Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1568
       
       
       
       
       
       
                                Barcode 862950                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/19/2012           .                                
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       The Committee on Health Regulation (Gaetz) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 94 - 138
    4  and insert:
    5         (3) Any sale, lease, or contract entered into pursuant to
    6  this section prior to the effective date of this act must have
    7  complied with the requirements of subsection (2) in effect at
    8  the time of the sale, lease, or contract. Any lease
    9  modification, renewal, or, extension relating to a hospital that
   10  was leased before the effective date of this act is not subject
   11  to this section. It is the intent of the Legislature that this
   12  section does not impose any further requirements with respect to
   13  the formation of any for-profit or not-for-profit Florida
   14  corporation, the composition of the board of directors of any
   15  Florida corporation, or the manner in which control of the
   16  hospital is transferred to the Florida corporation.
   17         (4) As used in this section, the term:
   18         (a) “Affected community” means those persons residing
   19  within the geographic boundaries defined by the charter of the
   20  county, district, or municipal hospital, or if the boundaries
   21  are not specifically defined by charter of the hospital, by the
   22  geographic area from which 75 percent of the county, district,
   23  or municipal hospital’s inpatient admissions are derived.
   24         (b) “Fair market value” means the price that a seller or
   25  lessor is willing to accept and a buyer or lessee is willing to
   26  pay on the open market and in an arms-length transaction, or
   27  what an independent expert in hospital valuation determines the
   28  fair market value to be.
   29         (c) “Interested party” includes any person submitting a
   30  proposal for sale or lease of the county, district, or municipal
   31  hospital, as well as the governing board.
   32         (5) Within 45 calendar days after July 1, 2012, the
   33  governing board of a county, district, or municipal hospital
   34  shall commence an evaluation of the possible benefits to an
   35  affected community from the sale or lease of hospital facilities
   36  owned by the board to a not-for-profit or for-profit entity. In
   37  the course of such evaluation, the board shall:
   38         (a) Conduct a public hearing to provide interested persons
   39  the opportunity to be heard on the matter.
   40         (b) Publish notice of the public hearing in one or more
   41  newspapers of general circulation in the county in which the
   42  majority of the physical assets of the hospital are located and
   43  in the Florida Administrative Weekly at least 15 days before the
   44  hearing is scheduled to take place.
   45         (c) Contract with a certified public accounting firm or
   46  other firm having substantial expertise in the valuation of
   47  hospitals for an independent valuation of the hospital’s fair
   48  market value, with such valuation being available to the public
   49  before the scheduled public hearing.
   50  (d) Consider an objective operating comparison between a
   51  hospital or hospital system operated by the district, county, or
   52  municipality and
   53  
   54  
   55  ================= T I T L E  A M E N D M E N T ================
   56         And the title is amended as follows:
   57         Delete line 5
   58  and insert:
   59         market value,” and “interested party”; requiring the