the
356Marion County Hospital District shall have the power to provide
357by resolution for the issuance of refunding bonds to refund
358principal and interest of an existing bonded indebtedness, for
359the payment of which the credit of the hospital district is
360pledged, and the bonds may be issued at or prior to maturity to
361the bonds to be refunded. The resolution may be adopted at a
362regular or special meeting, and at the same meeting at which it
363is introduced, by a majority of the members of the trustees then
364in office. It is determined and declared as a matter of
365legislative intent that no election to authorize the issuance of
366refunding bonds shall be necessary, except in cases where it is
367necessary under the State Constitution to hold an election on
368the issuance of such refunding bonds, the resolution shall take
369effect immediately upon the adoption thereof. No other
370proceedings shall be required for the issuance of bonds by the
371district.
372     Section 22.  Series of refunding bonds.--The resolution of
373the Board of Trustees of the Marion County Hospital District
374authorizing the issuance of the refunding bonds may provide that
375the refunding bonds may be issued in one or more series; bear
376the date; mature at the time not exceeding 30 years from their
377respective dates; bear interest at a rate not exceeding the
378maximum rate of interest borne by the notes, bonds, or other
379obligations refinanced thereby; be in the denomination; be in
380the form, either coupon or registered; carry the registration
381and conversion privileges; be executed in the manner; be payable
382in the medium of payment at the place; be subject to the terms
383of redemption with or without a premium; be declared or become
384due before the maturity date thereof; provide for the
385replacement of mutilated, destroyed, stolen, or lost bonds; be
386authenticated in the manner and upon compliance with the
387conditions; and contain such other terms and covenants as may be
388desired. Notwithstanding the form or tenor thereof, and in the
389absence of an express recital on the face thereof that the bond
390is nonnegotiable, all refunding bonds shall at all times be, and
391shall be treated as, negotiable instruments for all purposes.
392     Section 23.  Valid and binding obligations.--Refunding
393bonds bearing the signature of officers of the district in
394office on the date of the signing thereof shall be valid and
395binding obligations of the district for all purposes,
396notwithstanding that before the delivery thereof any or all of
397the persons whose signatures appear thereon shall have ceased to
398be officers of the district. Any resolution authorizing
399refunding bonds may provide that any refunding bonds issued
400pursuant to this act may contain a recital, and any refunding
401bonds issued under authority of any resolution shall be
402conclusively deemed to be valid and to have been issued in
403conformity with the provisions of this act. The authority of the
404district to issue obligations under this act may be determined
405and obligations to be issued under this act may be validated as
406provided by law.
407     Section 24.  Sale of the refunding bonds.--
408     (1)  Refunding bonds may be sold or exchanged as follows:
409     (a)  In installments at different times, or an entire issue
410or series may be sold or exchanged at one time. Any issue or
411series of refunding bonds may be exchanged in part or sold in
412parts in installments at different times or at one time. The
413refunding bonds may be sold or exchanged at any time on, before,
414or after the maturity of any of the outstanding notes, bonds,
415certificates, or other obligations to be refinanced thereby.
416     (b)  If the board of trustees determines to exchange any
417refunding bonds, such refunding bonds may be exchanged privately
418for and in payment and discharge of any of the outstanding
419notes, bonds, or other obligations of the district.
420
421The refunding bonds may be exchanged for a like or greater
422principal amount of such notes, bonds, or other obligations of
423the district, except that the principal amount of such refunding
424bonds may also be issued, to the extent necessary, desirable, or
425advisable, at the discretion of the governing body, to fund
426interest in arrears or about to become due. The holder of such
427outstanding notes, bonds, or other obligations need not pay
428accrued interest on the refunding bonds to be delivered in
429exchange therefor if and to the extent that interest is due or
430accrued and unpaid on such outstanding notes, bonds, or other
431obligations to be surrendered.
432     (2)  If the board of trustees determines to sell any
433refunding bonds, such refunding bonds shall be sold at not less
434than 95 percent of par at public or private sale, in such manner
435and upon such terms as the board of trustees shall deem best for
436the interest of the district.
437     Section 25.  Legal investments.--All bonds or refunding
438bonds issued pursuant to this act shall be and constitute legal
439investments for state, county, municipal, and all other public
440funds and for banks, savings banks, insurance companies,
441executors, administrators, trustees, and all other fiduciaries,
442and shall also be and constitute securities eligible as
443collateral security for all state, county, municipal, or other
444public funds.
445     Section 26.  Revenue bonds.--This section shall be known as
446the "Marion County Hospital District Revenue Bond Act."
447     (1)  Whenever used in this section, unless a different
448meaning clearly appears from the context:
449     (a)  The term "board" shall mean the governing body of the
450Marion County Hospital District.
451     (b)  The term "hospital facilities" shall mean buildings,
452machines, and equipment and any other facilities for the
453furnishing of hospital and medical services by said hospital
454district.
455     (2)  The issuance of any bonds authorized by this section
456shall not be required to be approved by the qualified electors
457who are freeholders residing in said district or the qualified
458electors residing in said district.
459     (3)  In addition to powers contained in this act, the
460district has the power under this section:
461     (a)  To construct, acquire, improve and extend, and
462maintain and operate hospital facilities, and to acquire by
463gift, purchase, or the exercise of the right of eminent domain
464lands or rights in lands, and any other property, real or
465personal, tangible or intangible, necessary, desirable, or
466convenient for said purposes.
467     (b)  To issue bonds to finance, in whole or in part, the
468cost of the construction, acquisition, or improvement of such
469hospital facilities. The district in determining such costs may
470include all costs and estimated costs of the issuance of said
471bonds; all engineering, inspection, fiscal, and legal expenses;
472all costs of preliminary surveys, plans, maps, and
473specifications; interest that is estimated will accrue during
474the construction period and 1 year thereafter on money borrowed,
475or that it is estimated will be borrowed, pursuant to this
476section; initial reserve funds for debt service, working
477capital, and the costs of the services of agents or persons,
478corporations, firms, partnerships, or associations employed as
479consultants, advisors, engineers, or fiscal, financial, or other
480experts in the planning, preparation, supervision, and financing
481of such hospital facilities. The district is hereby authorized
482to employ, jointly or severally, and to enter into agreements or
483contracts with consultants, advisors, engineers, attorneys, or
484fiscal, financial, or other experts for the planning,
485preparation, supervision, and financing of such hospital
486facilities or any part thereof, upon such terms and conditions
487as to compensation and otherwise as said hospital district shall
488deem desirable and proper.
489     1.  Said bonds and their interest thereon and the
490properties of such hospital facilities of said hospital district
491shall be exempt from all taxation by the state, or any political
492subdivision or taxing agency thereof.
493     2.  Said bonds shall be and constitute negotiable
494instruments under the law merchants and the Uniform Commercial
495Code.
496     (c)  To pledge to the punctual payment of bonds pursuant to
497this section, and interest thereon, all or any part of the
498revenues derived from such hospital facilities, or any other
499funds derived from sources other than ad valorem taxes, or any
500combination thereof, sufficient to pay said bonds and the
501interest thereon as the same shall become due and to create and
502maintain reasonable reserves therefor.
503     (4)  The construction or acquisition or improvement of such
504hospital facilities or the refunding of any bonds or other
505obligations heretofore or hereafter issued for such purposes may
506be authorized under this section, and bonds may be authorized to
507be issued under this section to provide funds for such purposes
508by resolution or resolutions of the board of said hospital
509district which may be adopted at the same meeting at which they
510are introduced by a majority of the members of the board then in
511office, and shall take effect immediately upon adoption and need
512not be published or posted. Said bonds shall bear interest at
513such rate or rates not exceeding the maximum rate permitted by
514general law; may be in one or more series; may bear such date or
515dates; may mature at such time or times not exceeding 40 years
516from their respective dates; may be made payable in such medium
517of payment, at such place, within or without the state; may
518carry such registration privileges; may be subject to such
519terms, covenants, and conditions; and may be in such form,
520either coupon or registered, as such resolution or subsequent
521resolution may provide. Said bonds may be sold, all at one time
522or in blocks from time to time, at public or private sale, at
523such price or prices, by competitive or negotiated sale, all as
524allowed or otherwise not prohibited by general law. Pending the
525preparation of the definitive bonds, interim certificates, or
526receipts or temporary bonds in such form and with such
527provisions as the board may determine may be issued to the
528purchaser or purchasers of the bonds sold pursuant to this
529section. Said bonds and such interim certificates, or receipts
530or temporary bonds, shall be fully negotiable within the meaning
531of and for all purposes of the law merchant and the Uniform
532Commercial Code.
533     (5)  Any resolution or resolutions authorizing the issuance
534of bonds, including refunding bonds, under this section, may
535contain covenants of the hospital district as to:
536     (a)  The purpose or purposes to which the proceeds of sale
537of said bonds may be applied and the securing, use, and
538disposition thereof, including, if deemed desirable, the
539appointment of a trustee or depositary for said funds.
540     (b)  The use and disposition of the revenues derived from
541such hospital facilities, including the parts thereof heretofore
542or hereafter constructed or acquired, and the creation and
543maintenance of reserve funds.
544     (c)  The pledging of all or any part of the gross revenues
545derived from the ownership, operation, or control of such
546hospital facilities, including any part thereof heretofore or
547hereafter constructed or acquired, or derived from any other
548sources, including any available funds, to the payment of the
549principal of and interest on bonds issued pursuant to this
550section, and for such reserve and other funds as may be deemed
551necessary or desirable.
552     (d)  The fixing, establishing, and collection of such fees,
553rentals, or other charges for the use of the services and
554facilities of such hospital facilities, and the revision of same
555from time to time.
556
557All such covenants and agreements shall constitute valid and
558binding contracts between the hospital district and the holders
559of any bonds or other obligations issued pursuant to such
560resolution, regardless of the time of issuance thereof, and,
561subject to any limitations contained in such resolution, shall
562be enforceable by any holder or holders of such bonds or other
563obligations, acting either for himself or herself or themselves
564alone, or acting in behalf of all other holders of such bonds or
565other obligations, by appropriate proceedings in any court of
566competent jurisdiction.
567     (6)  All bonds issued pursuant to this section shall have a
568lien upon the revenues derived from said hospital facilities or
569other pledged funds to the extent and in the manner provided in
570the resolution authorizing the issuance of such bonds, which
571lien shall be prior and paramount and over and ahead of any
572claims or obligations of any nature against said revenues or
573other pledged funds subsequently arising or subsequently
574incurred, except as may be provided in the resolution or
575resolutions authorizing such bonds. The rank and priority of
576different issues if bonds issued pursuant to this section shall
577be as provided in the resolution or resolutions authorizing such
578bonds.
579     (7)  The powers conferred by this section shall be in
580addition and supplemental to the powers of the district in other
581sections of this act, and this section shall not be construed as
582repealing or limiting any of the provisions of any other law
583relating to said hospital district, but to provide an
584alternative and complete method for the exercise of the powers
585granted in this section. Such hospital facilities may be
586constructed, acquired, or improved, and the bonds or other
587obligations issued pursuant to this section without regard to or
588necessity for compliance with the limitations or restrictions
589contained in any other general, special, or local law.
590     Section 27.  Payment of funds.--The funds of the district
591shall be paid out only upon warrant signed by the chair or chair
592pro tem of the board, and having thereto affixed the corporate
593seal of the district, which may be an impression thereon or a
594facsimile thereof; and no warrant shall be drawn or issued
595against funds of the district except for a purpose authorized by
596this act, and no warrant against funds of the district shall be
597drawn or issued until after the account or expenditure for which
598the same is to be given in payment has been ordered and approved
599by the board of trustees at a meeting in which a quorum is
600present. The chair of the board is authorized to sign checks and
601warrants of the district by the facsimile signature of the chair
602and to use and employ facsimile signature machines for this
603purpose, provided that the checks and warrants are countersigned
604by the treasurer for the district.
605     Section 28.  Levy of ad valorem tax.--The county
606commissioners, upon the request and recommendation of the board
607of trustees, are authorized and empowered annually in their
608discretion to levy upon real and personal taxable property of
609said district, not exempt by law:
610     (1)  A sufficient tax necessary for the purposes and needs
611of the district incurred in the exercise of the powers and
612purposes herein granted, the rate of taxation per annum shall
613not exceed 1 mill on the dollar of the valuation of the property
614within the district for tax purposes, provided, however, that
615the 1 mill limitation herein shall apply only for the purposes
616and needs of the district and not for the purposes of debt
617service requirements for bonds that may be issued under this
618act.
619     (2)  One mill on the dollar of valuation of the property
620within the district for tax purposes, for payment of the costs
621of financing the acquisition, erection, and construction of
622additions, improvements, and extensions, or the costs of
623acquisition, erection, and construction of additions,
624improvements, and extensions to the hospital operated by the
625board of trustees.
626
627The levying of such tax is hereby determined to be for a public
628purpose and for the benefit of all the people of the county. The
629term "mill," as used in this section, shall be deemed to mean
630one-tenth of 1 cent.
631     Section 29.  County commission resolution.--The levy by the
632county commissioners of the taxes authorized by any provision of
633this act shall be by resolution duly entered upon the minutes of
634the county commissioners. Certified copies of the resolution
635executed in the name of county commission by its chair shall be
636made and delivered to the Chief Financial Officer of the state
637not later than June 15 each year. It shall be the mandatory duty
638of the county tax assessor of the county to assess and the
639county tax collector of the county to collect the amount of
640taxes so assessed or levied by the county commissioners upon the
641taxable property in the district, not exempt by law at the rate
642of taxation adopted by the county commissioners for said year
643and included in the warrant of the tax assessor and attached to
644the assessment roll of taxes for the county each year. The tax
645collector shall collect the tax so levied by the board in the
646same manner as other taxes are collected, and shall pay the same
647over to the Board of Trustees of the Marion County Hospital
648District within the time and in the manner prescribed by law for
649the payment by the tax collector of county taxes to the county
650depository. It shall be the duty of the railroad assessment
651board to furnish each year to the county tax assessor the
652assessed value on all railroad, telegraph, and telephone lines
653and property in the Marion County Hospital District. The county
654commissioners shall use this assessed value as the basis for
655levying the tax and the tax collector of the county shall
656collect each year the amount of taxes so assessed and remit
657these taxes to the Board of Trustees of the Marion County
658Hospital District. All taxes shall be held by the board of
659trustees and paid out by them as provided in this act. The board
660is authorized to pay necessary expenses to the aforenamed
661officers for the assessment and collection of taxes on a
662reasonable fee basis, not however to exceed that set by general
663law. If any surplus shall occur in the operation and maintenance
664fund, the board is authorized to use the surplus or any portion
665thereof to retire bonded indebtedness but not to the extent that
666the financial security of the operation and maintenance fund
667shall be impaired.
668     Section 30.  Payment of expenses.--The board is authorized
669to pay from the funds of the district all expenses of the
670organization of the board and all expenses necessarily incurred
671with the formation of the district and all other reasonable and
672necessary expenses, including the fees and expenses of an
673attorney in the transaction of the business of the district, and
674in carrying out and accomplishing the purposes of this act. This
675section, however, shall not be construed to limit or destroy any
676of the powers vested in the board of trustees by any other
677section or provisions of this act.
678     Section 31.  Contractual authority.--Subject to the
679provisions and restrictions as may be set forth in the
680resolution authorizing or securing any bonds issued under the
681provisions of this act, the board shall have power to enter into
682contracts with the government of the United States or any agency
683or instrumentality thereof, or with the state or any county,
684municipality, district, authority, or political subdivision,
685private corporation, partnership, association, or individual
686providing for or relating to the construction or acquisition of
687additions, extensions, and improvements to the hospital and any
688other matters relevant thereto or otherwise necessary to effect
689the purposes of this act, and to receive and accept from any
690federal agency, state agency, or other public body grants or
691loans for or in aid of said purposes and to receive and accept
692aid or contributions or loans from any other source of either
693money, property, labor, or other things of value, to be held,
694used, and applied only for the purpose for which grants,
695contributions, or loans may be made.
696     Section 32.  Publication of annual statement.--At least
697once in each year the board of trustees shall publish once in
698some newspaper published in the district, a complete detailed
699annual statement of all moneys received and disbursed by it
700since the creation of the district as to the first published
701statement and since the last published statement as to any other
702year. The statements shall also show the several sources from
703which funds were received and shall show the balance on hand at
704the time of the published statement. The publication shall show
705a complete statement of the financial condition of the district.
706     Section 33.  Benefit to residents of district.--Each
707hospital or clinic established under this act shall be for the
708use and benefit of the residents of the district. Residents
709shall be admitted to the hospital or clinic and be entitled to
710hospitalization and treatment, subject, however, to the rules
711and regulations prescribed by the board of trustees effective as
712of the date of admission of a patient to the hospital or clinic.
713The hospital or clinic may care for and treat without charge
714patients who are found by the board of trustees to be indigent
715and who have for 1 year preceding the application for admission
716been residents of the district. The board of trustees shall be
717authorized to accept money from any welfare funds provided for
718Marion County or moneys available to the indigent patients from
719a federal, state, or county agency or moneys available to Marion
720County from said governmental agencies for welfare and hospital
721purposes, for the payment of costs of treatment and care of
722indigent residents of the district. The board may collect from
723patients financially able such charges as the board of trustees
724may from time to time establish. The board of trustees may
725extend the privileges and use of the hospital or clinic to
726nonresidents of the district but who pay the rates established
727by the board and upon such terms and conditions as the board may
728from time to time by its rules and regulations provide;
729provided, however, that the residents of the district wherein
730the hospital or clinic is located shall have first claim to
731admission. The board shall further have the power to furnish and
732extend the benefits of the hospital and clinic services and
733treatment to the homes of indigent residents of the district.
734Each municipal corporation situated within the district and the
735law enforcing agencies of Marion County shall be liable to the
736board for the occupancy, care, medicine, and treatment of
737prisoners in the custody of the municipal corporation or county
738officers who are admitted to any hospital operated by the board.
739     Section 34.  Physicians.--Realizing that factors other than
740professional must enter into the qualifications of those who
741practice medicine and surgery, the Board of Trustees of the
742Marion County Hospital District is authorized to set up rules
743and regulations and bylaws for the operation of the hospital and
744the hospital staff. The board of trustees is also authorized to
745give, grant, or revoke privileges of staff members so that the
746welfare and health of patients and the best interests of the
747hospital may at all times be best served. The board of trustees
748is further authorized to set up rules and regulations for the
749control of all professional and nonprofessional employees of the
750hospital, which terms shall include nurses on general duty or on
751private duty attending patients, and all persons in the hospital
752either as employees or in any manner in attendance of patients.
753Any patient shall have the right to employ, at his or her
754expense, his or her own physician, and the physician when
755employed by the patient shall have exclusive charge of the care
756and treatment of the patient, and the nurses therein, as to the
757patient, shall be subject to the direction of the physician,
758subject always to such general rules and regulations as shall be
759established by the board of trustees.
760     Section 35.  Insurance.--The board of trustees may secure
761and keep in force in amounts it may determine, in companies duly
762authorized to do business in this state, liability insurance
763covering vehicles, premises, and malpractice.
764     Section 36.  Construction.--The provisions of this act
765shall be liberally construed for accomplishing the work
766authorized and provided for by this act, and where strict
767construction would result in the defeat of the accomplishment of
768any part of the work authorized by this act, and a liberal
769construction would permit or assist in the accomplish thereof,
770the liberal construction shall be chosen.
771     Section 37.  Record destruction.--The hospital board shall
772be empowered to destroy any of its records together with any of
773the records of the hospital or clinic owned and operated by the
774hospital board, provided that the records are photographed or
775microfilmed prior to their destruction.
776     Section 38.  Severability.--If any provision of this act or
777the application thereof to any person or circumstance is held
778invalid, the invalidity shall not affect the other provisions or
779applications of the act which can be given effect without the
780invalid provision or application, and to this end the provisions
781of this act are declared severable.
782     Section 4.  Chapters 65-1905, 69-1296, 70-802, 71-764, 71-
783765, 71-766, 71-767, and 75-437, Laws of Florida, are repealed.
784     Section 5.  This act shall take effect upon becoming a law.


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