House Bill hb0943e1
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                                       HB 943, First Engrossed/ntc
  1                      A bill to be entitled
  2         An act relating to the North Lake County
  3         Hospital District, Lake County; codifying
  4         special laws relating to the district;
  5         providing legislative intent; amending,
  6         codifying, reenacting, and repealing chapters
  7         95-508 and 97-332, Laws of Florida; providing
  8         district boundaries; providing definitions;
  9         providing for a board of trustees as the
10         governing body of the district; prescribing the
11         powers and duties of the board; providing for
12         compensation and meetings of the board;
13         providing a principal office of the district;
14         authorizing the board to levy an annual ad
15         valorem tax upon taxable property within the
16         district; providing for purpose of the tax;
17         providing for a method for such levy; exempting
18         property of the district for assessment;
19         prohibiting the board from transferring control
20         of the district's hospitals or facilities
21         except upon approval by referendum; providing
22         for severability; providing an effective date.
23
24  Be It Enacted by the Legislature of the State of Florida:
25
26         Section 1.  Pursuant to section 189.429, Florida
27  Statutes, this act constitutes the codification of all special
28  acts relating to the North Lake County Hospital District. It
29  is the intent of the Legislature in enacting this act to
30  provide a single comprehensive special act charter for the
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                                       HB 943, First Engrossed/ntc
  1  district, including all current authority granted to the
  2  district by its several legislative enactments.
  3         Section 2.  Chapters 95-508 and 97-332, Laws of
  4  Florida, creating the North Lake County Hospital District are
  5  amended, codified, reenacted, and repealed as provided in this
  6  act.
  7         Section 3.  The charter for the North Lake County
  8  Hospital District is re-created and reenacted to read:
  9         Section 1.  ESTABLISHMENT OF DISTRICT; BOUNDARIES.--
10         A.  All provisions contained in this act which are
11  contrary to the concurrent resolutions are deemed changed by
12  this act. This act may be cited as the "North Lake County
13  Hospital District Act."
14         B.  There is created and established as an independent
15  special taxing district of the state a hospital district in
16  Lake County to be known as the "North Lake County Hospital
17  District," which shall comprise and include the territory
18  within Lake County described as follows:
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20         Beginning at the range line dividing ranges 26
21         and 27 east at its intersection with the
22         township line separating townships 20 and 21
23         south of the Tallahassee meridian; thence north
24         on said range line to the township line
25         dividing townships 19 and 20 south; thence east
26         on said township line to the Wekiva River;
27         thence north along the thread of the said
28         Wekiva River to the St. Johns River; thence in
29         a northerly and northwesterly direction through
30         the thread of the St. Johns River to the
31         southwest shore of Lake George; thence north
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                                       HB 943, First Engrossed/ntc
  1         along the west shore of Lake George to the
  2         range line dividing ranges 26 and 27 east;
  3         thence south on said range line to the township
  4         line dividing townships 17 and 18 south; thence
  5         west on said township line to the northeast
  6         corner of section 1, township 18 south, range
  7         25 east; thence run south along the east range
  8         line for range 25 to the southeast corner of
  9         section 36, township 18 south, range 25 east;
10         thence run east along the North boundary of
11         section 6, township 19 south, range 26 east, to
12         the waters of Lake Eustis; thence southwesterly
13         along the waters of Lake Eustis to the center
14         of the mouth of Dead River; thence
15         southwesterly along the center of Dead River to
16         an extension of the west boundary of section
17         24, township 19 south, range 25 east, extended
18         south into Lake Harris; thence run
19         southwesterly across Lake Harris to the
20         intersection of the eastern boundary of section
21         12, township 20 south, range 24 east, with the
22         waters of Lake Harris; thence run southeasterly
23         and south/southeasterly along the shoreline of
24         Lake Harris and Little Lake Harris to the south
25         boundary line of section 24, township 20 south,
26         range 25 east; thence run west to the northwest
27         corner of section 27, township 20 south, range
28         25 east; thence run south to the southwest
29         corner of section 34, township 20 south, range
30         25 east; thence run east along the township
31         line separating townships 20 and 21 south, to
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                                       HB 943, First Engrossed/ntc
  1         the Tallahassee Meridian to the point of
  2         beginning (hereinafter the "Northeast
  3         Territory").
  4         and
  5         Begin at the northwest (NW) corner of section
  6         6, in township 18 south, range 24 east, and run
  7         east along the north township line of township
  8         18 south, to the northeast corner of section 1,
  9         township 18 south, range 25 east; thence run
10         south along the east range line of range 25 to
11         the southeast corner of section 36, township 18
12         south, range 25 east; thence run east along the
13         north boundary of section 6, township 29 south,
14         range 26 east, to the waters of Lake Eustis;
15         thence southwesterly along the waters of Lake
16         Eustis to the center of the mouth of Dead
17         River; thence southwesterly along the center of
18         Dead River to an extension of the west boundary
19         of section 24, township 19 south, range 25
20         east, extended south into Lake Harris; thence
21         run southwesterly across Lake Harris to the
22         point that the eastern boundary of section 12,
23         township 20 south, range 24 east intersects
24         with the waters of Lake Harris; thence run in a
25         general southeasterly direction along the
26         waters of Lake Harris to the point that the
27         southern boundary of section 24, township 20
28         south, range 25 east, and the waters of Lake
29         Harris intersect; thence run west along the
30         south boundary of sections 24, 23, and 22,
31         township 20 south, range 25 east, to the
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                                       HB 943, First Engrossed/ntc
  1         southwest (SW) corner of said section 22,
  2         township 20 south, range 25 east; thence run
  3         south along the west boundary of sections 27
  4         and 34, township 20 south, range 25 east to the
  5         southwest (SW) corner of section 34, township
  6         20 south, range 25 east; thence run west along
  7         the south line of said township 20 to western
  8         boundary of Lake County, and west boundary of
  9         range 24 east; thence north along the west
10         boundary of said range 24 to the point of
11         beginning (hereinafter the "Northwest
12         Territory").
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14         Section 2.  PURPOSE OF THE DISTRICT.--The purpose of
15  the North Lake County Hospital District as a local
16  governmental entity is to ensure continued hospital services
17  for the residents of the North Lake County Hospital District,
18  referred to in this act as the "district."
19         Section 3.  MEMBERSHIP AND ORGANIZATION OF THE
20  GOVERNING BOARD OF THE DISTRICT.--
21         A.  General.--
22         1.  The North Lake County Hospital District shall be
23  governed by a board of trustees composed of six persons to be
24  elected by the electors residing within the North Lake County
25  Hospital District in a general election. The trustees
26  currently serving on the board shall continue in their
27  capacity to the completion of their terms. The term of office
28  of each trustee shall be 4 years and a trustee may not serve
29  more than two terms for a maximum of 8 years. The term of
30  office shall expire on the date of the general election held 4
31  years after the date on which that trustee was elected. All
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                                       HB 943, First Engrossed/ntc
  1  elections for the office of trustee shall be conducted during
  2  general elections.
  3         2.  The members of the board of trustees shall serve
  4  without pay. Each member shall give a bond to the Board of
  5  County Commissioners of Lake County and its successors in
  6  office for the use and benefit of the North Lake County
  7  Hospital District for the faithful performance of his or her
  8  duties in the sum of $1,000 with a surety company qualified to
  9  do business in this state as surety, which bond shall be
10  approved and accepted by the Clerk of the Circuit Court of
11  Lake County. The premiums on such bond shall be paid by the
12  district as part of the expenses of the district.
13         3.  Four of the trustees shall constitute a quorum, and
14  a vote of at least four of the trustees is necessary for the
15  transaction of any business of the district. The board of
16  trustees may select from among its membership a chair, vice
17  chair, secretary, and treasurer. The board of trustees shall
18  cause true and accurate minutes and records to be kept of all
19  business transacted by them and shall keep full, true, and
20  complete books of account and minutes, which minutes and books
21  shall be open and subject to the inspection of the inhabitants
22  of the district at all reasonable times during normal business
23  hours. Any person desiring to do so may obtain a copy of the
24  minutes and books of account or such portions thereof as he or
25  she may desire upon payment of the costs of reproduction.
26         B.  Election of the board of trustees.--
27         1.  Registration of electors.--Any person who is a
28  resident of the North Lake County Hospital District, at least
29  18 years of age, and registered with the Supervisor of
30  Elections for Lake County is eligible to vote for the election
31  of members of the board of trustees.
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                                       HB 943, First Engrossed/ntc
  1         2.  Qualifications of candidate.--All trustees must be
  2  duly qualified electors who reside in the North Lake County
  3  Hospital District. Three trustees must reside in the Northeast
  4  Territory and three trustees must reside in the Northwest
  5  Territory.
  6         3.  Vacancies.--Vacant trustee seats shall be filled
  7  through appointment by the then-existing board of trustees;
  8  appointees shall serve until the expiration of the term for
  9  which they are appointed.
10         C.  Annual meeting.--The annual meeting shall be held
11  during the month of January of each year at such time and
12  place within the district as is determined by the board of
13  trustees. Notice of the date, time, and place of the annual
14  meeting shall be published in a daily newspaper of general
15  circulation, in a section other than the legal ad or
16  classified ad sections, in the North Lake County Hospital
17  District once per week for 2 consecutive weeks. The date of
18  the first publication of such notice must be at least 15, and
19  not more than 30, days before the annual meeting. The agenda
20  at the annual meeting of the board of trustees shall include,
21  but is not limited to:
22         1.  Call to order.
23         2.  Presentation and approval of minutes of the last
24  annual meeting and of any special meeting held since that
25  meeting.
26         3.  Financial report.
27         4.  Presentation of the annual report of the board of
28  trustees.
29         5.  Transaction of any business that may properly be
30  brought before the board.
31         6.  Election of officers of the board of trustees.
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                                       HB 943, First Engrossed/ntc
  1         D.  Special meetings.--Special meetings of the board of
  2  trustees may be called at any time by the chair or upon the
  3  written request of four members of the board of trustees.
  4  Notices of special meetings of the board of trustees shall be
  5  by publication in a newspaper of general daily circulation in
  6  the North Lake County Hospital District at least 7 days before
  7  such meeting, stating the date and place and general matters
  8  of the business to be considered.
  9         E.  Removal of members from the board of trustees.--Any
10  member of the board of trustees may be removed by the Governor
11  at any time, for cause, in which event such vacancy or
12  vacancies thereby occurring shall be filled through
13  appointment by the then-remaining board of trustees for the
14  unexpired term.
15         Section 4.  POWERS, FUNCTIONS, AND DUTIES.--
16         A. Eminent domain.--The North Lake County Hospital
17  District, through its board of trustees, has the power of
18  eminent domain.
19         B.  General Powers.--The Board of Trustees of the North
20  Lake County Hospital District has all the powers of a body
21  corporate, including the power to sue and be sued under the
22  name of the North Lake County Hospital District; to contract
23  and be contacted with; to adopt and use a common seal; and to
24  acquire, purchase, hold, lease, and convey such real and
25  personal property as the board of trustees deems proper or
26  expedient to carry out the purposes of this act.
27         C.  Ad valorem taxation.--The Board of Trustees of the
28  North Lake County Hospital District may levy an ad valorem tax
29  in the district of 1 mill on the dollar of the value of all
30  nonexempt property within that area of Lake County which
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                                       HB 943, First Engrossed/ntc
  1  comprises the North Lake County Hospital District. Such tax
  2  shall be paid into the district fund.
  3         D.  Tax proceeds to charitable foundations.--All future
  4  tax proceeds generated from within the Northeast Territory,
  5  less one-half of the amount reserved annually by the board to
  6  pay for maintenance and services for the board, shall be paid
  7  by the board of trustees to Florida Hospital Waterman
  8  Foundation, Inc., upon written request by Florida Hospital
  9  Waterman Foundation, Inc., that the funds are needed for
10  health care. All future proceeds generated from within the
11  Northwest Territory, less one-half of the amount reserved
12  annually by the board to pay for maintenance and services for
13  the board, shall be paid by the board of trustees to Leesburg
14  Regional Medical Center Charitable Foundation, Inc., upon
15  written request by Leesburg Regional Medical Center Charitable
16  Foundation, Inc., that the funds are needed for health care.
17         E.  LifeStream Behavioral Center.--Leesburg Regional
18  Medical Center Charitable Foundations, Inc., and Florida
19  Hospital Waterman Foundation, Inc., have brought to the
20  attention of the respective boards that LifeStream Behavioral
21  Center should be entitled to receive the following sums, after
22  submission of a written request by LifeStream Behavioral
23  Center certifying that the funds are needed for indigent
24  health care. The request shall be made to Florida Hospital
25  Waterman Foundation, Inc., and Leesburg Regional Medical
26  Center Charitable Foundation, Inc. Florida Hospital Waterman
27  Foundation, Inc., and Leesburg Regional Medical Center
28  Charitable Foundation, Inc., shall pay the following sums to
29  LifeStream Behavioral Center from their respective share of
30  tax funds collected and received by Florida Hospital Waterman
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                                       HB 943, First Engrossed/ntc
  1  Foundation, Inc., and Leesburg Regional Medical Center
  2  Charitable Foundation, Inc.
  3         1.  For each year after calendar year 1993, LifeStream
  4  Behavioral Center shall be paid $100,000 or 1/20 of 1 mill of
  5  the tax moneys due Florida Hospital Waterman Foundation, Inc.,
  6  from the Northeast Territory, whichever is greater, plus
  7  $100,000 or 1/20 of 1 mill of the tax moneys due Leesburg
  8  Regional Medical Charitable Foundation, Inc., from the
  9  Northwest Territory, whichever is greater. If Florida Hospital
10  Waterman Foundation, Inc., or Leesburg Regional Medical Center
11  Charitable Foundation, Inc., refuses to pay LifeStream
12  Behavioral Center the funds due under this section in any
13  given year, during the next fiscal year of the North Lake
14  County Hospital District, the Board of Trustees of the North
15  Lake County Hospital District shall directly pay LifeStream
16  Behavioral Center an amount equal to the funds withheld during
17  the previous year by the subject provider payable from funds
18  which would otherwise be payable to the subject provider.
19         2.  Notwithstanding any of the provisions of this act,
20  the obligation to pay tax revenues to LifeStream Behavioral
21  Center under this act shall permanently terminate in the year:
22         a.  When a countywide health taxing district is created
23  and funded pursuant to chapter 154, Florida Statutes, the
24  countywide health taxing district provides for reimbursement
25  on an accountability basis to medical providers for medical,
26  hospital, and emergency care, including psychiatric care
27  provided to indigent residing within the county, and the
28  countywide health taxing district actually reimburses
29  LifeStream Behavioral Center for medical services in an amount
30  greater than or equal to the tax revenues received under the
31  provisions of this act in 1 calendar year; or
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                                       HB 943, First Engrossed/ntc
  1         b.  If LifeStream Behavioral Center, for any reason,
  2  loses, relinquishes, or forfeits its accreditation as a
  3  hospital.
  4
  5  Any reimbursement for medical services paid to LifeStream
  6  Behavioral Center by any future countywide health taxing
  7  district shall be deducted from the amount of tax revenues to
  8  be paid under this act. It is the intent of this act that the
  9  tax revenues payments provided for LifeStream Behavioral
10  Center in this act be reduced by the same amount that is
11  actually paid to the hospital by the countywide taxing
12  district.
13         F.  Annual financial report.--Leesburg Regional Medical
14  Center Charitable Foundation, Inc., and its parent
15  corporation; Florida Hospital Waterman Foundation, Inc., and
16  its parent corporation; and LifeStream Behavioral Center shall
17  each file annual audited financial statements with the North
18  Lake County Hospital District.
19         G.  Collection of taxes.--It is the duty of the
20  Property Appraiser of Lake County to assess, and the Tax
21  Collector of Lake County to collect, the 1-mill tax levied by
22  the Board of Trustees of the North Lake County Hospital
23  District upon the taxable property in the district. The tax
24  collector shall collect such tax as levied by the board of
25  trustees in the same manner as other taxes are collected and
26  shall pay the same over to the Board of Trustees of the North
27  Lake County Hospital District within the time and in the
28  manner prescribed by law for the payment of the Tax Collector
29  of Lake County taxes to the county depository. It is the duty
30  of the Department of Revenue to assess all such property in
31  accordance with section 193.085, Florida Statutes. The amount
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                                       HB 943, First Engrossed/ntc
  1  of each county or state taxes and the taxes for the district
  2  shall be assessed by the officer respectively as are county
  3  taxes upon such property, and such tax shall be remitted by
  4  the collecting officer to the Board of Trustees of the North
  5  Lake County Hospital District. All such taxes shall be held by
  6  the Board of Trustees of the North Lake County Hospital
  7  District and paid out by them for purposes of this act.
  8         H.  Expenses.--The Board of Trustees of the North Lake
  9  County Hospital District may pay from the funds of the
10  district all expenses of the organization of such Board of
11  Trustees and all expenses necessarily incurred with the
12  development of the district as well as all other reasonable
13  and necessary expenses, including the fees and expenses of a
14  certified public accountant and an attorney as needed in the
15  transaction of the business of the district in carrying out
16  and accomplishing the purposes of this act. The board shall
17  include in its annual budget a reserve in an amount deemed
18  necessary by the board for its yearly expenses.
19         I.  Financial disclosure, notice, and reporting
20  requirements.--At least once every year, the Board of Trustees
21  of the North Lake County Hospital District shall make and file
22  with the Clerk of the Circuit Court of Lake County a complete
23  financial statement of all money received and distributed by
24  the board since the development of the district as to the
25  first statement so filed, and since the last statement so
26  filed as to any other year. Such statements shall also show
27  the several sources from which the funds were received and
28  shall show the balance on hand at the time of the making of
29  such statement. It shall show a complete statement of the
30  financial condition of the district. Notice of the statement
31  shall be filed with the Clerk of the Circuit Court of Lake
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                                       HB 943, First Engrossed/ntc
  1  County and published in a newspaper regularly published in
  2  Lake County, and the statement shall be made available at all
  3  reasonable times to all residents of the district for their
  4  inspection. The Board of Trustees of the North Lake County
  5  Hospital District shall comply with all financial disclosure
  6  and reporting requirements provided in general law.
  7         J.  Preparation of budget.--The Board of Trustees of
  8  the North Lake County Hospital District shall prepare an
  9  annual balanced budget in accordance with generally accepted
10  accounting practices and in the manner prescribed by section
11  218.34, Florida Statutes.
12         K.  Liens and foreclosures.--Liens and foreclosure of
13  liens resulting from failure to pay ad valorem taxation shall
14  be treated as liens and foreclosures resulting from other ad
15  valorem taxes.
16         Section 5.  ESTABLISHMENT AND DISSOLUTION OF THE
17  DISTRICT.--The North Lake County Hospital District established
18  pursuant to section 189.4042, Florida Statutes, is
19  reestablished by this act as a special district under chapter
20  189, Florida Statutes. The district may be dissolved by action
21  of the Legislature.
22         Section 6.  AMENDMENTS TO THE CHARTER.--This act may
23  not be amended except by action of the Legislature.
24         Section 7.  CONSTRUCTION OF ACT.--It is intended that
25  the provisions of this act be liberally construed for
26  accomplishing the purposes authorized and provided for by this
27  act.
28         Section 8.  COMPREHENSIVE PLANNING.--Except as may
29  otherwise be required by general law, comprehensive planning
30  is not required by this act.
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                                       HB 943, First Engrossed/ntc
  1         Section 4.  Chapters 95-508 and 97-332, Laws of
  2  Florida, are repealed.
  3         Section 5.  If any provision of this act or its
  4  application to any person or circumstance is held invalid, the
  5  invalidity does not affect other provisions or applications of
  6  the act which can be given effect without the invalid
  7  provision or application, and to this end the provisions of
  8  this act are declared severable.
  9         Section 6.  This act shall take effect upon becoming a
10  law.
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