Amendment
Bill No. CS/CS/CS/HB 619
Amendment No. 346103
CHAMBER ACTION
Senate House
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1Representative Wood offered the following:
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3     Amendment (with title amendment)
4     Remove lines 201-238 and insert:
5     (10)  Upon conclusion of all hearings and proceedings, and
6upon consideration of all evidence presented, the court shall
7render a final judgment as to whether the governing board
8complied with the process provided in this section. In reaching
9its final judgment, the court shall determine whether:
10     (a)  The proposed transaction is permitted by law.
11     (b)  The governing board reviewed all proposals.
12     (c)  The governing board publicly advertised the meeting at
13which the proposed transaction was considered by the board in
14compliance with ss. 286.0105 and 286.011.
15     (d)  The governing board publicly advertised the offer to
16accept proposals in compliance with s. 255.0525.
17     (e)  The governing board did not act arbitrarily and
18capriciously in making the determination to sell or lease the
19hospital assets, selecting the proposed purchaser or lessee, and
20negotiating the terms of the sale of lease.
21     (f)  Any conflict of interest was disclosed, including, but
22not limited to, conflicts of interest relating to members of the
23governing board and experts retained by the parties to the
24transaction.
25     (g)  The seller or lessor will receive fair market value
26for the assets, which includes an explanation of why the public
27interest is served by the proposed transaction.
28     (h)  The governing board incorporated a provision in the
29sale or lease requiring the acquiring entity to continue to
30provide existing programs and services and quality health care
31to all residents of the affected community, particularly to the
32indigent, the uninsured, and the underinsured.
33     (i)  The proposed transaction will result in a reduction or
34elimination of ad valorem or other taxes used to support the
35hospital.
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T I T L E  A M E N D M E N T
41     Remove lines 28-30 and insert:
42requiring the court to enter a final judgment; requiring
43the board to pay costs associated with


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