Florida Senate - 2014 (NP) SB 1430 By Senator Dean 5-01535B-14 20141430__ 1 A bill to be entitled 2 An act relating to the Citrus County Hospital Board, 3 Citrus County; amending chapter 2011-256, Laws of 4 Florida; authorizing the board to create an 5 irrevocable community foundation or trust to manage 6 the proceeds of a lease of the hospital and its 7 facilities to a private for-profit entity; requiring 8 the board to create and staff an irrevocable community 9 foundation or trust to manage the proceeds of certain 10 leases; providing that proceeds of certain leases may 11 only be used for medically related needs of citizens 12 and residents of Citrus County; providing for certain 13 members of the governing body of the irrevocable 14 community trust or foundation; requiring the 15 Supervisor of Elections to conduct elections to select 16 such members upon the request of the board; requiring 17 the irrevocable community trust or foundation to 18 comply with certain rules and laws applicable to 19 governmental entities and their elected and appointed 20 officials; providing that an irrevocable community 21 trust or foundation created by the board is subject to 22 the audit authority of the Clerk of the Court; 23 reducing the authorized millage for the hospital tax 24 under specified circumstances; providing exceptions; 25 authorizing the board to enter into leases or 26 contracts with any Florida corporation, rather than 27 only a Florida nonprofit corporation, for the purpose 28 of operating or managing the hospital and its 29 facilities; providing retroactive applicability; 30 providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Section 3 of chapter 2011-256, Laws of Florida, 35 is amended to read: 36 Section 3. The Citrus County Hospital Board is re-created, 37 and the charter is re-created and reenacted to read: 38 Section 1. This act may be cited as the “Citrus County 39 Hospital and Medical Nursing and Convalescent Home Act.” 40 Section 2. As used in this act, the following words and 41 terms have the following meanings: 42 (1) “Citrus County Hospital Board,” “hospital board,” and 43 “board” means the Citrus County Hospital Board. 44 (2) “County” means Citrus County. 45 (3) “County hospital and medical nursing and convalescent 46 homes” includes hospitals, medical care facilities, clinics, and 47 other allied medical care units. 48 (4) “Indigent care” means medically necessary health care 49 provided to Citrus County residents who are determined to be 50 qualified pursuant to the provisions of the Florida Health Care 51 Responsibility Act, section 154.304(9), Florida Statutes, and 52 the Florida Health Care Indigency Eligibility Certification 53 Standards, Florida Administrative Code, rule 59H-1.0035(30). 54 (5) “Operate” includes build, construct, maintain, repair, 55 alter, expand, equip, lease pursuant to and consistent with the 56 provisions of this act, finance, and operate. 57 (6) “Property” means real and personal property of every 58 nature whatsoever. 59 (7) “State” means the State of Florida. 60 Section 3. (1) There is hereby created the Citrus County 61 Hospital Board, an independent special district, and by that 62 name the board may sue and be sued, plead and be impleaded, 63 contract and be contracted with, acquire and dispose of property 64 or any interest therein, and have an official seal. The board is 65 created as a public nonprofit corporation without stock and is 66 composed of and governed by the five members herein provided 67 for, to be known as trustees. The hospital board is hereby 68 constituted and declared to be an agency of the county and 69 incorporated for the purpose of operating hospitals, medical 70 nursing homes, and convalescent homes in the county. The 71 hospital board shall consist of five trustees appointed by the 72 Governor, and, upon this act becoming a law, the present members 73 will automatically become trustees and shall constitute the 74 board. Their respective terms of office shall be the term each 75 member is presently serving. All subsequent appointments, upon 76 the expiration of the present terms, shall be for terms of 4 77 years each. Upon the expiration of the term of each trustee, the 78 successor shall be appointed by the Governor. Likewise, any 79 vacancy occurring shall be filled by appointment by the Governor 80 for the unexpired term. Each appointment by the Governor is 81 subject to approval and confirmation by the Senate. 82 (2) The trustees of the board shall elect from among its 83 members a chair, a vice chair, and a secretary-treasurer, who 84 shall each hold office for a period of 1 year. Each trustee 85 shall execute a bond in the penal sum of $5,000 with a good and 86 sufficient surety of a surety company authorized under the laws 87 of the state to become surety, payable to the Citrus County 88 Hospital Board, conditioned upon the faithful performance of the 89 duties of the trustee, which bonds shall be approved by the 90 remaining trustees of the board and shall be filed with the 91 Board of County Commissioners of Citrus County. The premiums on 92 such bonds shall be paid by the hospital board. 93 (3) The hospital board shall comply with the applicable 94 requirements of chapter 280, Florida Statutes, and part IV of 95 chapter 218, Florida Statutes. 96 (4) Any and all funds so deposited shall be withdrawn by a 97 check or warrant signed by two trustees of the hospital board, 98 of which one shall be the chair, vice chair, or secretary 99 treasurer. No check or warrant exceeding the sum of $25,000 100 shall be delivered to the payee without approval thereof shown 101 in the minutes of the hospital board meeting. 102 Section 4. The trustees of the board shall receive no 103 compensation for their services. Three trustees shall constitute 104 a quorum of the hospital board for the purpose of conducting its 105 business and exercising its powers and for all other purposes. 106 Action may be taken by the board only upon a vote in the 107 affirmative of three trustees thereof. 108 Section 5. The Citrus County Hospital Board as hereby 109 created shall be for the purpose of operating, in Citrus County, 110 public hospitals, medical nursing homes, and convalescent homes, 111 primarily and chiefly for the benefit of the citizens and 112 residents of Citrus County. Authority is hereby given to the 113 board to build, erect, expand, equip, maintain, operate, alter, 114 change, lease pursuant to and consistent with the provisions of 115 this act, and repair public hospitals, medical nursing homes, 116 and convalescent homes in Citrus County. The corporation is 117 authorized, when rooms and services are available, without 118 detriment or deprivation to the citizens and residents of Citrus 119 County, to extend the hospitalization and medical nursing home 120 and convalescent home services provided by such hospitals, 121 medical nursing homes, and convalescent homes to patients from 122 adjoining and other counties of Florida and from other states, 123 upon the payment of the cost of such hospitalization, medical 124 nursing home services, and convalescent home services as may be 125 determined by the trustees of the hospital board. The board 126 shall have the power and authority to operate an ambulance 127 system and ambulance services and to charge all patients for all 128 services rendered in any facility owned or operated by the 129 hospital board, including the ambulance facility. The board may 130 charge a patient interest on the patient’s account; sell, 131 discount, or assign such account to a bank, finance company, 132 collection agency, or other type of collection facility; accept 133 promissory notes or other types of debt obligations from a 134 patient; assign or discount such accounts receivable, notes, or 135 other obligations; require a patient to guarantee the payment of 136 an existing account or note; require a guarantee of payment 137 before admitting a patient; and receive and assign any 138 assignment of all types of insurance proceeds. In addition to 139 all other powers, the board shall have the power and authority 140 to: 141 (1) Provide for the payment of indigent care services by 142 private health care providers in the county, or to partner with 143 other entities such as the Department of Health, in furtherance 144 of the hospital board’s public purpose and the necessity for the 145 preservation of the public health and welfare of the residents 146 of the county by the hospital board. 147 (2) Develop and implement a county health plan. 148 (3) Create an irrevocable community trust or foundation to 149 manage the proceeds of a lease of the hospital and its 150 facilities to a private for—profit entity. 151 (a) The board must create and staff an irrevocable 152 community trust or foundation to manage the proceeds of a lease 153 of the hospital and its facilities to a private for-profit 154 entity if such lease results in net proceeds that exceed 155 existing debt associated with the hospital and its facilities 156 for loans, notes, revenue bonds, or other bond obligations and a 157 reasonable estimate of the board’s administrative costs to 158 facilitate, manage, or enforce the lease and its covenants. Such 159 proceeds and any interest derived therefrom may be appropriated 160 by the irrevocable community trust or foundation only for the 161 medically related needs of citizens and residents of Citrus 162 County. 163 (b) The governing body of the irrevocable community trust 164 or foundation must include at least two members who are citizens 165 of Citrus County who shall be elected on a nonpartisan, 166 countywide basis to serve a single 4-year term, except, for 167 purposes of establishing staggered terms, the term of one 168 initial citizen member shall be for 2 years. A citizen member 169 may not serve more than one term on the governing body of the 170 irrevocable community trust or foundation. Any vacancy occurring 171 during a term of office for a citizen member shall be filled by 172 appointment of the board for the remainder of the unexpired 173 portion of the term. Upon the request of the board, the 174 Supervisor of Elections for Citrus County shall conduct 175 elections to fill the seats of the citizen members of the 176 governing body of the irrevocable community trust or foundation. 177 (c) The irrevocable community trust or foundation shall be 178 considered a quasi-governmental entity and must comply with all 179 disclosure, accountability, ethics, and government-in-the 180 sunshine requirements which apply both to governmental entities 181 and to their elected and appointed officials. 182 (d) The irrevocable community trust or foundation is 183 subject to the audit authority of the Clerk of the Court for 184 Citrus County. 185 Section 6. The board of county commissioners shall levy or 186 cause to be levied each year beginning July 1, 1965, the millage 187 certified to the board of county commissioners by the trustees 188 of the board upon all taxable real and personal property in 189 Citrus County, not including, however, homestead property that 190 is exempt from general taxation by the Constitution of the State 191 of Florida, for the purpose of erecting, building, equipping, 192 maintaining, changing, altering, repairing, leasing, and 193 operating the public hospital provided for in this act. Such tax 194 shall be known as the hospital tax, and the property appraiser 195 shall make such assessments and the tax collector shall collect 196 such assessments when made. The money collected shall be paid 197 monthly to the board.However,The annual tax levied under this 198 section may not exceed 3 mills. However, effective January 1, 199 2015, if the board’s hospital and its facilities are leased to a 200 private for-profit entity, the annual tax levied under this 201 section may not exceed 0.25 mills. Such restriction does not 202 apply if there is a material default under the lease, 203 termination of the lease, pending litigation regarding the 204 lease, or the board or lessee has served a notice of intent to 205 terminate the lease, notice of nonrenewal of the lease, or 206 notice of default under the lease, in which case the authority 207 to levy the tax under this section reverts to a millage not 208 exceeding 3 mills. 209 Section 7. The hospital board is hereby authorized and 210 empowered to own and acquire property by purchase, lease, gift, 211 grant, or transfer from the county, the state, or the Federal 212 Government, or any subdivision or agency thereof, or from any 213 municipality, person, partnership, or corporation and to 214 acquire, construct, maintain, operate, expand, alter, repair, 215 change, lease, finance, and equip hospitals, medical nursing 216 homes, convalescent homes, medical care facilities, and clinics 217 in the county. 218 Section 8. The hospital board is authorized and empowered 219 to enter into contracts with individuals, partnerships, 220 corporations, municipalities, the county, the state or any 221 subdivision or agency thereof, or the United States of America 222 or any subdivision or agency thereof to carry out the purposes 223 of this act. 224 Section 9. The hospital board is empowered to and shall 225 adopt all necessary rules, regulations, and bylaws for the 226 operation of hospitals, medical nursing homes, and convalescent 227 homes; provide for the admission thereto and treatment of such 228 charity patients who are citizens of the state and residents of 229 the county for the preceding 2 years; set the fees and charges 230 to be made for the admission and treatment therein of all 231 patients; and establish the qualifications for members of the 232 medical profession to be entitled to practice therein. 233 Section 10. The hospital board shall have the power to 234 purchase any and all equipment that may be needed for the 235 operation of hospitals, medical nursing homes, and convalescent 236 homes and shall have the power to appoint and hire such agent or 237 agents, technical experts, attorneys, and all other employees as 238 are necessary for carrying out the purposes of this act, 239 regardless of any lease to a not-for-profit corporation, 240 including the hiring and maintenance of staff personnel as it 241 may deem appropriate to assist the board in the discharge of its 242 operational, financial, and statutory responsibilities, and in 243 carrying out its fiduciary duties to the taxpayers of Citrus 244 County, and to prescribe their salaries and duties. The board 245 shall have the power to discharge all employees or agents when 246 deemed necessary by the board for the carrying out of the 247 purposes of this act. 248 Section 11. At the end of each fiscal year, the Citrus 249 County Hospital Board shall within 30 days file with the Clerk 250 of the Circuit Court of Citrus County a full, complete, and 251 detailed accounting of the preceding year and at the same time 252 shall file a certified copy of such financial report with the 253 Board of County Commissioners of Citrus County, which report 254 shall be recorded in the minutes of the board of county 255 commissioners. The board of county commissioners, at its 256 discretion and at the expense of the county, may publish and 257 report an accounting in a newspaper of general circulation in 258 Citrus County. 259 Section 12. In addition to all other implied and express 260 powers contained in this act, the board shall have the express 261 authority to negotiate loans to borrow money from any state or 262 federal agency for the purpose or purposes of constructing, 263 maintaining, repairing, altering, expanding, equipping, leasing, 264 and operating county hospitals, medical nursing homes, 265 convalescent homes, medical care facilities, clinics, and all 266 other types of allied medical care units. 267 Section 13. (1) In addition to all other implied and 268 express powers contained in this act, the board shall have the 269 express authority to borrow money, with or without issuing notes 270 therefor, for the purpose or purposes of constructing, 271 maintaining, repairing, altering, expanding, equipping, leasing, 272 and operating county hospitals, medical nursing homes, 273 convalescent homes, medical care facilities, clinics, and all 274 other types of allied medical care units. The board’s authority 275 to borrow money, with or without issuing notes, shall be subject 276 to the conditions of this act applying to the board’s right to 277 issue revenue bonds. 278 (2) The board shall have express authority to issue bonds, 279 subject to approval at a referendum of the voters of the county, 280 and to issue revenue bonds, without a referendum of the voters 281 of the county, the proceeds of which shall be used for erecting, 282 equipping, building, expanding, altering, changing, maintaining, 283 operating, leasing, and repairing such hospitals, medical 284 nursing homes, and convalescent homes. Such bonds, federal or 285 state hospital loans, notes, or revenue bonds shall mature 286 within 30 years after the year in which they are issued or made 287 and shall be payable in such years and amounts as shall be 288 approved by the board. 289 (3) The board shall determine the form of the loans, notes, 290 bonds, and revenue bonds, including any interest coupons to be 291 attached thereto, and the manner of executing them, and shall 292 fix the denomination or denominations thereof and the place or 293 places of payment of principal and interest, which may be at any 294 bank or trust company within or without the state. In case a 295 trustee whose signature or a facsimile of whose signature 296 appears on any loan, note, bond, or revenue certificate or 297 coupon ceases to be such trustee before the delivery thereof, 298 such signature or facsimile shall nevertheless be valid and 299 sufficient for all purposes the same as if the trustee had 300 remained in office until such delivery. All loan agreements, 301 notes, bonds, and revenue bonds issued hereunder shall have and 302 are hereby declared to have all the qualities and incidents of 303 negotiable instruments under the negotiable instruments law of 304 the state. 305 (4) Whenever the board passes a resolution approving the 306 issuance of such bonds, the board shall call for an election 307 and, subject to such election, permit the repayment of the bonds 308 out of an annual levy not to exceed 1.5 mills per year. Such 309 millage is included in the maximum millage of 3 mills per year. 310 Subject to such limitations, such bonds shall be payable from 311 the full faith and credit of the board. 312 (5) The loans, notes, and revenue bonds, together with the 313 interest, shall be payable from gross or net receipts of the 314 hospital board or any portion thereof. 315 (6) Such loans, notes, bonds, or revenue bonds shall not 316 bear interest in excess of the maximum rate permitted by the 317 laws of the state. 318 (7) The board may sell bonds, loans, notes, or revenue 319 bonds in such manner, either at public or private sale, and for 320 such price as it may determine to be for the best interest of 321 the hospital board. 322 Section 14. The total amount of outstanding bonds of the 323 hospital payable from ad valorem taxation at any one time shall 324 not exceed an amount equal to 6 times the annual hospital tax, 325 assuming such tax is based upon the yearly millage of 3 mills. 326 Section 15. (1) The Citrus County Hospital Board shall have 327 the authority to enter into leases or contracts with anot-for328profitFlorida corporation for the purpose of operating and 329 managing the hospital and any or all of its facilities of any 330 kind and nature. 331 (2) The Citrus County Hospital Board shall have the power 332 and authority to: 333 (a) Provide health care services to residents of the county 334 through the use of health care facilities not owned and operated 335 by the hospital board. The provision of such care is hereby 336 found and declared to be a public purpose and necessary for the 337 preservation of the public health and welfare of the residents 338 of the county. 339 (b) Maintain an office. 340 (c) Provide for reimbursement to hospitals, physicians, or 341 other health care providers or facilities, whether public or 342 private, and pay private physicians for indigent care. 343 (3) The hospital board is hereby restricted from 344 reimbursing any health care providers or facilities, including 345 hospitals and physicians, for their bad debts arising from those 346 patients who are not eligible for reimbursement under hospital 347 board guidelines. The hospital board, however, shall continue to 348 reimburse such health care providers for the medical care of 349 medically needy patients, to the extent of the hospital board’s 350 financial resources, taking into account funds available from 351 other sources, including other governmental funding sources. 352 Section 16. To ensure public oversight, accountability, and 353 public benefit, in addition to the requirements for any such 354 lease set forth in section 155.40, Florida Statutes: 355 (1) The not-for-profit corporation shall separately account 356 for the expenditure of all ad valorem tax moneys provided to it 357 by the Citrus County Hospital Board, including maintaining them 358 in a separate accounting fund. The expenditure for all such 359 public tax funds shall be approved in a public meeting and 360 separately accounted for annually by the not-for-profit 361 corporation in a report provided to the Citrus County Hospital 362 Board. 363 (2) The articles of incorporation, all amendments or 364 restatements of the articles of incorporation, all corporate 365 bylaws, all amendments or restatements of the corporate bylaws, 366 and all other governing documents of the not-for-profit 367 corporation shall be subject to the approval of the hospital 368 board, and any such documents that have not heretofore been 369 approved by the hospital board shall be submitted forthwith to 370 the hospital board for approval. 371 (3) The hospital board shall be the sole member of the not 372 for-profit corporation. 373 (4) The hospital board shall independently approve any plan 374 of merger or dissolution of the not-for-profit corporation 375 pursuant to sections 617.1103 and 617.1402, Florida Statutes, 376 and may reject any such plan in its sole discretion. 377 (5) The members of the hospital board shall be voting 378 directors of the not-for-profit board of directors who 379 constitute a majority of the voting directors of the not-for 380 profit corporation; and, to the extent that any governance 381 documents of the not-for-profit corporation do not so presently 382 provide, the not-for-profit corporation shall forthwith take all 383 steps necessary to bring them into conformity with this majority 384 membership requirement. 385 (6) All members of the not-for-profit board of directors 386 shall be subject to approval by the hospital board, and any 387 board members presently serving who have not heretofore been 388 approved by the hospital board shall be submitted forthwith to 389 the hospital board for approval. 390 (7) The chief executive officer of the not-for-profit 391 corporation and his or her term of office and any extensions 392 thereof shall be approved by the hospital board, and the 393 hospital board may terminate the term of the chief executive 394 officer of the not-for-profit corporation with or without cause 395 in its sole discretion, subject to the terms of any and all 396 then-existing contracts. 397 (8) The hospital board shall approve all borrowing of money 398 by the not-for-profit corporation in any form and for any reason 399 in an amount exceeding $100,000, any additional loan 400 indebtedness or leases in excess of $1.25 million per instrument 401 or contract, and all policies of the not-for-profit corporation 402 that govern travel reimbursements and contract bid procedures. 403 (9) No annual operating and capital budget of the not-for 404 profit corporation shall become effective until approved by the 405 hospital board. 406 (10) Any capital project of the not-for-profit corporation 407 having a value in excess of $250,000 per project, and any 408 nonbudgeted operative expenditure in excess of $125,000 in the 409 per annum aggregate, shall be approved by the hospital board. 410 (11) At the discretion of the hospital board, each and 411 every year the not-for-profit corporation shall complete an 412 independent audit of the fiscal management of the hospital by an 413 auditor chosen by the hospital board, with the audit to be paid 414 for by the not-for-profit corporation. 415 (12) All records of the not-for-profit corporation shall be 416 public records unless exempt by law. 417 (13) Subject to the annual approved budget, the hospital 418 board shall reimburse the not-for-profit corporation for 419 indigent care pursuant to the Florida Health Care Responsibility 420 Act and the Florida Indigent Certification Standards and shall 421 take into account funds available from other sources, including 422 other governmental funding sources. 423 (14) The provisions in this act and the hospital board’s 424 lease with the not-for-profit corporation shall be construed and 425 interpreted as furthering the public health and welfare and the 426 open government requirements of s. 24, Art. I of the State 427 Constitution and sections 119.01 and 286.011, Florida Statutes. 428 (15) Any dispute between the hospital board and the not 429 for-profit corporation shall be subject to any court action 430 pursuant to sections 164.101-164.1065, Florida Statutes. 431 Section 2. The amendments made by this act to section 5 of 432 the charter of the Citrus County Hospital Board apply to leases 433 entered into after January 1, 2014, with a for-profit Florida 434 corporation. 435 Section 3. This act shall take effect upon becoming a law.