HB 1113 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to Sarasota County; providing legislative
13	intent; amending, codifying, and reenacting all special
14	acts relating to the Sarasota County Public Hospital
15	District; providing District boundaries; providing for a
16	governing board; providing powers, functions, and duties
17	of the District and its governing board, including express
18	power to sell and exchange real estate; repealing chapters
19	26468 (1949), 27888 (1951), 31262 (1955), 57-1838, 59-
20	1839, 61-2807, 61-2855, 61-2868, 63-1893, 63-1895, 63-
21	1896, 63-1913, 65-2226, 65-2227, 65-2232, 67-2047, 69-
22	1583, 69-1593, 71-907, 83-525, 84-530, 85-501, 86-373, 87-
23	526, 88-534, 90-411, 90-422, 95-507, and 2000-400, Laws of
24	Florida, except for the provisions approved in referendum
25	on January 10, 1950, conferring ad valorem taxing
26	authority; ratifying actions of the District and the
27	governing board taken pursuant to chapter 69-1583, Laws of
28	Florida; providing severability; providing for
29	construction and effect; providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
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33	Section 1. Pursuant to section 189.429, Florida Statutes,
34	this act constitutes the codification of all special acts
35	relating to Sarasota County Public Hospital District. It is the
36	intent of the Legislature in enacting this law to provide a
37	single, comprehensive special act charter for the District
38	including all current legislative authority granted to the
39	District by its several legislative enactments, inclusive of
40	authority conferred in referenda of Sarasota County electors,
41	and any additional authority granted by this act. It is further
42	the intent of this act to preserve all District authority in
43	addition to any authority contained in general law as amended
44	from time to time.
45	Section 2. Chapters 26468 (1949), 27888 (1951), 31262
46	(1955), 57-1838, 59-1839, 61-2807, 61-2855, 61-2868, 63-1893,
47	63-1895, 63-1896, 63-1913, 65-2226, 65-2227, 65-2232, 67-2047,
48	69-1583, 69-1593, 71-907, 83-525, 84-530, 85-501, 86-373, 87-
49	526, 88-534, 90-411, 90-422, 95-507, and 2000-400, Laws of
50	Florida, are amended, codified, reenacted, and repealed as
51	herein provided.
52	Section 3. The Sarasota County Public Hospital District is
53	re-created, and the charter for such District is re-created and
54	reenacted to read:
55	Section 1. (1) The Sarasota County Public Hospital
56	District ("District”), an independent special district, is
57	hereby established with jurisdiction extending territorially
58	throughout all of Sarasota County, which territory is hereby
59	known as the Sarasota County Public Hospital District, and which
60	shall be governed by the Sarasota County Public Hospital
61	Board("Hospital Board”), as a body corporate.
62	(2) For purposes of election of Hospital Board members,
63	the Hospital Board shall create three hospital board districts
64	within the Sarasota County Public Hospital District, the
65	boundaries of which shall be within the boundaries of Sarasota
66	County, which shall be designated as northern, central, and
67	southern districts, and which shall be as nearly equal in
68	population as practicable. The Hospital Board by resolution
69	adopted from time to time, at intervals of no more than 10
70	years, shall fix the boundaries of the districts along the lines
71	of precincts as they exist at the time such boundaries are
72	fixed. A certified copy of the resolution shall be furnished by
73	the secretary of the Hospital Board to the Sarasota County
74	Supervisor of Elections at least 10 months prior to the next
75	ensuing general election following adoption of the resolution.
76	(3) The membership of the Hospital Board shall consist of
77	nine members, all of whom must be qualified electors of the
78	District. Commencing with the election of 1988, two such
79	members must reside in each of said hospital board districts.
80	All members shall be elected in a partisan election by the
81	qualified electors of the District. Two members who are
82	residents of the southern district shall be elected to district
83	seats in 1986 and every fourth year thereafter; two members who
84	are residents of the northern district shall be elected to
85	district seats in 1986 and every fourth year thereafter; one
86	member who is a resident of the central district shall be
87	elected to a district seat in 1986 and every fourth year
88	thereafter; one member who is a resident of the central district
89	shall be elected to a district seat in 1988 and every fourth
90	year thereafter; and three members shall be elected to at-large
91	seats in 1988 and every fourth year thereafter. Candidates for
92	the six district seats and the three at-large seats shall be
93	numerically or otherwise grouped for a specific seat on primary
94	or general election ballots as provided in the Florida Election
95	Code. Candidates for district seats shall be placed in
96	districts on primary and general election ballots. In any year
97	in which hospital board district seats are to be filled, the
98	hospital board district (northern, central, or southern) shall
99	be printed on the ballot beneath the name of the office. The
100	format of the ballot shall be in conformity with the Florida
101	Election Code. Four members who were elected for 4-year terms
102	in the election of November 2000 shall serve until the
103	expiration of their terms of office, and four members shall be
104	elected for 4-year terms in 2004 and each fourth year
105	thereafter. Five members who were elected for 4-year terms in
106	the election of November 2002 shall serve until the expiration
107	of their terms of office, and five members shall be elected for
108	4-year terms in 2006 and each fourth year thereafter.
109	(4) If a vacancy occurs on the Hospital Board due to a
110	member's death, resignation, removal from office for neglect of
111	duty, removal of residence from the territorial limits of the
112	county, or removal of residence from the territorial limits of
113	the district in the case of a district seat holder, the
114	remainder of the Hospital Board shall appoint a temporary member
115	to fill the vacancy until the next ensuing general election, at
116	which time a new member must be elected for the remainder of the
117	term of the member whose membership has been so vacated. To be
118	eligible for appointment to such Hospital Board, a person must
119	be a qualified elector of the territory covered by this act, and
120	if the vacancy occurs in a hospital board district seat, such
121	person must also be a resident of that district in which the
122	vacancy occurs.
123	(5) The term of office of a Hospital Board member begins
124	on the Tuesday 2 weeks following the day of general election in
125	which the member is elected. The term of office of a member's
126	immediate predecessor expires contemporaneously with the
127	commencement of the term of such newly elected member.
128	(6) Each Hospital Board member shall attend not less than
129	75 percent of the regular meetings of the Hospital Board during
130	each year of such board member's term. For purposes of this
131	subsection, the year of a board member's term commences on the
132	date, followed by the yearly anniversary of the date, upon which
133	the board member takes office. The failure of any Hospital
134	Board member to meet this attendance requirement without being
135	excused by the chair of the Hospital Board constitutes neglect
136	of duty. By resolution specifying facts sufficient to advise a
137	Hospital Board member as to the basis for his or her suspension
138	or removal and after providing the Hospital Board member with
139	reasonable notice and an informal opportunity for him or her to
140	be heard, the Hospital Board may suspend or remove from office
141	any Hospital Board member for neglect of duty. If a vacancy
142	occurs on the Hospital Board due to removal from office pursuant
143	to this subsection, the remainder of the Hospital Board shall
144	fill the vacancy in the manner set forth in subsection (4).
145	Section 2. The members of said Hospital Board shall
146	receive no salary as board members but shall be reimbursed for
147	the amount of actual expenses incurred by them in the
148	performance of their duties. Reimbursement for mileage shall
149	include mileage from members' places of residence to Hospital
150	Board facilities and return and for vicinity mileage incurred in
151	the performance of their duties and shall be computed as
152	provided in section 112.061, Florida Statutes. The travel
153	expenses, subsistence, and lodging expenses of a member may not
154	exceed those prescribed by section 112.061, Florida Statutes,
155	unless actual reasonable expenses in excess of those prescribed
156	by section 112.061, Florida Statutes, are specifically
157	authorized prior to the incurring of such expenses, by action of
158	the Hospital Board taken at a regular monthly meeting at which
159	the question of such expenses appears as a separate item on the
160	agenda.
161	Section 3. The Hospital Board shall select a meeting place
162	and a place for its principal office, and the board meetings
163	shall be held at least once a month. The Hospital Board may
164	elect one of its members to serve as secretary, one to serve as
165	assistant secretary, one to serve as treasurer, and two to serve
166	as assistant treasurers; or it may appoint persons not members
167	of the Hospital Board to serve in those capacities. There shall
168	be a chair of the board, a first vice chair, and a second vice
169	chair. The Hospital Board is authorized to establish and
170	maintain a refund account in a commercial bank of its choosing
171	and may designate the president, executive vice president, vice
172	presidents, business office manager, or controller of the
173	Hospital Board, or any of them, as the sole authorized
174	signatories for such refund account. The president appointed by
175	the Hospital Board, the chair, the first vice chair, the second
176	vice chair, the treasurer, and the assistant treasurers shall be
177	empowered to issue, without a cosignature, warrants for payment
178	of salaries and wages of employees of the Hospital Board. All
179	other vouchers and warrants shall be issued by either the
180	treasurer or assistant treasurer and shall be signed by the
181	chair, and in the event of the absence of the chair, by the
182	first vice chair, and in the event of the absence of the chair
183	and the first vice chair, by the second vice chair. The
184	Hospital Board is authorized to issue its checks, warrants, and
185	vouchers bearing facsimile signatures which are affixed by
186	check-signing machines and devices of the officers and employees
187	of the Hospital Board who are authorized to sign on its behalf.
188	Said treasurer and assistant treasurers shall give bonds, in
189	amounts to be designated by a majority vote of said Hospital
190	Board, of the faithful performance of their duties, by some
191	reputable bonding company authorized to do business in the State
192	of Florida. The said Hospital Board is authorized to pay to the
193	treasurer, assistant treasurers, secretary, and assistant
194	secretary a salary and expenses commensurate with the work done
195	and in keeping with the salary paid for like work by other
196	businesses in the community from time to time.
197	Section 4. The said Sarasota County Public Hospital Board,
198	as the governing body of the District, is hereby declared to be
199	a body corporate and it shall adopt a common seal.
200	Section 5. The duties of the secretary duly elected by
201	said Hospital Board shall be to keep full and correct minutes of
202	all proceedings and minutes of the Hospital Board. The duties
203	of the treasurer duly elected by said Hospital Board shall be to
204	keep a separate account of all expenditures and disbursements by
205	said Hospital Board and an account of all receipts.
206	Section 6. The said Hospital Board shall make and adopt
207	such bylaws, rules, and regulations for its guidance and for the
208	governance of any hospitals that may be established, as may be
209	deemed expedient for the economic and equitable conduct thereof,
210	and shall have exclusive control of the expenditures of all
211	moneys collected or paid to the secretary of the Hospital Board,
212	and shall have power to purchase a site or sites, and to
213	construct any hospital building or buildings necessary, and
214	shall have full supervision, care, and custody of all properties
215	belonging to said Sarasota County Public Hospital Board, or
216	leased to it, or set apart to it for its purposes. Said
217	Hospital Board shall also have the right to buy at a reasonable
218	price any buildings or hospitals which may be now in use and
219	suitable for the purposes of said Board.
220	Section 7. All moneys and receipts for such hospital or
221	hospitals and other health care services, if any, shall be
222	deposited in a bank or banks designated by said Hospital Board
223	and placed to the credit of said Hospital Board. Such moneys
224	may be paid out in the same manner as provided in section 3,
225	without an order from said Hospital Board, for general operating
226	expenses including, but not limited to, such categories of
227	expense as drugs, food, fuel, linens, supplies, laundry,
228	medicines, salaries, wages, utilities, and items of equipment;
229	for capital expenses for land, buildings, and equipment; and for
230	other valid corporate purposes. The Hospital Board is empowered
231	to adopt resolutions or to adopt provisions in its bylaws from
232	time to time which establish a procedure which requires the
233	approval and order of the Hospital Board for the payment of any
234	of the foregoing designated categories of expense which exceed a
235	dollar amount or which meet any other expense criteria as
236	established in such Hospital Board resolutions or bylaws. When
237	such items requiring board approval have been approved by the
238	Hospital Board in regular session and a voucher issued, a
239	warrant may be drawn for same.
240	Section 8. A majority of said Hospital Board shall
241	constitute a quorum for the transaction of its business, and
242	said Hospital Board shall be and is hereby authorized and
243	empowered:
244	(1) To appoint a suitable president, fix his or her
245	compensation, remove any such appointee, and authorize the
246	president to do all things reasonable and necessary to direct
247	the operations and activities of facilities owned or operated by
248	the Hospital Board.
249	(2) To acquire by purchase, gift, or otherwise real and
250	personal property necessary or useful for the construction,
251	operation, and maintenance of hospital buildings and other
252	buildings necessary, in the opinion of the Hospital Board, for
253	health care purposes; to sell or exchange real estate or any
254	interest in real estate; and to construct hospitals, health
255	facilities which may include outpatient health facilities and
256	medical offices, and buildings and accessories incidental
257	thereto on such real estate, and, if such construction occurs
258	within the Memorial Hospital Core as defined by the
259	Comprehensive Plan of the City of Sarasota, to do so without
260	regard to municipal and county zoning ordinances, laws, and
261	regulations.
262	(3) To adopt from time to time resolutions requesting the
263	Board of County Commissioners of Sarasota County to call
264	elections in the District for the purpose of submitting to the
265	qualified electors in the District the question of issuing bonds
266	of the District for the purpose of acquiring a site or sites,
267	the construction thereon of a hospital or hospitals and
268	buildings incidental thereto, and to improve buildings or
269	buildings and the furnishings and equipping of any such hospital
270	or hospitals and buildings. Said Hospital Board may adopt such
271	resolutions on its own initiative and shall adopt such
272	resolutions upon the filing with it of a petition signed by not
273	less than 5 percent of the qualified electors of the District
274	requesting the Hospital Board to adopt such resolutions. Upon
275	the adoption of such resolution by the Hospital Board, it shall
276	be the duty of the Board of County Commissioners of Sarasota
277	County to forthwith adopt a resolution or resolutions which
278	order an election to be held in such county and provide for the
279	date of such elections and the publication of notices thereof,
280	all in the form and manner provided by law.
281	(4) To issue negotiable coupon bonds of the District, from
282	time to time, if approved by a majority of the votes cast in an
283	election by the qualified electors of the District, bearing
284	interest at such rate or rates not exceeding 6 percent per
285	annum, maturing at such time or times not exceeding 30 years
286	from the date thereof, and redeemable at such times and at such
287	price or prices, all as said Hospital Board may determine by
288	resolution, and to sell such bonds at public or private sale and
289	for such price, not less than 95 percent of the par value
290	thereof, as said county Hospital Board may by resolution
291	determine.
292	(5) To supervise, operate, and maintain all properties
293	belonging to it.
294	(6) To enter into contracts or leases with any individual,
295	corporation, public body, board of commissioners, the State of
296	Florida, Sarasota County, or any municipality, or agency or
297	instrumentality of said state, county, or municipality, with
298	respect to the use of any of the property belonging to the
299	Hospital Board by any thereof.
300	(7) To borrow money from any person, firm, association,
301	corporation, or governmental agency necessary for the purpose of
302	purchasing property, constructing buildings, equipping the
303	hospital or hospitals or other health facilities owned or
304	operated by the Hospital Board, and maintaining said hospital or
305	hospitals or other health facilities, from time to time as may
306	be necessary in properly carrying out the spirit and purpose of
307	this act, and as evidence thereof to make, execute, and deliver
308	promissory notes or other evidences of other indebtedness; and,
309	to the extent permitted by the Florida Constitution and general
310	laws, to secure the payment of same by mortgages, liens, and
311	other kinds of security upon any property owned or held by the
312	Hospital Board.
313	(8) To certify to the Board of County Commissioners of
314	Sarasota County the amount of the principal and interest upon
315	bonds issued by the Hospital Board and falling due in which any
316	such principal or interest may be payable and the amount
317	necessary to be raised in the District for the purposes of
318	providing a fund sufficient in the opinion of the Hospital Board
319	to pay the cost of operating and maintaining properties of the
320	Hospital Board in each year. In the event bonds shall be issued
321	under the provisions of this act, it shall be the duty of the
322	Hospital Board to certify such facts in writing to the Board of
323	County Commissioners within 30 days after the delivery of such
324	bonds and on or before the expiration of each 12-month period
325	thereafter, and it shall be the duty of the Board of County
326	Commissioners to levy upon all taxable property in the District
327	and collect a tax sufficient to provide funds for the payment of
328	the principal and the interest upon such bonds as such principal
329	and the interest upon such bonds fall due and a tax, not to
330	exceed 2 mills on assessed valuation of property in the
331	District, to provide funds for the operation, maintenance, and
332	repair of and for the making of alterations and additions to any
333	hospitals established by the Hospital Board under the provisions
334	of this act. The proceeds of all such taxes shall be paid over
335	to the secretary and treasurer of the District as such taxes are
336	received.
337	(9) To certify to the Board of County Commissioners of
338	Sarasota County, on or before the 15th day of each month
339	commencing with the month of November 1959, a list of all the
340	medically indigent persons who have been hospitalized in any of
341	the hospitals which are operated by the Hospital Board during
342	the preceding month, together with the itemized charges for the
343	hospital services and care for each of said medically indigent
344	persons which have been rendered in such preceding month by the
345	said hospital. The Board of County Commissioners of Sarasota
346	County shall, within 45 days after the receipt of such certified
347	list of medically indigent patients with the hospital charges,
348	make remittance to the treasurer of the Hospital Board of the
349	sum total of the amount shown on the certified list to be the
350	amount owing to the Hospital Board for the hospital services and
351	care rendered to the medically indigent persons during the month
352	embraced in said certification.
353	The Hospital Board shall give written notice to the Welfare
354	Department of Sarasota County of the proposed admission of each
355	medically indigent person to hospitals operated by said Hospital
356	Board, prior to the actual admission of each such medically
357	indigent person, provided, however, that notice to said Welfare
358	Department prior to the admission of a medically indigent person
359	shall not be required in emergency cases.
360	The said Board of County Commissioners shall in like manner
361	reimburse any other hospital in Sarasota County, approved by the
362	State Board of Health, for hospital services rendered to
363	medically indigent persons as herein defined, upon like
364	certification by such hospital and at such rates as shall not
365	exceed those prescribed for such patients by hospitals owned and
366	operated by said Hospital Board.
367	The term "medically indigent person," as used in this act,
368	shall be deemed to mean an inhabitant of Sarasota County who is
369	ill or injured and who requires treatment in a hospital as
370	prescribed and ordered by a physician and who is unable to
371	provide himself or herself with such necessary hospital
372	services.
373	(10) To expend hospital funds and withhold employees'
374	wages in order to make payment (including any amount paid for
375	insurance and annuities, or into a fund, to provide for any such
376	payment) to or on behalf of an employee of the Hospital Board or
377	any of his or her dependents under any plan or system
378	established by the Hospital Board, when such payment is on
379	account of (a) retirement; (b) sickness or accident
380	disability;(c) medical or hospitalization expenses in connection
381	with sickness or accident disability; or (d) death.
382	(11) To expend funds and provide facilities and personnel
383	to conduct formal and informal courses of instruction,
384	demonstration, and education through hospitals under its
385	jurisdiction relating to hospital procedures, services, and care
386	and the operation and care of apparatus and equipment utilized
387	in connection with usual hospital functions, and to authorize
388	the participation in such courses with private or other
389	governmental agencies; and to award scholarship grants and make
390	scholarship loans to qualified students of nursing, X-ray
391	technology, and other hospital-related fields of study in
392	consideration for the promises of such students to enter the
393	employment of said Hospital Board and to meet other conditions
394	and requirements to be established by said Hospital Board from
395	time to time.
396	(12) To provide hospital and other health care services
397	within the confines of facilities which are owned or operated by
398	the Board. Additionally, the Hospital Board is authorized to
399	provide hospital and other health care services within the
400	boundaries of the Hospital District but outside of facilities
401	which are owned or operated by the Board, provided that the
402	Hospital Board shall adopt a resolution or resolutions from time
403	to time defining the type and scope of hospital and other health
404	care services which the Hospital Board employees, agents, and
405	staff are authorized to render outside of the facilities of the
406	Board.
407	(13) To participate, to the extent permitted by the
408	constitution and laws of this state, as a shareholder in a
409	corporation, as a joint venturer in a joint venture, as a
410	partner in a limited partnership or a general partnership, or as
411	a member of any other lawful form of business organization which
412	provides health care or engages in activities related thereto;
413	to make or arrange for loans, contributions to capital, and
414	other debt and equity financing for the activities of such
415	corporations, joint ventures, partnerships, or other lawful
416	forms of business organization and to guarantee loans for such
417	purposes; to elect the boards of directors of its not-for-profit
418	corporations; and to utilize, for any lawful purpose, assets and
419	resources of the Hospital Board to the extent not needed for
420	health care and related activities.
421	(14) To establish a fund out of hospital revenues other
422	than those revenues derived from ad valorem taxation to promote
423	the activities of the facilities owned or operated by the
424	Hospital Board. The term "promote," as used in this subsection,
425	shall be defined in its broadest sense to include, but not be
426	limited to, advertising, the extension of hospitality or
427	entertainment, the use of news media, and the employment of
428	public relations methods. Expenditures from the fund shall be
429	limited to those determined by the Hospital Board to be
430	reasonable and necessary to encourage and develop support for
431	the facilities owned and operated by the Hospital Board. The
432	Hospital Board may adopt rules for the effective implementation
433	of this subsection.
434	(15) To compromise and settle any accounts receivable or
435	other claim for money due and owing to the hospital by persons
436	unable to pay on demand according to such terms and conditions
437	as the Hospital Board in its discretion may determine. The
438	Hospital Board is further authorized and empowered to sell,
439	assign, or convey to any person, financial institution, or
440	organization the right, title, and interest in any account
441	receivable or judgment owned by the Hospital Board by full or
442	partial payment of such account or judgments as the Hospital
443	Board in its discretion may determine.
444	(16) To establish, own, provide, or participate in health
445	maintenance organizations, in preferred provider organizations,
446	in food services, and in other health-care-related activities
447	using assets and resources of the Hospital Board to the extent
448	not needed for health care. Any of such activities may be
449	carried out by the Hospital Board through any of its forms of
450	organization authorized under this act.
451	(17) To the extent permitted by the constitution and laws
452	of this state, to establish, operate, or support subsidiaries
453	and affiliates, either for profit or not for profit, to assist
454	the Hospital Board in fulfilling its declared public purpose of
455	provision for the health care needs of the people of the
456	District; to establish or support nonaffiliated, not-for-profit
457	corporations which operate primarily within the District and
458	which have as their purposes the furtherance of the Hospital
459	Board's provision for the health care needs of the people of the
460	District; and to accomplish such establishment, operation, or
461	support of any such subsidiary, affiliate, or nonaffiliated,
462	not-for-profit corporation by means of loans of funds either
463	interest free or at low interest, leases of real or personal
464	property either rent free or for low rental, gifts and grants of
465	funds, or guarantees of indebtedness of such subsidiaries,
466	affiliates, and nonaffiliated, not-for-profit corporations. The
467	establishment, operation, or support of a subsidiary or
468	affiliate corporation or nonaffiliated, not-for-profit
469	corporation is hereby found and declared to be a public purpose
470	and necessary for the preservation of the public health and for
471	a public use and for the welfare of the Hospital Board and
472	inhabitants of the District. It is the intent of the
473	Legislature to authorize the formation of the entities described
474	in this section to further the interests of the residents of
475	Sarasota County in maintaining the financial well-being of
476	Memorial Hospital of Sarasota by providing, directly or
477	indirectly, for the delivery, financing, and support of hospital
478	and nonhospital health care services and related activities to
479	the extent consistent with the financial, patient acquisition,
480	and development needs of Memorial Hospital of Sarasota.
481	(18) In addition to any investment authorized by general
482	law, and to the extent permitted by the constitution of this
483	state, to invest any funds in its control or possession in the
484	following:
485	(a) Bankers' acceptances which are drawn upon and accepted
486	by a commercial bank which is a member bank of the Federal
487	Reserve System maintaining capital accounts in excess of 7.5
488	percent of total assets, and which member bank or its holding
489	company carries a credit rating in one of the two highest
490	alphabetical categories from at least two nationally recognized
491	debt rating agencies.
492	(b) Commercial paper of prime quality rated by at least
493	two nationally recognized debt rating agencies in the highest
494	letter and numerical rating of each agency. If not so rated,
495	such prime quality commercial paper may be purchased if secured
496	by a letter of credit provided by a commercial bank, which bank
497	or its holding company carries a credit rating in one of the two
498	highest alphabetical categories from at least two nationally
499	recognized debt rating agencies.
500	(c) Interest-bearing bonds, debentures, and other such
501	evidence of indebtedness with a fixed maturity of any domestic
502	corporation within the United States which is listed on any one
503	or more of the recognized national stock exchanges in the United
504	States and conforms with the periodic reporting requirements
505	under the Securities Exchange Act of 1934. Such obligation
506	shall either carry ratings in one of the two highest
507	classifications of at least two nationally recognized debt
508	rating agencies or be secured by a letter of credit provided by
509	a commercial bank, which bank or its holding company carries a
510	credit rating in one of the two highest alphabetical categories
511	from at least two nationally recognized debt rating agencies.
512	(d) Negotiable direct obligations of, or obligations the
513	principal and interest of which are unconditionally guaranteed
514	by, the United States Government at the then prevailing market
515	price for such securities; and obligations of the Federal Farm
516	Credit Banks, Federal Home Loan Mortgage Corporation, or Federal
517	Home Loan Bank or its district banks, including Federal Home
518	Loan Mortgage Corporation participation certificates, or
519	obligations guaranteed by the Government National Mortgage
520	Association, or obligations of such Federal Agencies and
521	Government Sponsored Enterprises which are qualified for
522	purchase under paragraph (f); which are purchased and sold under
523	repurchase agreements and reverse repurchase agreements.
524	Repurchase agreements and reverse repurchase agreements may be
525	entered into only with a member bank of the Federal Reserve
526	System or primary dealer in U.S. Government Securities, which
527	member bank or primary dealer must have $100 million in capital.
528	Securities purchased or repurchased by the Hospital Board shall
529	be delivered to the Hospital Board or its agent versus payment.
530	(e) Purchase of options so as to engage in bona fide
531	hedging activities for the purpose of protecting the asset value
532	of the underlying portfolio, provided the instruments for such
533	purpose are traded on a securities exchange or board of trade
534	regulated by the Securities Exchange Commission or the Commodity
535	Futures Trading Commission.
536	(f) Negotiable direct obligations of Federal Agencies or
537	Government Sponsored Enterprises(GSE) which meet each of the
538	following criteria:
539	1. An agency or GSE with at least $10 billion in
540	outstanding debt.
541	2. A rating of at least an AA by a nationally recognized
542	securities rating agency.
543	3. A selling group of at least three nationally recognized
544	securities dealers.
545	4. Chartered by or pursuant to an Act of Congress.
546	5. Bonds issued under authority of, or pursuant to, an Act
547	of Congress.
548	6. Accepted as security for fiduciary, trust, and public
549	funds under control of the United States Government.
550	7. Eligible as collateral for Federal Reserve Bank
551	discount window transactions.
552	8. Eligible as collateral for Treasury Tax and Loan
553	accounts.
554	9. Eligible for National Bank purchase without regard to
555	statutory limitations and restrictions generally applicable to
556	investment securities.
557	10. Authority to borrow from the United States Treasury.
558	(19) In addition to other power and authority conferred by
559	this act or by general law, the Hospital Board is vested with
560	the following powers for issuance of revenue bonds of the
561	District:
562	(a) The Hospital Board is hereby authorized to provide by
563	resolution at one time or from time to time for the issuance of
564	revenue bonds of the District for the purpose of paying all or a
565	part of the cost of acquisition, construction, planning,
566	leasing, repairing, extensions to, additions, equipping, and
567	reconstruction of any hospital buildings and facilities of the
568	District. The bonds of each issue shall be dated, shall bear
569	interest at such rate or rates not exceeding 7 percent per
570	annum, shall mature at such time or times, not exceeding 40
571	years from their date or dates, as may be determined by the
572	Hospital Board, and may be made redeemable before maturity, at
573	the option of the Hospital Board, at such price or prices and
574	under such terms and conditions as may be fixed by the Hospital
575	Board prior to the issuance of the bonds. The Hospital Board
576	shall determine the form of the bonds, including any interest
577	coupons to be attached thereto, and the manner of execution of
578	the bonds and coupons, and shall fix the denominations of the
579	bonds and the place or places of payment of principal and
580	interest, which may be at any bank or trust company within or
581	without the state. In case any officer whose signature or a
582	facsimile of whose signature shall appear on any bonds or
583	coupons shall cease to be such officer before the delivery of
584	such bonds, such signature or such facsimile shall nevertheless
585	be valid and sufficient for all purposes the same as if he or
586	she had remained in office until such delivery. All bonds
587	issued under the provisions of this act shall have and are
588	hereby declared to have all the qualities and incidents of
589	negotiable instruments under the negotiable instruments laws of
590	the state. The bonds may be issued in coupon or in registered
591	form, or both, as the Hospital Board may determine, and
592	provisions may be made for the registration of any coupon bonds
593	as to the principal alone and also as to both principal and
594	interest, and for the reconversion into coupon bonds of any
595	bonds registered as to both principal and interest. The issuance
596	of such bonds shall not be subject to any limitations or
597	conditions contained in any other law, and the Hospital Board
598	may sell bonds in such manner at public or private sale and for
599	such price as it may determine to be for the best interest of
600	the Hospital Board, but no such sale shall be made at a price so
601	low as to require the payment of interest on the money received
602	therefor at more than 7 percent per annum, computed with
603	relation to the absolute maturity of the bonds in accordance
604	with standard tables of bond values, excluding, however, from
605	such computations the amount of any premium to be paid on
606	redemption of any bonds prior to maturity. Prior to the
607	preparation of definitive bonds, the Hospital Board may, under
608	like restrictions, issue interim receipts or temporary bonds
609	with or without coupons, exchangeable for definitive bonds when
610	such bonds have been executed and are available for delivery.
611	The Hospital Board may also provide for the replacement of any
612	bonds which shall be mutilated, destroyed, or lost.
613	(b) Bonds may be issued under the provisions of this act
614	without obtaining the consent of any commission, board, bureau,
615	or agency of the state or county and without any other
616	proceedings or the happening of any other condition or thing
617	than those proceedings, conditions, or things which are
618	specifically required by this act.
619	(c) No approval of the issuance of the revenue bonds
620	herein authorized at an election of the freeholders who are
621	qualified electors residing in the District shall be necessary
622	unless such election is required by the Constitution of the
623	State of Florida; then, and only in such event, such election
624	shall be called, noticed, and conducted and the results thereof
625	determined and declared as may be required by the general laws
626	of the state.
627	(d) The proceeds of the bonds shall be used solely for the
628	payment of the cost of the hospital facilities for which such
629	bonds shall have been authorized and shall be disbursed in the
630	manner provided in the resolution or in the trust agreement
631	authorizing the issuance of such bonds. If the proceeds of the
632	bonds of any issue shall exceed the amount required for the
633	purpose for which the same shall have been issued, the surplus
634	shall be set aside and used only for the payment of the cost of
635	additional hospital facilities or shall be deposited in the
636	sinking fund for such bonds. In the event that the actual cost
637	of the hospital facilities exceeds the estimated cost, the
638	Hospital Board may issue additional bonds to cover the
639	deficiency, subject to the same restrictions as required for the
640	original issue.
641	(e) The Hospital Board is authorized and empowered to fix,
642	charge, and collect rates, fees, and charges for the use of and
643	for the services furnished or to be furnished by any hospital
644	facilities under the supervision, operation, and control of the
645	Hospital Board in amounts sufficient, with any other funds
646	legally available therefor, first to pay the principal of and
647	the interest on any revenue bonds issued under the provisions of
648	this act, including reserves therefor, and second to pay the
649	cost of operating and maintaining such hospital facilities.
650	(f) Revenue bonds issued under the provisions of this act
651	may be payable from the revenues derived from the operation of
652	any hospital facility or combination of hospital facilities of
653	the District under the supervision, operation, and control of
654	the Hospital Board and from any other funds legally available
655	therefor. The issuance of such revenue bonds shall not
656	directly, indirectly, or contingently obligate the state,
657	Sarasota County, the Hospital Board, or the District to levy any
658	ad valorem taxes or to make any appropriations for their payment
659	or for the operation and maintenance of the hospital facilities
660	of the District.
661	(g) The Hospital Board shall not convey or mortgage any
662	hospital facility or any part thereof as security for the
663	payment of the revenue bonds.
664	(h) In the discretion of the Hospital Board, each or any
665	issue of such revenue bonds may be secured by a trust agreement
666	by and between the Hospital Board and a corporate trustee, which
667	may be any trust company or bank having the powers of a trust
668	company within or without the state. Such trust agreement may
669	pledge or assign the revenues to be received by the Hospital
670	Board. The resolution providing for the issuance of revenue
671	bonds or such trust agreement may contain such provisions for
672	protecting and enforcing the rights and remedies of the
673	bondholders as may be reasonable, proper, and not in violation
674	of law, including covenants setting forth the duties of the
675	Hospital Board in relation to the acquisition, construction,
676	improvement, maintenance, operation, repair, equipping, and
677	insurance of the hospital facilities, and the custody,
678	safeguarding, and application of all moneys. It shall be lawful
679	for any bank or trust company incorporated under the laws of
680	this state to act as such depository and to furnish such
681	indemnifying bonds or to pledge such securities as may be
682	required by the Hospital Board. Such resolution or such trust
683	agreement may restrict the individual right of action by
684	bondholders as is customary in trust agreements securing similar
685	securities. In addition to the foregoing, such resolution or
686	such trust agreement may contain such other provisions as the
687	Hospital Board may deem reasonable and proper for the security
688	of the bondholders. Except as in this act otherwise provided,
689	the Hospital Board may provide, by resolution or by trust
690	agreement, for the payment of the proceeds of the sale of the
691	revenue bonds and the revenues of the facilities to such
692	officer, board, or depository as it may determine for the
693	custody thereof, and for the method of disbursement thereof,
694	with such safeguards and restrictions as it may determine. All
695	expenses incurred in carrying out such trust agreement may be
696	treated as a part of the cost of operation of the facilities
697	affected by such trust agreement.
698	(i) The resolution or trust agreement providing for the
699	issuance of the revenue bonds may also contain such limitations
700	upon the issuance of additional revenue bonds as the Hospital
701	Board may deem proper, and such additional bonds shall be issued
702	under such restrictions or limitations as may be prescribed by
703	such resolution or trust agreement.
704	(j) The Hospital Board is hereby authorized to provide by
705	resolution for the issuance of refunding revenue bonds for the
706	purpose of refunding any revenue bonds, respectively, then
707	outstanding and issued under the provisions of this act. The
708	Hospital Board is further authorized to provide by resolution
709	for the issuance of revenue bonds for the combined purpose of
710	paying the cost of any acquisition, construction, planning,
711	leasing, extension to, addition, improving, equipping, or
712	reconstruction of a facility or facilities of the District and
713	refunding revenue bonds of the District which shall theretofore
714	have been issued under the provisions of this act and shall then
715	be outstanding. The issuance of such bonds, the maturities and
716	other details thereof, the right and remedies of the holders
717	thereof, and the rights, powers, privileges, duties, and
718	obligations of the District with respect to the same shall be
719	governed by the foregoing provisions of this act insofar as the
720	same may be applicable.
721	Section 9. If the Hospital Board and the owners of the
722	property desired by said Hospital Board for hospital purposes
723	cannot agree as to the price to be paid therefor, said Hospital
724	Board is empowered to bring condemnation proceedings against
725	said property for the purpose of condemning said property for
726	public hospital purposes, and said Hospital Board is hereby
727	authorized and empowered to employ an attorney or attorneys to
728	prosecute said condemnation proceedings. The said Hospital
729	Board is hereby given and granted the same powers as the
730	counties of this state so far as condemnation of property is
731	concerned and the same procedure shall be followed. The right
732	of eminent domain hereby granted shall be exercised in
733	accordance with the provisions of chapter 74, Florida Statutes,
734	in the same manner as therein provided for the acquiring of
735	right-of-way for the state highway system and to take title to
736	lands in fee simple absolute or such lesser estate as may be
737	specified in the declaration of taking, upon the deposit of such
738	sum as the court shall determine will fully secure and fully
739	compensate the persons lawfully entitled to compensation.
740	Section 10. Any hospital established under this act shall
741	be for the benefit of the inhabitants of said territory, but
742	said hospital may extend the privileges and use of said hospital
743	for persons residing outside of said District, upon such terms
744	and conditions as the Hospital Board may from time to time by
745	its rules and regulations prescribe. Every such person or
746	inhabitant who is not a pauper shall pay said Hospital Board a
747	reasonable compensation for occupancy, nursing, care, medicine,
748	and attendance according to the rules and regulations prescribed
749	by said Hospital Board. Each municipal corporation situated
750	within the District shall be liable to said Hospital Board for
751	occupancy, nursing, care, medicine, and attendance for prisoners
752	in the custody of any such municipal corporation who are
753	admitted to any hospital operated by said Hospital Board. Said
754	hospital always shall be subject to such rules as such Hospital
755	Board may adopt from time to time in order for said hospital to
756	render the greatest benefit to the greatest number, and said
757	Hospital Board may exclude from treatment and care any indigent
758	or paying case having a communicable or contagious disease when
759	such disease may be a detriment to the best interests of such
760	hospital or a source of contagion or infection to the patients
761	in its care, unless a separate building or ward has been
762	established for the special treatment and care of patients
763	having communicable or contagious diseases and it can properly
764	and with safety to the other patients retain such communicable
765	cases in such separate building or ward.
766	Section 11. When such hospital or hospitals are
767	established, the physicians, nurses, attendants, the persons
768	sick therein, and all other persons approaching or coming within
769	the limits of same, and all furniture or other articles used or
770	brought there, shall be subject to such rules and regulations as
771	said Hospital Board may prescribe.
772	Section 12. The Hospital Board shall organize a staff of
773	physicians and dentists, and the Hospital Board is authorized to
774	give, grant, or revoke staff membership and privileges of the
775	medical staff members for practice in the hospital or hospitals
776	maintained under this act so that the welfare and health of
777	patients and the best interests of the hospital may, at all
778	times, be best served. Membership on the medical staff of the
779	hospital or hospitals owned by the Hospital Board shall be
780	restricted to persons with the following qualifications:
781	(1) Graduates of:
782	(a) Recognized medical schools approved and accredited by
783	the American Medical Association;
784	(b) Recognized dental schools approved and accredited by
785	the American Dental Association;
786	(c) An accredited college of osteopathy who have
787	successfully completed an internship or residency for at least 1
788	academic year of supervised clinical training in a hospital
789	affiliated with a medical school approved by the Council of
790	Medical Education of the American Medical Association, or who
791	have successfully completed any equivalent program established
792	by or relating to the American Osteopathic Association; or
793	(d) A foreign medical school who meet the qualifications
794	for licensure prescribed by section 458.311 or section 458.313,
795	Florida Statutes; and
796	(2) Who are legally licensed to practice medicine,
797	osteopathy, or dentistry in the State of Florida and who are
798	qualified for membership in the Sarasota County Medical Society
799	or the Sarasota County Dental Society, and who are regularly
800	practicing physicians or dentists in the territory in which that
801	hospital or hospitals are located, and who are competent to
802	perform the work required of physicians or dentists with similar
803	privileges on the hospital staff.
804	The term "physician," as used herein, includes only
805	physicians licensed to practice medicine under the Florida
806	Medical Practice Act, chapter 458, Florida Statutes, and
807	physicians licensed to practice osteopathic medicine under
808	chapter 459, Florida Statutes.
809	Medical staff membership or professional privileges shall
810	not be denied to any applicant solely because the applicant is
811	licensed as a doctor of medicine under chapter 458, Florida
812	Statutes, as a doctor of osteopathy under chapter 459, Florida
813	Statutes, nor shall professional privileges be denied to an
814	applicant solely because the applicant is licensed as a doctor
815	of podiatry under chapter 461, Florida Statutes.
816	Any patient shall have the right to employ at his or her
817	expense his or her own physician or dentist, provided such
818	physician or dentist shall have been accorded privileges in the
819	hospital. A physician or dentist, when employed by the patient,
820	shall have exclusive charge of the care and treatment of such
821	patient, subject always to such general rules and regulations as
822	shall be established by the Hospital Board under the provisions
823	of this act. It shall be the duty of the medical staff to
824	organize in the manner prescribed by the said Hospital Board.
825	The Hospital Board is further authorized and empowered to
826	set up rules and regulations for the control of all professional
827	and nonprofessional employees of the hospital, which terms shall
828	include nurses on general duty or on private duty attending
829	patients, and all parties in the hospital, either as employees
830	or in any manner in attendance of patients.
831	Section 13. The millage necessary for the maintenance of
832	said Hospital District shall not exceed a maximum of 2 mills per
833	annum. The millage necessary to pay the interest and provide a
834	sinking fund on bonded indebtedness shall be levied separately
835	from the millage necessary for maintenance of the hospital or
836	hospitals to be constructed or purchased under the provisions of
837	this act, and the Board of County Commissioners of Sarasota
838	County shall make said levy pursuant to the provisions of
839	section 14 of this act.
840	Section 14. (1) The County Property Appraiser of Sarasota
841	County, immediately after said Hospital Board shall have been
842	appointed, shall report in writing to said Hospital Board the
843	assessed valuation on all taxable property within the limits of
844	said District as assessed valuation for taxation by said
845	Hospital Board, and said report shall be made by said Property
846	Appraiser each year thereafter immediately after the tax
847	assessment of said District for that year shall have been
848	reviewed and equalized by the Board of County Commissioners of
849	Sarasota County. Said Hospital Board shall present each year,
850	determined by resolution, the total amount to be raised by
851	taxation upon said taxable property located within said hospital
852	district for such year. The amount necessary to pay the
853	interest for sinking fund or bonded or other secured
854	indebtedness, and the amount necessary for the operation,
855	maintenance, repair, alteration, and addition, shall be stated
856	separately. Said Hospital Board shall thereupon determine the
857	rate of taxation which, when levied upon the assessed valuations
858	of all taxable property within said District, will raise the
859	sums of money theretofore determined by resolutions, as the
860	total amount to be raised for such year by taxation, and shall
861	by resolution levy and fix the rate of taxation on all property
862	in said District, the rate to be levied for operation,
863	maintenance, repair, alteration, and addition to be fixed
864	separately, and the rate for such operation, maintenance,
865	repair, alteration, and addition not to exceed 2 mills per
866	annum.
867	A certified copy of said Tax Resolution, executed by the
868	chair of said Hospital Board and attested by the secretary of
869	said Hospital Board, under its corporate seal, shall be made and
870	delivered to the Board of County Commissioners of Sarasota
871	County on or before August 1 of each year, or within 15 days
872	after receipt of the tax assessment roll from the County
873	Property Appraiser. It shall be the mandatory duty of said
874	Board of County Commissioners of Sarasota County to order and
875	direct the County Property Appraiser of Sarasota County to
876	assess and levy, and to order and direct the County Tax
877	Collector of said county to collect, the tax at the rate fixed
878	and determined by said resolution of the said Hospital Board,
879	upon all taxable property located within said District, and the
880	said levies and assessments shall be included in the tax roll
881	and warrant of said Property Appraiser of said county for each
882	fiscal year thereafter. The said Tax Collector shall collect
883	said taxes in the same manner and at the same time as state and
884	county taxes are collected and shall pay and remit the same upon
885	the collection thereof to the said Hospital Board.
886	(2) In the event the millage authorized herein be reduced
887	in the year of a revaluation as provided in section 193.03,
888	Florida Statutes, 1965, then in each and every year thereafter
889	the millage to be levied may be increased (a) by not more than
890	10 percent of what it was in the preceding year, or (b) by no
891	more than that which is required for a 10-percent increase in
892	the amount which was yielded by millage levied for such Hospital
893	District in the year immediately preceding such revaluation,
894	whichever is greater, provided that nothing herein shall be
895	construed to alter the 2-mill limitation imposed by section 13
896	hereof.
897	Section 15. The Hospital Board shall have power to
898	determine whether or not persons presented to said public
899	hospital for treatment are subject to charity and shall fix
900	charges for occupancy, nursing, care, medicine, and attendance,
901	other than medical or surgical attendance, for these persons
902	able to pay for same, as the Hospital Board may deem just and
903	proper, and all receipts therefor shall be deposited to the
904	credit of the Hospital Board.
905	Section 16. Any person or persons, firms, organizations,
906	corporations, or societies desiring to make donations of money,
907	personal property, or real estate for the benefit of any
908	hospital or hospitals erected under this act shall have the
909	right to vest title of the money, personal property, or real
910	estate so donated in said Hospital Board, to be controlled when
911	accepted by said Hospital Board, according to the terms of the
912	bequests, devises, or gifts pertaining to such property.
913	Section 17. The Hospital Board shall have the right to
914	operate or participate in a nonprofit hospital service plan
915	whereby hospital care may be furnished by the said corporation
916	or by any hospital or hospitals established by said Hospital
917	Board, and said Hospital Board may agree with the subscribers to
918	certain hospital care, and said Hospital Board and those persons
919	with whom it deals on the nonprofit hospital service plan shall
920	be exempt from provisions of the insurance laws of the State of
921	Florida pertaining to insurance which may in any way conflict
922	with the hospital service plan of said Hospital Board. When a
923	contract for hospital service has been executed, the Hospital
924	Board shall be required to render the service set forth in said
925	contract and the other party to the contract shall be required
926	to fully comply with his or her parts of said agreement.
927	Section 18. The purposes for which any hospital created
928	under the provisions of this act shall be used are hereby
929	declared to be for public purposes.
930	Section 19. The term "mill," as used in subsection (8) of
931	section 8 of this act and as used in sections 13 and 14 of
932	chapter 26468 (1949), Laws of Florida, as amended, shall be
933	deemed to mean 1/10th part of a cent, and that the application
934	of the rate of 1 mill to each $1,000 of assessed valuation of
935	property shall yield $1.
936	Section 20. The Hospital Board shall be empowered to
937	destroy any of its records together with any of the records of
938	the hospital or hospitals owned and operated by the Hospital
939	Board, provided that such records are photographed or
940	microfilmed prior to their destruction.
941	Section 21. Sarasota County Public Hospital Board is
942	authorized to construct, maintain, operate, and lease parking
943	facilities for hospital agents, employees, patients, staff
944	members, patient guests, business invitees, and the visiting
945	public in conjunction with hospitals which are under the
946	jurisdiction of the Hospital Board upon real property which is
947	presently owned or which may be subsequently acquired by the
948	Hospital Board. The Hospital Board may enter into lease or
949	franchise agreements with private persons or corporations as
950	tenants or operators of such facilities upon such terms and for
951	such periods of time as the Board may deem appropriate. The
952	Hospital Board shall hold a public hearing, after the
953	publication of a notice of such meeting in a newspaper of
954	general circulation in Sarasota County at least one time no less
955	than 10 nor more than 25 days prior to such hearing: (1) to
956	consider the establishment of rates or fees, if any, which shall
957	be charged to motorists who utilize any such hospital parking
958	facility and (2) to consider any subsequent revisions therein
959	which increase the rates or fees which shall be charged to
960	motorists who utilize the hospital parking facility. The
961	Hospital Board is authorized to pledge the income and revenues
962	derived from such leases and franchise agreements as security
963	for the repayment of loans extended to the Hospital Board as the
964	Hospital Board may deem necessary or desirable from time to
965	time. All real property used for such hospital purposes, either
966	by the Hospital Board or by its licensees and franchisees, shall
967	be exempt from ad valorem taxes of Sarasota County and of any
968	municipality in which such real estate may be located.
969	Section 22. The Tax Collector of Sarasota County shall
970	issue a special beverage license authorizing the Hospital Board
971	to sell intoxicating beverages for medicinal purposes only in
972	quantities not in excess of 2 ounces per sale, provided such
973	sales are made only to inpatients of any hospital operated by
974	the Hospital Board and only upon the prescription of a duly
975	licensed physician. The special license shall authorize the
976	Hospital Board to purchase alcoholic beverages from any duly
977	licensed manufacturer or distributor of alcoholic beverages as
978	defined in chapter 561, Florida Statutes, and all such
979	manufacturers and distributors have authority to sell alcoholic
980	beverages to the Hospital Board for resale within the
981	limitations of its special license. The Hospital shall be
982	exempt from the payment of a fee for the special license, which
983	shall be renewed annually by filing with the Tax Collector a
984	resolution by the Hospital Board requesting the renewal of the
985	license.
986	Section 23. Every individual, partnership, firm,
987	association, corporation, institution, governmental district, or
988	other governmental unit, and every combination of any of the
989	foregoing, operating a hospital or hospitals in the County of
990	Sarasota shall be entitled to and is hereby given a lien as
991	herein provided for all reasonable charges for hospital care,
992	treatment, and maintenance of ill or injured persons and the
993	charges for test, laboratory work, X rays, drugs, and other
994	items incident to such care and treatment supplied by or charged
995	to the hospital for the benefit of such ill or injured persons,
996	the total or unpaid part of which is hereafter called hospital
997	bill, which lien shall be and is hereby declared upon all causes
998	of action, suits, claims, counterclaims, and demands accruing to
999	the person or persons to or for whom such care, treatment, or
1000	maintenance is furnished, or accruing to the legal
1001	representatives of such persons or to the person or persons
1002	incurring or liable for the hospital bill, and such lien is also
1003	hereby given upon the amounts due or payable under
1004	hospitalization insurance, hospital or medical expenses due and
1005	payable under public liability policies, or other indemnity, and
1006	upon all judgments, settlements, and settlement agreements and
1007	the sums payable thereunder rendered or entered into by virtue
1008	thereof, on account of illness or injuries giving rise to such
1009	causes of action, suits, claims, counterclaims, demands,
1010	judgments, settlements, or settlement agreements and which
1011	necessitated or shall have necessitated or have directly
1012	contributed to the necessity for such hospital care, treatment,
1013	and maintenance, and upon proceeds of such insurance or
1014	indemnity agreements as above specified, whether the illness or
1015	injury be the result of tort or otherwise. The term "hospital
1016	care," as used in this section, shall be broadly construed to
1017	include all hospital and nonhospital health care services and
1018	related activities which are rendered through any hospital or
1019	other health care facility owned or operated by the Hospital
1020	Board or its subsidiaries or affiliates or nonaffiliated, not-
1021	for-profit corporations.
1022	(1) In order to perfect such lien, an executive officer,
1023	controller, or agent of a hospital, before or within 30 days
1024	after such person shall have been discharged from such hospital,
1025	shall file in the office of the Clerk of the Circuit Court of
1026	Sarasota County a verified claim in writing setting forth the
1027	following: (a) the name and address of such patient, as it
1028	shall appear on the records of such hospital, and if the patient
1029	is a minor, it shall contain the name of the parents or guardian
1030	of such minor patient,(b) the name and location of such
1031	hospital, (c) the dates of admission to and discharge of such
1032	patient therefrom, (d) the amount claimed to be due for such
1033	hospital care, treatment, and maintenance, and (e) to the best
1034	knowledge of the person signing such claim, the names and
1035	addresses, if the same be known, of all persons, firms, or
1036	corporations claimed by such ill or injured person or his or her
1037	legal representative to be liable on hospital or other indemnity
1038	insurance if known to claimant; such claimant shall also, within
1039	1 day after the filing of such claim of lien, mail a copy
1040	thereof by registered or certified mail with return receipt
1041	requested, postage prepaid, to each person, firm, or corporation
1042	so claimed to be liable on account of such illness or injuries
1043	at the address so given in such statement filed by the hospital
1044	claimant. The filing of such claim shall constitute notice
1045	thereof to all persons, firms, or corporations who may be liable
1046	on account of such illness or injuries, whether or not they are
1047	named in such claim, and whether or not a copy of such claim
1048	shall have been received by them. Such statement shall not
1049	constitute a lien upon anything other than causes of action,
1050	suits, claims, counterclaims, demands, and insurance and
1051	indemnity proceeds specified in this section, and this is not a
1052	general lien upon the property of the persons named in such
1053	statement.
1054	(2) The clerk of the circuit court shall endorse on each
1055	such claim the date and hour of filing in the official records
1056	of Sarasota County or may provide a hospital lien book with
1057	proper index in which he or she shall record such claims, and
1058	shall show therein the date and hour of such filing. The clerk
1059	shall be paid by the claimant, as his or her fee for filing and
1060	recording of each claim, the same amount he or she is authorized
1061	to charge for recording mortgages.
1062	(3) The clerk shall record any satisfaction which is
1063	executed and acknowledged under oath by the lien claimant, or
1064	its executive officer, comptroller, or agent, in the official
1065	records of Sarasota County at the same filing fees which are
1066	required by the clerk for recording satisfactions of mortgages.
1067	It shall be the duty of the hospital lien claimant to furnish
1068	the patient with a properly executed satisfaction upon payment
1069	or discharge of the lien.
1070	(4) No release or satisfaction of any action, suit, claim,
1071	counterclaim, demand, judgment, settlement, or settlement
1072	agreement shall be valid or effectual as against such lien
1073	unless such lienholder shall join therein or execute a release
1074	of such lien.
1075	(5) Any acceptance of a release or satisfaction of any
1076	such cause of action, suit, claim, counterclaim, demand, or
1077	judgment and any settlement of any of the foregoing in the
1078	absence of a release or satisfaction of the lien referred to in
1079	this act shall prima facie constitute an impairment of such
1080	lien, and the lienholder shall be entitled to an action at law
1081	for damages on account of such impairment, and in such action
1082	may recover from the one accepting such release or satisfaction
1083	or making such settlement the reasonable cost of such hospital
1084	care, treatment, and maintenance. Satisfaction of any judgment
1085	rendered in favor of the lienholder in any such action shall
1086	operate as a satisfaction of the lien. Any action by the
1087	lienholder shall be brought in the court having jurisdiction of
1088	the amount of the lienholder's claim. If the lienholder shall
1089	prevail in such action, the lienholder shall be entitled to
1090	recover from the defendant all costs allowed by law, together
1091	with reasonable attorney's fees to the lienholder's attorney for
1092	handling the action. If the plaintiff or counterclaimant shall
1093	have employed an attorney for the collection of the claims or
1094	damages, including the hospital expenses, on account of or
1095	resulting from the illness or injury of said plaintiff or
1096	counterclaimant or on account of or resulting from the illness,
1097	injury, or death of a deceased patient, the court costs shall
1098	first be paid and the attorney representing such plaintiff or
1099	counterclaimant shall receive his or her fees or compensation
1100	out of the judgment or settlement proceeds and the hospital lien
1101	provided for in this act shall next be fully paid to the
1102	hospital, and the balance of the proceeds of any such settlement
1103	or judgment, if any, shall then be paid to the plaintiff or
1104	counterclaimant.
1105	(6) Upon suit being filed by the patient or on the
1106	patient's behalf, the owner or operator of the hospital, as the
1107	case may be, may also file in the suit a notice of nonpayment of
1108	hospital bill, which said notice shall be recorded and the same
1109	shall constitute a lien upon any judgment recovered or
1110	settlement made to the extent that the court may determine the
1111	hospital's pro rata share for unpaid hospital bill, based upon
1112	such equitable distribution of the amount recovered as the court
1113	may determine, less its pro rata share of all court costs
1114	expended by the plaintiff in the prosecution of the suit and
1115	less the reasonable attorney's fees for the plaintiff's
1116	attorney, such proration to be made by the judge of the trial
1117	court upon application therefor and notice to the adverse party.
1118	Such notice shall be served upon all parties to the suit, and
1119	their attorneys of record, by registered or certified mail.
1120	(7) If the hospital has given such written notice of its
1121	lien and rights against an alleged tortfeasor, a party to said
1122	suit, and thereafter settlement of any such claim or action at
1123	law is made either before or after suit is filed and the parties
1124	fail to agree on the proportion to be paid to each, the court in
1125	which the action is pending shall determine the amount to be
1126	paid to the hospital in accordance with the provisions of this
1127	law.
1128	(8) The provisions of this act shall not be applicable to
1129	accidents or injuries within the purview of the Workers'
1130	Compensation Act of this state.
1131	(9) No hospital lien provided by this act shall continue
1132	for a longer period than 5 years after the claim of lien
1133	provided for under subsections(2) and (3) has been filed, unless
1134	within that time an action has been commenced in a court of
1135	competent jurisdiction by or on behalf of the person to whom the
1136	hospital care, treatment, or maintenance was rendered to collect
1137	on account or for the illness or injuries necessitating such
1138	hospitalization; and in the event that any such action has been
1139	commenced within such 5-year period, then such hospital lien
1140	shall continue, unless otherwise satisfied, for the duration of
1141	any judgment entered in favor of the party claiming damages for
1142	the hospital care, treatment, or maintenance, and shall attach
1143	to any settlement proceeds made pendente lite and shall continue
1144	for 3 years after the date of any such settlement pendente lite.
1145	(10) The acceptance of hospital care shall be deemed and
1146	construed as a determination that hospitalization insurance was
1147	taken out for the benefit of the hospital and as an equitable
1148	assignment of the proceeds to the hospital. Unless the policy
1149	or policies are endorsed or assigned to the hospital, the
1150	hospital may write or stamp upon every statement rendered that
1151	it claims a lien upon the proceeds of all hospitalization
1152	insurance, and such legend shall be notice to any corporation
1153	into whose possession the statement comes that the hospital has
1154	a lien. In this event, payment to policyholder without
1155	settlement direct to the hospital by the insurance company will
1156	make the insurance company liable to the hospital for the amount
1157	of the bill or so much thereof as the policy indemnifies.
1158	Section 24. Notwithstanding any other provisions of law,
1159	all operations of the hospital established under the provisions
1160	of chapter 26468 (1949), Laws of Florida, shall remain under the
1161	direct control and administration of the Hospital Board
1162	established by referendum pursuant to section 21 of said
1163	chapter. The Hospital Board shall not take any action which
1164	would result in the termination of such direct control and
1165	administration unless such action is approved by the electors of
1166	Sarasota County at a referendum called for that purpose;
1167	however, for purposes of this section, the term "operations of
1168	the hospital" does not include:
1169	(1) The operation of nonhospital health care services or
1170	related activities, which services or activities may be
1171	controlled and administered by subsidiaries or affiliates of the
1172	Hospital Board or nonaffiliated, not-for-profit corporations
1173	operating primarily within the territory of the Hospital Board;
1174	or
1175	(2) The operation and provision of hospital services
1176	through any form of shared service arrangement approved by
1177	resolution of the said Hospital Board adopted in public session
1178	and wherein the Hospital Board shall be represented by two or
1179	more Hospital Board members on the governing body of such
1180	entity.
1181	Section 25. In order to secure and promote the provision
1182	of quality medical services to the public, the authority
1183	provided for herein is found by the Legislature to be within the
1184	public policy of this state. The Hospital Board is authorized
1185	to exercise all the powers granted in this act, and those
1186	granted in the Hospital Board's enabling legislation, as
1187	amended, in such manner as it may determine to be consistent
1188	with the purposes of such enabling legislation.
1189	Section 4. Chapter 26468 (1949), Laws of Florida, which
1190	was approved by Sarasota County electors in referendum held on
1191	January 10, 1950, is hereby repealed; provided, however, that,
1192	as provided in section 189.429(3), Florida Statutes, nothing in
1193	this act, including specifically this section 4, shall (i)
1194	modify, amend, or alter any covenants, contracts, or other
1195	obligations of the Hospital Board with respect to its bonded
1196	indebtedness; and (ii) affect the ability of the Hospital Board
1197	to levy and collect taxes as permitted under prior law and
1198	herein. Chapters 27888 (1951), 31262 (1955), 57-1838, 59-1839,
1199	61-2807, 61-2855, 61-2868, 63-1893, 63-1895, 63-1896, 63-1913,
1200	65-2226, 65-2227, 65-2232, 67-2047, 69-1583, 69-1593, 71-907,
1201	83-525, 84-530, 85-501, 86-373, 87-526, 88-534, 90-411, 90-422,
1202	95-507, and 2000-400, Laws of Florida, are repealed. Chapter
1203	69-1583, Laws of Florida, which was approved by Sarasota County
1204	electors in referendum conducted pursuant to such act on
1205	November 4, 1969, is reenacted, except for requirements of
1206	referendum to approve the act, and all actions heretofore taken
1207	by the Sarasota County Public Hospital District and the Sarasota
1208	County Public Hospital Board pursuant to the authority and
1209	powers conferred by chapter 69-1583, Laws of Florida, are
1210	ratified and confirmed.
1211	Section 5. If any section, paragraph, sentence, clause,
1212	phrase, or other part of this act shall be declared
1213	unconstitutional, or if this act should be declared inapplicable
1214	in any case, such declaration shall not affect the remainder of
1215	this act or the applicability thereof in any other case.
1216	Section 6. This act shall be construed as remedial and
1217	shall be liberally construed to promote the purpose for which it
1218	is intended.
1219	Section 7. This act shall take effect upon becoming a law.