Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 1299
       
       
       
       
       
       
                                Barcode 973138                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/09/2012 04:44 PM       .                                
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       Senator Hays moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 4 of chapter 2002-348, Laws of Florida,
    6  as amended by chapter 2004-460, Laws of Florida, and section 5
    7  of that chapter, are amended to read:
    8         Section 4. POWERS, FUNCTIONS, AND DUTIES.—
    9         A. Eminent domain.—The North Lake County Hospital District,
   10  through its board of trustees, has the power of eminent domain.
   11         B. General Powers.—The Board of Trustees of the North Lake
   12  County Hospital District has all the powers of a body corporate,
   13  including the power to sue and be sued under the name of the
   14  North Lake County Hospital District; to contract and be
   15  contacted with; to adopt and use a common seal; and to acquire,
   16  purchase, hold, lease, and convey such real and personal
   17  property as the board of trustees deems proper or expedient to
   18  carry out the purposes of this act.
   19         C. Ad valorem taxation.—The Board of Trustees of the North
   20  Lake County Hospital District may levy an ad valorem tax in the
   21  district of up to 1 mill on the dollar of the value of all
   22  nonexempt property within that area of Lake County which
   23  comprises the North Lake County Hospital District. Such tax
   24  shall be paid into the district fund.
   25         D. Tax proceeds to charitable foundations; hospitals.—All
   26  future tax proceeds generated from within the Northeast
   27  Territory, less one-half of the amount reserved annually by the
   28  board to pay for maintenance and services for the board, shall
   29  be paid by the board of trustees to Florida Hospital Waterman,
   30  Inc., or other entity determined by Florida Hospital Waterman,
   31  Inc., if it so desires in order to maximize moneys received,
   32  upon written request by Florida Hospital Waterman, Inc., that
   33  the funds are needed for health care. All future proceeds
   34  generated from within the Northwest Territory, less one-half of
   35  the amount reserved annually by the board to pay for maintenance
   36  and services for the board, shall be paid by the board of
   37  trustees to Leesburg Regional Medical Center, Inc., or other
   38  entity determined by Leesburg Regional Medical Center, Inc., if
   39  it so desires in order to maximize moneys received, upon written
   40  request by Leesburg Regional Medical Center, Inc., that the
   41  funds are needed for health care. Funds that are not used for
   42  maintenance and services of the board of the district may be
   43  used only to offset the cost of uncompensated care for services
   44  provided to residents of Lake County who are indigent or who are
   45  Medicaid patients. For purposes of this paragraph, the term
   46  “indigent person” includes a person who does not have health
   47  insurance and whose household income does not exceed 200 percent
   48  of the federal poverty level.
   49         E. LifeStream Behavioral Center.—Leesburg Regional Medical
   50  Center, Inc., and Florida Hospital Waterman, Inc., have brought
   51  to the attention of their respective boards that LifeStream
   52  Behavioral Center should be entitled to receive the following
   53  sums, after submission of a written request by LifeStream
   54  Behavioral Center certifying that the funds are needed for
   55  indigent health care. The request shall be made to Florida
   56  Hospital Waterman, Inc., and Leesburg Regional Medical Center,
   57  Inc. Florida Hospital Waterman, Inc., and Leesburg Regional
   58  Medical Center, Inc., shall pay the following sums to LifeStream
   59  Behavioral Center from their respective share of tax funds
   60  collected and received by Florida Hospital Waterman, Inc., and
   61  Leesburg Regional Medical Center, Inc.
   62         1. For each calendar year after calendar year 1993,
   63  LifeStream Behavioral Center shall be paid $100,000 or 1/20 of 1
   64  mill of the tax moneys due Florida Hospital Waterman, Inc., from
   65  the Northeast Territory, whichever is greater, plus $100,000 or
   66  1/20 of 1 mill of the tax moneys due Leesburg Regional Medical
   67  Center, Inc., from the Northwest Territory, whichever is
   68  greater. If Florida Hospital Waterman, Inc., or Leesburg
   69  Regional Medical Center, Inc., refuses to pay LifeStream
   70  Behavioral Center the funds due under this section in any given
   71  year, during the next fiscal year of the Board of Trustees of
   72  the North Lake County Hospital District, the Board of Trustees
   73  of the North Lake County Hospital District shall directly pay
   74  LifeStream Behavioral Center an amount equal to the funds
   75  withheld during the previous year by the subject provider
   76  payable from funds that would otherwise be payable to the
   77  subject provider.
   78         2. Notwithstanding any of the provisions of this act, the
   79  obligation to pay tax revenues to LifeStream Behavioral Center
   80  under this act shall permanently terminate in the year:
   81         a. When a countywide health taxing district is created and
   82  funded pursuant to chapter 154, Florida Statutes, the countywide
   83  health taxing district provides for reimbursement on an
   84  accountability basis to medical providers for medical, hospital,
   85  and emergency care, including psychiatric care provided to
   86  indigents residing within the county, and the countywide health
   87  taxing district actually reimburses LifeStream Behavioral Center
   88  for medical services in an amount greater than or equal to the
   89  tax revenues received under the provisions of this act in 1
   90  calendar year; or
   91         b. If LifeStream Behavioral Center, for any reason, loses,
   92  relinquishes, or forfeits its accreditation as a hospital.
   93  
   94  Any reimbursement for medical services paid to LifeStream
   95  Behavioral Center by any future countywide health taxing
   96  district shall be deducted from the amount of tax revenues to be
   97  paid under this act. It is the intent of this act that the tax
   98  revenue payments provided for LifeStream Behavioral Center in
   99  this act be reduced by the same amount that is actually paid to
  100  the hospital by the countywide taxing district.
  101         F. Annual financial report.—Leesburg Regional Medical
  102  Center Charitable Foundation, Inc., and its parent corporation;
  103  Florida Hospital Waterman Foundation, Inc., and its parent
  104  corporation; and LifeStream Behavioral Center shall each file
  105  annual independently audited financial statements with the North
  106  Lake County Hospital District.
  107         G. Semiannual patient data reports.—Leesburg Regional
  108  Medical Center Charitable Foundation, Inc., and its parent
  109  corporation; Florida Hospital Waterman Foundation, Inc., and its
  110  parent corporation; and LifeStream Behavioral Center shall each
  111  file semiannual reports with the North Lake County Hospital
  112  District documenting:
  113         1. The number of patients for which tax proceeds under this
  114  section are used;
  115         2. The total cost of patient care to Lake County residents
  116  who are indigent or who are Medicaid patients;
  117         3.The total cost of the uncompensated care provided to
  118  Lake County residents who are indigent or who are Medicaid
  119  patients;
  120         4. The amount of ad valorem tax proceeds spent on providing
  121  care to Lake County residents who are indigent or who are
  122  Medicaid patients; and
  123         5. Any other records or information reasonably required by
  124  the district relating to medical costs and expenditures of the
  125  proceeds of the ad valorem tax proceeds. Such records or
  126  information may not contain personal patient-identifying
  127  information and shall be redacted to protect patient
  128  confidentiality.
  129         H.G. Collection of taxes.—It is the duty of the Property
  130  Appraiser of Lake County to assess, and the Tax Collector of
  131  Lake County to collect, the 1-mill tax levied by the Board of
  132  Trustees of the North Lake County Hospital District upon the
  133  taxable property in the district. The tax collector shall
  134  collect such tax as levied by the board of trustees in the same
  135  manner as other taxes are collected and shall pay the same over
  136  to the Board of Trustees of the North Lake County Hospital
  137  District within the time and in the manner prescribed by law for
  138  the payment of the Tax Collector of Lake County taxes to the
  139  county depository. It is the duty of the Department of Revenue
  140  to assess all such property in accordance with section 193.085,
  141  Florida Statutes. The amount of each county or state taxes and
  142  the taxes for the district shall be assessed by the officer
  143  respectively as are county taxes upon such property, and such
  144  tax shall be remitted by the collecting officer to the Board of
  145  Trustees of the North Lake County Hospital District. All such
  146  taxes shall be held by the Board of Trustees of the North Lake
  147  County Hospital District and paid out by them for purposes of
  148  this act.
  149         I.H. Expenses.—The Board of Trustees of the North Lake
  150  County Hospital District may pay from the funds of the district
  151  all expenses of the organization of such Board of Trustees and
  152  all expenses necessarily incurred with the development of the
  153  district as well as all other reasonable and necessary expenses,
  154  including the fees and expenses of a certified public accountant
  155  and an attorney as needed in the transaction of the business of
  156  the district in carrying out and accomplishing the purposes of
  157  this act. The board shall include in its annual budget a reserve
  158  in an amount deemed necessary by the board for its yearly
  159  expenses.
  160         J.I. Financial disclosure, notice, and reporting
  161  requirements.—At least once every year, the Board of Trustees of
  162  the North Lake County Hospital District shall make and file with
  163  the Clerk of the Circuit Court of Lake County a complete
  164  financial statement of all money received and distributed by the
  165  board since the development of the district as to the first
  166  statement so filed, and since the last statement so filed as to
  167  any other year. Such statements shall also show the several
  168  sources from which the funds were received and shall show the
  169  balance on hand at the time of the making of such statement. It
  170  shall show a complete statement of the financial condition of
  171  the district. Notice of the statement shall be filed with the
  172  Clerk of the Circuit Court of Lake County and published in a
  173  newspaper regularly published in Lake County, and the statement
  174  shall be made available at all reasonable times to all residents
  175  of the district for their inspection. The Board of Trustees of
  176  the North Lake County Hospital District shall comply with all
  177  financial disclosure and reporting requirements provided in
  178  general law.
  179         K.J. Preparation of budget.—The Board of Trustees of the
  180  North Lake County Hospital District shall prepare an annual
  181  balanced budget in accordance with generally accepted accounting
  182  practices and in the manner prescribed by section 218.34,
  183  Florida Statutes.
  184         L.K. Liens and foreclosures.—Liens and foreclosure of liens
  185  resulting from failure to pay ad valorem taxation shall be
  186  treated as liens and foreclosures resulting from other ad
  187  valorem taxes.
  188         Section 5. ESTABLISHMENT AND DISSOLUTION OF THE DISTRICT.
  189  The North Lake County Hospital District established pursuant to
  190  section 189.4042, Florida Statutes, is reestablished by this act
  191  as a special district under chapter 189, Florida Statutes. The
  192  district may be dissolved by action of the Legislature.
  193         A. Duration and continuation.—The district expires and
  194  shall be dissolved at the end of its 2017 fiscal year without
  195  further action by the Legislature. However, the district may be
  196  continued for an additional 10 years if, in the 2016 general
  197  election, a majority of the electors of the district voting in a
  198  referendum called for that purpose approve its continuation. The
  199  district is subject to a continuation vote in like manner every
  200  10 years thereafter. If the district is dissolved without
  201  further action by the Legislature, all property owned by the
  202  district is transferred to, and all indebtedness of the district
  203  shall be assumed by, Lake County upon such dissolution.
  204         B.Referendum.—The Board of County Commissioners of Lake
  205  County shall call, and the Supervisor of Elections of Lake
  206  County shall conduct, in conjunction with the 2022 General
  207  Election, a referendum on the following question:
  208  
  209       CONTINUATION OF THE NORTH LAKE COUNTY HOSPITAL DISTRICT     
  210  
  211         Shall the independent special district known as the
  212         North Lake County Hospital District having authority
  213         to levy each year an ad valorem tax not to exceed 1
  214         mill to fund indigent care to qualified residents of
  215         the county be continued for another 10 years?
  216  
  217         Yes___
  218  
  219         No____
  220  
  221         C. Nothing in this section precludes the dissolution of the
  222  district by action of the Legislature.
  223         Section 2. This act shall take effect upon becoming a law.
  224  
  225  ================= T I T L E  A M E N D M E N T ================
  226         And the title is amended as follows:
  227         Delete everything before the enacting clause
  228  and insert:
  229                        A bill to be entitled                      
  230         An act relating to the North Lake County Hospital
  231         District; amending chapter 2002-348, Laws of Florida,
  232         as amended; authorizing the North Lake County Hospital
  233         District to reduce the rate of its ad valorem tax;
  234         providing for the payment of the proceeds of the tax
  235         to Florida Hospital Waterman, Inc., and Leesburg
  236         Regional Medical Center, Inc., and their parent
  237         corporations, and LifeStream Behavioral Center to
  238         offset the costs of uncompensated care for services
  239         provided to Lake County residents who are indigent or
  240         who are Medicaid patients; defining the term “indigent
  241         persons”; requiring Florida Hospital Waterman, Inc.,
  242         Leesburg Regional Medical Center, Inc., and LifeStream
  243         Behavioral Center to provide biannual reports on the
  244         use of the tax proceeds to the Board of Trustees of
  245         the North Lake County Hospital District; providing for
  246         the dissolution of the district on a certain date
  247         unless the electors of the district voting in a
  248         referendum approve the continuation of the district;
  249         providing an effective date.