Senate Bill sb1374c1

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    Florida Senate - 2002                           CS for SB 1374

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senator Mitchell




    316-1911-02

  1                      A bill to be entitled

  2         An act relating to health care; amending s.

  3         212.055, F.S.; allowing small counties having a

  4         specified population to levy an indigent care

  5         surtax; providing procedures; providing uses of

  6         the surtax; providing a maximum tax rate;

  7         providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Subsection (7) of section 212.055, Florida

12  Statutes, is amended to read:

13         212.055  Discretionary sales surtaxes; legislative

14  intent; authorization and use of proceeds.--It is the

15  legislative intent that any authorization for imposition of a

16  discretionary sales surtax shall be published in the Florida

17  Statutes as a subsection of this section, irrespective of the

18  duration of the levy.  Each enactment shall specify the types

19  of counties authorized to levy; the rate or rates which may be

20  imposed; the maximum length of time the surtax may be imposed,

21  if any; the procedure which must be followed to secure voter

22  approval, if required; the purpose for which the proceeds may

23  be expended; and such other requirements as the Legislature

24  may provide.  Taxable transactions and administrative

25  procedures shall be as provided in s. 212.054.

26         (7)  VOTER-APPROVED INDIGENT CARE SURTAX.--

27         (a)  The governing body in each county that has a

28  population of less than 800,000 residents may levy an indigent

29  care surtax pursuant to an ordinance conditioned to take

30  effect only upon approval by a majority vote of the electors

31  of the county voting in a referendum. The surtax may be levied

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    Florida Senate - 2002                           CS for SB 1374
    316-1911-02




  1  at a rate not to exceed 0.5 percent, except that if a publicly

  2  supported medical school is located in the county, the rate

  3  shall not exceed 1 percent.

  4         (b)  A statement that includes a brief and general

  5  description of the purposes to be funded by the surtax and

  6  that conforms to the requirements of s. 101.161 shall be

  7  placed on the ballot by the governing body of the county. The

  8  following questions shall be placed on the ballot:

  9

10                     FOR THE. . . .CENTS TAX

11                   AGAINST THE. . . .CENTS TAX

12

13         (c)  Notwithstanding paragraph (a), the governing body

14  in each county that has a population of fewer than 30,000

15  residents may levy an indigent care surtax conditioned to take

16  effect only upon approval by a majority vote of the electors

17  of the county voting in a referendum. In addition to the uses

18  otherwise set out in this subsection, a county that has a

19  population of fewer than 30,000 residents may use the services

20  of the Division of Bond Finance of the State Board of

21  Administration pursuant to the State Bond Act to issue bonds

22  under this subsection. A jurisdiction may not issue bonds

23  under this subsection more frequently than once per year. Any

24  county that has a population of fewer than 30,000 residents at

25  the time the bonds authorized in this subsection are issued

26  retains the authority granted under this subsection throughout

27  the term of the bonds, including the term of any refinancing

28  bonds, regardless of any subsequent increase in population

29  which results in the county's having 30,000 or more residents.

30  The rate of the surtax levied under this paragraph may not

31  exceed 1 percent.

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    Florida Senate - 2002                           CS for SB 1374
    316-1911-02




  1         (d)(c)  The ordinance adopted by the governing body

  2  providing for the imposition of the surtax must set forth a

  3  plan for providing health care services to qualified

  4  residents, as defined in paragraph (e)(d). The plan and

  5  subsequent amendments to it shall fund a broad range of health

  6  care services for indigent persons and the medically poor,

  7  including, but not limited to, primary care and preventive

  8  care, as well as hospital care. It shall emphasize a

  9  continuity of care in the most cost-effective setting, taking

10  into consideration a high quality of care and geographic

11  access. Where consistent with these objectives, it shall

12  include, without limitation, services rendered by physicians,

13  clinics, community hospitals, mental health centers, and

14  alternative delivery sites, as well as at least one regional

15  referral hospital where appropriate. It shall provide that

16  agreements negotiated between the county and providers shall

17  include reimbursement methodologies that take into account the

18  cost of services rendered to eligible patients, recognize

19  hospitals that render a disproportionate share of indigent

20  care, provide other incentives to promote the delivery of

21  charity care, and require cost containment, including, but not

22  limited to, case management. The plan must also include

23  innovative health care programs that provide cost-effective

24  alternatives to traditional methods of service delivery and

25  funding. In addition to the services otherwise authorized

26  under this subsection, in counties having a population of

27  fewer than 30,000 residents the plan for providing health care

28  services to qualified residents may, by an extraordinary vote

29  of the county commission, provide that some or all of the

30  surtax revenues and any interest accrued thereon must be

31  expended for the purpose of servicing bond indebtedness

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    Florida Senate - 2002                           CS for SB 1374
    316-1911-02




  1  incurred to finance, plan, construct, or reconstruct a public

  2  hospital in the county and for any land acquisition, land

  3  improvement, design, or engineering costs related thereto, if

  4  the county commission has determined that a currently existing

  5  public hospital would, more likely than not, otherwise cease

  6  to operate.

  7         (e)(d)  As used in For the purpose of this subsection,

  8  the term "qualified residents" means residents of the

  9  authorizing county who are:

10         1.  Qualified as indigent persons as certified by the

11  authorizing county;

12         2.  Certified by the authorizing county as meeting the

13  definition of the medically poor, defined as persons having

14  insufficient income, resources, and assets to provide the

15  needed medical care without using resources required to meet

16  basic needs for shelter, food, clothing, and personal

17  expenses; not being eligible for any other state or federal

18  program or having medical needs that are not covered by any

19  such program; or having insufficient third-party insurance

20  coverage. In all cases, the authorizing county shall serve as

21  the payor of last resort; or

22         3.  Participating in innovative, cost-effective

23  programs approved by the authorizing county.

24         (f)(e)  Moneys collected pursuant to this subsection

25  remain the property of the state and shall be distributed by

26  the Department of Revenue on a regular and periodic basis to

27  the clerk of the circuit court as ex officio custodian of the

28  funds of the authorizing county. The clerk of the circuit

29  court shall:

30         1.  Maintain the moneys in an indigent health care

31  trust fund.

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    Florida Senate - 2002                           CS for SB 1374
    316-1911-02




  1         2.  Invest any funds held on deposit in the trust fund

  2  pursuant to general law.

  3         3.  Disburse the funds, including any interest earned,

  4  to any provider of health care services, as provided in

  5  paragraphs (c) and (d), upon directive from the authorizing

  6  county.

  7         4.  Disburse the funds, including any interest accrued

  8  thereon, to service any bond indebtedness otherwise authorized

  9  in this section, upon a directive from the authorizing county,

10  which directive may be irrevocably given at the time the bond

11  indebtedness is incurred.

12         (g)(f)  Notwithstanding any other provision of this

13  section, a county may not levy local option sales surtaxes

14  authorized in this subsection and subsections (2) and (3) in

15  excess of a combined rate of 1 percent or, if a publicly

16  supported medical school is located in the county or the

17  county has a population of fewer than 30,000 residents, in

18  excess of a combined rate of 1.5 percent.

19         Section 2.  This act shall take effect October 1, 2002.

20

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                             SB 1374

23

24  This CS differs from the bill as filed in that it removes the
    option to levy the indigent care surtax by extraordinary vote
25  of the county commission.

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