Florida Senate - 2012 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1568 Barcode 690162 LEGISLATIVE ACTION Senate . House . . . Floor: 3/AD/2R . 03/07/2012 12:08 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Gaetz moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 290 - 365 4 and insert: 5 (10) The sale or lease of the hospital or health care 6 system is subject to approval by the Secretary of Health Care 7 Administration or his or her designee, except, if otherwise 8 required by law, approval of the sale or lease shall exclusively 9 be by majority vote of the registered voters in the county, 10 district, or municipality in which the hospital or health care 11 system is located. 12 (a) The governing board shall file a petition with the 13 Secretary of Health Care Administration seeking approval of the 14 proposed transaction at least 30 days after publication of the 15 notice of the proposed transaction. 16 (b) The petition for approval filed by the governing board 17 must include all findings and documents required under 18 subsection (7) and certification by the governing board of 19 compliance with all requirements of this section. The chair of 20 the governing board must certify under oath and subject to the 21 penalty of perjury on a form accompanying the petition that the 22 contents of the petition and representations therein are true 23 and correct. 24 (11) Within 30 days after receiving the petition, the 25 Secretary of Health Care Administration or his or her designee 26 shall issue a final order approving or denying the proposed 27 transaction based solely upon consideration of whether the 28 procedures contained within this section have been followed by 29 the governing board of the county, district, or municipal 30 hospital or health care system. The order shall require the 31 governing board to accept or reject the proposal for the sale or 32 lease of the county, district, or municipal hospital or health 33 care system based upon a determination that: 34 (a) The proposed transaction is permitted by law. 35 (b) The proposed transaction does not unreasonably exclude 36 a potential purchaser or lessee on the basis of being a for 37 profit or a not-for-profit Florida corporation or other form of 38 business organization, such as a partnership or limited 39 liability company. 40 (c) The governing board of the hospital or health care 41 system publicly advertised the meeting at which the proposed 42 transaction was considered by the board in compliance with s. 43 286.0105. 44 (d) The governing board of the hospital or health care 45 system publicly advertised the offer to accept proposals in 46 compliance with s. 255.0525. 47 (e) Any conflict of interest was disclosed, including, but 48 not limited to, how the proposed transaction could result in a 49 special private gain or loss to members of the governing board 50 or key management employees of the county, district, or 51 municipal hospital, or if governing board members will be 52 serving on the board of any successor private corporation. 53 Conflicts of interest, if any, with respect to experts retained 54 by the governing board shall also be disclosed. 55 (f) The seller or lessor documented that it will receive 56 fair market value for the sale or lease of the assets as 57 indicated in paragraph (5)(c) or, if leased at less than fair 58 market value, the governing board provided a detailed 59 explanation of how the best interests of the affected community 60 are served by the acceptance of less than fair market value for 61 the lease of the hospital or health care system. 62 (g) The acquiring entity has made an enforceable commitment 63 that programs and services and quality health care will continue 64 to be provided to all residents of the affected community, 65 particularly to the indigent, the uninsured, and the 66 underinsured. 67 (h) The governing board disclosed whether the sale or lease 68 will result in a reduction or elimination of ad valorem or other 69 taxes used to support the hospital. 70 (12) Any interested party to the action has the right to 71 seek judicial review of the decision in the appellate district 72 where the hospital is located or in the First District Court of 73 Appeal pursuant to s. 120.68. 74 (a) All proceedings shall be instituted by filing a notice 75 of appeal in accordance with the Florida Rules of Appellate 76 Procedure within 30 days after the date of the final order. 77 (b) In such judicial review, the appellate court shall 78 affirm the decision of the Secretary of Health Care 79 Administration, unless the decision by the Secretary of Health 80 Care Administration is shown to be clearly erroneous. 81 82 ================= T I T L E A M E N D M E N T ================ 83 And the title is amended as follows: 84 Delete lines 25 - 35 85 and insert: 86 sale or lease is subject to the approval of the 87 Secretary of Health Care Administration; requiring the 88 governing board to file a petition with the Secretary 89 of Health Care Administration seeking approval of the 90 proposed transaction within a specified time period; 91 requiring the Secretary of Health Care Administration 92 or his or her designee to issue a final order 93 approving or denying the proposed transaction; 94 specifying the criteria upon which the Secretary of 95 Health Care Administration must base his or her 96 decision; authorizing an interested party to appeal 97 the decision of the Secretary of Health Care 98 Administration; requiring that all costs be paid by