| 1 | Representative 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 |
| 6 | upon consideration of all evidence presented, the court shall |
| 7 | render a final judgment as to whether the governing board |
| 8 | complied with the process provided in this section. In reaching |
| 9 | its 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 |
| 13 | which the proposed transaction was considered by the board in |
| 14 | compliance with ss. 286.0105 and 286.011. |
| 15 | (d) The governing board publicly advertised the offer to |
| 16 | accept proposals in compliance with s. 255.0525. |
| 17 | (e) The governing board did not act arbitrarily and |
| 18 | capriciously in making the determination to sell or lease the |
| 19 | hospital assets, selecting the proposed purchaser or lessee, and |
| 20 | negotiating the terms of the sale of lease. |
| 21 | (f) Any conflict of interest was disclosed, including, but |
| 22 | not limited to, conflicts of interest relating to members of the |
| 23 | governing board and experts retained by the parties to the |
| 24 | transaction. |
| 25 | (g) The seller or lessor will receive fair market value |
| 26 | for the assets, which includes an explanation of why the public |
| 27 | interest is served by the proposed transaction. |
| 28 | (h) The governing board incorporated a provision in the |
| 29 | sale or lease requiring the acquiring entity to continue to |
| 30 | provide existing programs and services and quality health care |
| 31 | to all residents of the affected community, particularly to the |
| 32 | indigent, the uninsured, and the underinsured. |
| 33 | (i) The proposed transaction will result in a reduction or |
| 34 | elimination of ad valorem or other taxes used to support the |
| 35 | hospital. |
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| 39 | ----------------------------------------------------- |
| 40 | T I T L E A M E N D M E N T |
| 41 | Remove lines 28-30 and insert: |
| 42 | requiring the court to enter a final judgment; requiring |
| 43 | the board to pay costs associated with |