Senate Bill sb2946
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Florida Senate - 2003 (NP) SB 2946
By Senator Lynn
7-1612-03 See HB
1 A bill to be entitled
2 An act relating to Halifax Hospital Medical
3 Center, Volusia County; codifying, reenacting,
4 and amending the charter of the Halifax
5 Hospital Medical Center special tax district;
6 providing for boundaries of the district;
7 establishing a Board of Commissioners;
8 providing for membership and appointment;
9 providing powers and duties of the board;
10 providing for meetings of the board;
11 authorizing the district to establish,
12 construct, operate, and maintain hospitals,
13 medical facilities, and services; providing
14 that the district shall have the power of
15 eminent domain; authorizing the district to
16 perform certain functions in order to carry out
17 the purposes of the act; providing for the
18 issuance of bonds and procedures relating
19 thereto; authorizing the district to levy and
20 collect certain taxes; authorizing officers of
21 the district to sign checks and warrants;
22 providing procedure for levy and collection of
23 taxes; providing for the payment of expenses;
24 requiring the establishment of revenue
25 accounts; requiring the district to provide
26 care and services for the medically indigent;
27 providing for liberal construction; exempting
28 property of the district from taxation;
29 requiring an annual audit of the books and
30 records of the district; providing for employee
31 benefits; providing for competitive bidding;
1
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1 providing an alternative to bidding procedure;
2 providing an exception; authorizing the board
3 to designate a direct-support organization;
4 providing for severability; repealing chapters
5 79-577, 79-578, 84-539, 89-409, and 91-352,
6 Laws of Florida; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Pursuant to section 189.429, Florida
11 Statutes, this act constitutes the codification of all special
12 acts relating to the Halifax Hospital Medical Center special
13 tax district. It is the intent of the Legislature to provide a
14 single, comprehensive special act charter for said district,
15 including all current legislative authority granted to the
16 district by its several legislative enactments and any
17 additional authority granted by this act and chapter 189,
18 Florida Statutes, as they may be amended from time to time. It
19 is further the intent of this act to preserve all district
20 authority.
21 Section 2. Chapters 79-577, 79-578, 84-539, 89-409,
22 and 91-352, Laws of Florida, relating to the Halifax Hospital
23 Medical Center special tax district are codified, reenacted,
24 amended, and repealed as herein provided.
25 Section 3. The charter for the Halifax Hospital
26 Medical Center special tax district is re-created and
27 reenacted to read:
28 Section 1. A special tax district is hereby created to
29 be known as "Halifax Hospital Medical Center" in Volusia
30 County, Florida, which district shall include all of Volusia
31 County except those parts described below:
2
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1
2 Beginning at the point of intersection of the
3 main channel of Mosquito Inlet and the Atlantic
4 Ocean, thence run Southeasterly with the shore
5 of the Atlantic Ocean to the point of
6 intersection with the South line of Township
7 19S, thence West with said Township line to the
8 Southwest corner of Section 34, Township 19S,
9 Range 33E, thence North to the Northwest corner
10 of Section 3, Township 19S, Range 33E, thence
11 West along the South line of Township 18S,
12 Range 33E, to the Southwest corner of said
13 Township 18S, Range 33E, thence north with West
14 line of Township 18S, Range 33E, to the
15 Northwest corner of said Township 18S, Range
16 33E, thence West along line between Townships
17 17S and 18S to the Southwest corner of Township
18 17S, Range 32E, thence along the Range line
19 between Ranges 31E and 32E North to the
20 Northwest corner of Township 17S, Range 32E,
21 thence East along the North line of Township
22 17S, Range 32E to the point of intersection
23 with the South fork of Spruce Creek, thence
24 Northerly and Easterly along Spruce Creek to
25 the point of intersection with the main channel
26 of the Halifax River, thence Southerly and
27 Easterly along the main channel of the Halifax
28 River and the main channel of Mosquito Inlet to
29 the point of beginning. All the above described
30 property lying and being in County of Volusia,
31 State of Florida.
3
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1
2 Commencing at a point on the East Shore of Lake
3 George where same is intersected by the
4 Putnam-Volusia County line and run
5 Northeasterly with said line to be the
6 Southernmost point of Lake Crescent; thence
7 East with shore line of Lake Crescent to the
8 mouth of Hawk Creek; thence up said Creek to
9 its intersection with the East line of Range 28
10 East; run thence South with said Range line (it
11 being the Flagler-Volusia County line) to the
12 Northwest corner of Section 30, Township 14
13 South, Range 29 East; thence run East 12 miles
14 to the Northeast corner of Section 25, Township
15 14 South, Range 30 East; thence run South two
16 miles to the Southeast corner of Township 14
17 South, Range 30 East; thence run West along
18 said Township line to the Northeast corner of
19 Township 15 South, Range 30 East; thence run
20 South with the range line between Ranges 30 and
21 31 East about six miles to the Southeast corner
22 of Township 15 South, Range 30 East, run thence
23 East along the North line of Township 16 South,
24 Range 31 East about six miles to the Northeast
25 corner of said Township 16 South, Range 31
26 East; run thence South on the range line
27 between Ranges 31 and 32 East about twelve
28 miles to the Southeast corner of Township 17
29 South, Range 31 East; run thence East with the
30 line between Township 17 and 18 South to the
31 Northeast corner of Township 18 South, Range 32
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1 East; run thence South on the range line
2 between Ranges 32 and 33 East to the Southeast
3 corner of Township 18 South, Range 32 East; run
4 thence East on the line between Township 18
5 South, Range 33 East and Township 19 South,
6 Range 33 East about three miles to the
7 Northeast corner of Section 4 of Township 19
8 South, Range 33 East. Run thence South on the
9 East line of Sections 4-9-16-21-28 and 33.
10 Township 19 South, Range 33 East to the
11 Southeast corner of Section 33, Township 19,
12 South Range 33 East; run thence East on the
13 line between Township 19 South, Range 33 East
14 and Township 20 South, Range 33 East to the
15 Northeast corner of Township 20 South, Range 33
16 East; run thence South on the East line of
17 Township 20 South, Range 33 East and along the
18 East line of Township 21 South, Range 33 East
19 to the Southeast corner of Section 36, Township
20 21 South, Range 33 East, run thence West along
21 a South line of Township 21 South, Range 33
22 East to the intersection of said Township line
23 with the St. Johns River; thence run down the
24 St. Johns River in a generally Northwesterly
25 direction to Lake George and with the East
26 Shore line of said Lake George to the place of
27 beginning.
28 Section 2. (1) The governing body of the district
29 shall be a Board of Commissioners which shall consist of seven
30 members, each of whom shall be a resident of the district and
31 appointed by the Governor. Except with respect to those
5
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1 appointees who shall be appointed to serve terms ending on the
2 dates specified herein, each commissioner shall be appointed
3 for a term of 4 years. The appointments which must be made
4 with respect to the four commissioners whose terms end in May
5 of 1985 shall be made with two commissioners being appointed
6 for terms ending May 23, 1986, and two commissioners being
7 appointed for regular 4-year terms. With respect to the
8 appointments which must be made for the three commissioners
9 whose terms end in May 1987, two commissioners shall be
10 appointed for regular 4-year terms and one commissioner shall
11 be appointed for a term ending May 23, 1988.
12 (2) The Governor may suspend a commissioner pursuant
13 to section 7, Article IV of the State Constitution. Each
14 commissioner shall give bond to the Governor conditioned on
15 the officer's faithful performance of the duties of his or her
16 office, in the sum of $5,000, with a surety company approved
17 by the district and qualified to do business in Florida. The
18 bond shall be approved and filed with the Clerk of the Circuit
19 Court of Volusia County. The premiums on each bond shall be
20 paid by the district.
21 Section 3. The district shall have all powers of a
22 body corporate, including, but not limited to, the power to
23 sue and be sued; to enter into contracts; to adopt and use a
24 common seal; to establish corporations pursuant to chapter
25 617, Florida Statutes, under the control of the district; to
26 enter into capital or operating leases; and to acquire,
27 purchase, hold, lease, and convey such real and personal
28 property as may be proper or expedient to carry out the
29 purposes of this act. The district shall have the power to
30 employ a chief executive officer or such other agents and
31 employees as it deems may be advisable to operate and manage
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1 the district's facilities; to borrow money and issue notes,
2 bonds, and other evidences of indebtedness to carry out the
3 provisions of this act; to foster community redevelopment
4 within the district through financial contribution with the
5 community redevelopment trust fund; and to accept promissory
6 notes and voluntary liens to evidence and secure payment for
7 health care services rendered to patients whenever patients
8 are unable to pay their bills in full when payment is due.
9 Section 4. Four of the commissioners shall constitute
10 a quorum, but no action, except to recess or adjourn, shall be
11 effective unless four of the commissioners concur therein. The
12 Board of Commissioners shall keep true and accurate minutes
13 and records of all business transacted by it. The minutes,
14 records, and books of account shall at all reasonable times be
15 open and subject to inspection and copying by the public,
16 pursuant to section 119.07, Florida Statutes.
17 Section 5. The district may establish, construct,
18 operate, and maintain such hospitals, medical facilities, and
19 other health care facilities and services as are necessary.
20 The hospitals, medical facilities, and other health care
21 facilities and services shall be established, constructed,
22 operated, and maintained by the district for the preservation
23 of the public health, for the public good, and for the use of
24 the public of the district. Maintenance of such hospitals,
25 medical facilities, and other health care facilities and
26 services in the district is hereby found and declared to be a
27 public purpose and necessary for the general welfare of the
28 residents of the district.
29 Section 6. The district shall have the power of
30 eminent domain, and it may condemn and acquire any real or
31 personal property within the district which the board may deem
7
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1 necessary for the use of the district. The power of
2 condemnation shall be exercised in the same manner as is now
3 or may be provided by general law for the exercise of the
4 power of eminent domain by counties of the state, including
5 the right to take possession and title in advance of final
6 judgment under the procedures set forth in chapter 74, Florida
7 Statutes.
8 Section 7. In order to carry out the purposes of this
9 act:
10 (1) The district may borrow money and execute
11 promissory notes having a term of up to 7 years and may enter
12 into credit purchase agreements having a term of up to 7
13 years. The district may determine with respect to such notes
14 or credit purchase agreements the initial principal amounts
15 and may set terms and rates of interest.
16 (2) The district may facilitate fair and consistent
17 delivery of health care services to indigent persons by
18 charging for indigent care services on the same sliding scale
19 used by the Volusia County Health Department.
20 (3) The district may form both not-for-profit and
21 for-profit corporations. The for-profit corporations may only
22 engage in health care-related activities. Only the
23 not-for-profit corporations may be capitalized by the district
24 and financially supported by the district. Neither the
25 district nor a not-for-profit corporation formed by the
26 district may capitalize for-profit corporations, but this
27 shall not prohibit the district or its not-for-profit
28 corporations from entering good faith agreements to receive
29 from such for-profit corporations services, goods, and
30 facilities, as long as the charge for such services, goods,
31 and facilities is at fair market value. The district shall not
8
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1 hold in its name corporate stock issued by any for-profit
2 corporation established by the district, but the stock of such
3 for-profit corporations may be held by a not-for-profit
4 corporation established by the district or by a third party in
5 trust for the district under a written trust agreement.
6 (4) The not-for-profit corporations and the for-profit
7 corporations established by the district may be stockholders
8 which may enter into joint ventures and other cooperative
9 projects with third-party individuals and entities as long as:
10 (a) Any assets of the not-for-profit corporation which
11 are provided by the district are not liened, collateralized,
12 mortgaged, subject to a security interest, or otherwise put at
13 risk.
14 (b) The district's credit is not pledged or lent to or
15 for the benefit of the joint venture or other cooperative
16 projects.
17 (c) The district itself is not directly involved as a
18 shareholder, joint venturer, or partner. The fact that a
19 corporation established by the district is a shareholder,
20 joint venturer, or other type of participant in a business or
21 cooperative project shall not, alone, subject that business or
22 cooperative project to requirements of chapter 119, Florida
23 Statutes, or chapter 286, Florida Statutes.
24 (5) The district may issue tax anticipation notes and
25 neither validation proceedings nor referendum approval is
26 necessary with respect to tax anticipation notes with a
27 maturity date not more than 12 months after their date of
28 issuance.
29 (6) The district shall maintain commercial insurance,
30 establish a risk retention program consisting of
31 self-insurance plans, or utilize a combination of commercial
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1 insurance and self-insurance plans to protect against those
2 risks of less commonly insured against by businesses and
3 organizations carrying out the health care functions provided
4 by the district. Such commercial insurance and/or
5 self-insurance plans shall be in such amounts as deemed
6 prudent under the circumstances by the district's insurance
7 consultant. The district may develop a risk retention program
8 consisting of separate self-insurance plans for the following
9 risks: general liability, errors and omissions, medical
10 professional liability, including the district's "shared risk"
11 of joint and several liability with medical physicians,
12 workers' compensation, and employee medical benefits.
13 (7) Each self-insurance plan established or sponsored
14 by the district shall be funded on an annual basis in an
15 amount at least equal to that sum jointly established by the
16 hospital's CEO and the district's insurance consultant as
17 needed to maintain the plan's solvency for the applicable plan
18 year. In making such determination, the insurance consultant
19 and the CEO shall include "incurred but not reported" claims
20 in the reserves against claims. The self-insurance plans
21 within the risk retention program may be established and
22 funded utilizing a single trust as long as the cost of risk
23 for each self-insurance plan is separately accounted for and
24 reported. If necessary or beneficial for legal or actuarial
25 purposes, the separate self-insurance plans within the risk
26 retention program may be established utilizing separate trusts
27 or separate not-for-profit corporations.
28 (8) Protecting the district and its assets through
29 commercial insurance or through a risk retention program
30 consisting of self-insurance plans or through a combination of
31 commercial insurance and self-insurance plans is an essential
10
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1 governmental function. The fact that hospital employees, their
2 beneficiaries, or other third parties receive incidental
3 benefits as a result of the commercial insurance or
4 self-insurance plans purchased, established, or sponsored by
5 the district shall not be a basis for asserting such
6 commercial insurance or such plan within the risk retention
7 program is not primarily for the benefit of the district or is
8 not an essential governmental function as long as any third
9 party receiving such incidental benefit pays its fair and
10 equitable share of the district's total costs for insuring or
11 self-insuring the risks.
12 (9) Nothing herein shall be interpreted as prohibiting
13 the district from purchasing other commercial insurance or
14 establishing or sponsoring other self-insurance plans under
15 its risk retention program.
16 Section 8. (1) The district may, by resolution of the
17 board, authorize the issuance of bonds for the purposes set
18 forth in this act, and for the acquisition and development of
19 real property, including appurtenances, fixtures, and
20 equipment, and for major repairs or renovations to real
21 property which significantly extend its useful life or change
22 its function, and for any necessary operating capital outlay
23 to furnish and operate a new or improved facility. The bonds
24 may be revenue bonds payable from ad valorem taxes, or bonds
25 payable from a combination of the two; provided, however, that
26 no bonds either pledging the full faith and credit of the
27 district, or pledging the taxing power thereof, except
28 refunding bonds issued at a lower net average interest cost
29 rate, shall be issued unless the issuance has been approved in
30 a referendum by a majority vote of the electors of the
31
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1 district voting on the question. Nothing herein shall limit
2 any rights the district has or may have under general law.
3 (2) Pursuant to resolution of the board, such bonds
4 may:
5 (a) Be issued in either coupon or registered form or
6 both.
7 (b) Have dates of maturity not exceeding 40 years
8 after the date of issuance.
9 (c) Bear interest at a rate to be determined by the
10 board.
11 (d) Provide for registration of coupon bonds and
12 conversion and reconversion of bonds from coupon to registered
13 form or from registered form to coupon form.
14 (e) Provide for payment at maturity and redemption
15 prior to maturity at specified times and prices.
16 (f) Be payable at specified places within or without
17 the state.
18 (3) Bonds shall be signed by such officers of the
19 board or district as shall be required by resolution of the
20 board. The signatures may be manual or facsimile signatures,
21 but at least one of the signatures shall be a manual
22 signature. The coupons shall be signed with the facsimile
23 signatures of such officials of the board as the board shall
24 determine. In case any officer whose signature or facsimile of
25 whose signature appears on any bonds or coupons ceases to be
26 such officer before delivery of the bonds or coupons, his or
27 her signature or facsimile signature shall nevertheless be
28 valid and sufficient for all purposes as fully and to the same
29 extent as if he or she had remained in office until delivery.
30 (4) All bonds shall be exempt from all state, county,
31 and city taxation.
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1 (5) All bonds issued pursuant to this act shall be and
2 have, and are hereby declared to be and have, all the
3 qualities and incidents of negotiable instruments under the
4 Uniform Commercial Code--Investment Securities Law of the
5 state.
6 (6) The board may sell the bonds in such a manner and
7 at such prices as the board may determine to be in the best
8 interest of the district, but not, however, at less than 95
9 percent of par value.
10 (a) The bonds may be sold either at negotiated or
11 public sale as determined by the board to be in the best
12 interest of the district.
13 (b) If the bonds are to be sold at public sale:
14 1. Notice of the sale shall be published at least once
15 at least 10 days prior to the date of sale in one or more
16 newspapers or financial journals published within or without
17 the state and shall contain such terms as the board shall deem
18 advisable and proper under the circumstances; provided that if
19 no bids are received at the time and place called for by the
20 notice of sale, or if all bids received are rejected, the
21 bonds may again be offered for sale upon a shorter period of
22 reasonable notice provided for by resolution of the board.
23 2. All bids for the purchase of any bonds offered for
24 sale by the board shall be opened in public. Such bonds shall
25 be awarded by resolution of the board to the bidder offering
26 to purchase such bonds at the lowest net interest cost, such
27 cost to be determined by deducting the total amount of premium
28 bid from or adding the total amount of discount bid to the
29 aggregate amount of interest which will accrue on such bonds
30 until their respective maturities, without reference to any
31 provisions for prior redemption of such bonds.
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1 3. No best bid from a reputable underwriter or team of
2 underwriters which bid conforms to the notice of sale may be
3 rejected unless all bids are rejected. If the bids rejected
4 are legally acceptable bids under the notice of sale, such
5 bonds shall not be sold thereafter except upon public sale
6 after publication of notice of sale as provided herein.
7 (7) No bonds shall be issued by the district unless
8 the face or reverse thereof contains a certificate, executed
9 either manually or with the facsimile signature of the
10 secretary or assistant secretary of the board or district, to
11 the effect that the issuance of such bonds has been approved
12 under the provisions of this act by the board. The certificate
13 shall be conclusive evidence as to approval of the issuance of
14 such bonds by the district and that the requirements of this
15 act and all of the laws relating to such bonds are in full
16 compliance.
17 (8) The district, by resolution of its board, shall
18 have the authority to issue bond anticipation notes in the
19 name of the district in anticipation of the receipt of the
20 proceeds of the bonds in the same manner and subject to the
21 same limitations and conditions provided by section 215.431,
22 Florida Statutes. The rights and remedies which they would
23 have if they were the holders of the definitive bonds in
24 anticipation of which they are issued, and all of the
25 covenants, agreements, or other proceedings relating to the
26 definitive bonds in anticipation of which such bond
27 anticipation notes are issued shall be a part of the
28 proceedings relating to the issuance of the notes as fully and
29 to the same extent as if incorporated verbatim herein.
30 (9) Prior to the preparation of definitive bonds, the
31 district, pursuant to resolution of its board, may issue
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1 interim receipts or temporary bonds, with or without coupons,
2 exchangeable for definitive bonds when such bonds have been
3 executed and are available for delivery under such terms and
4 conditions as the board shall deem advisable. The resolution
5 may also provide for the replacement of any bonds which shall
6 become mutilated or be destroyed, stolen, or lost under such
7 terms and conditions as the board shall deem advisable.
8 (10) Bonds issued under the provisions of this act may
9 be validated in the manner provided in chapter 75, Florida
10 Statutes.
11 Section 9. (1) Prior to the issuance of full faith
12 and credit bonds, the Board of Commissioners shall determine
13 the amount which, in the opinion of the board, will be
14 necessary to be raised annually by taxation for the payment of
15 the debt service on all such outstanding bonds and all such
16 bonds proposed to be issued. Subject to the millage
17 limitations authorized by law, the district shall provide for
18 the levy and collection annually of a sufficient tax upon all
19 the taxable property in the district to make the debt service
20 payments on the bonds and debt service on notes, for expenses
21 of operation, maintenance, construction, improvements, and
22 repair of the hospitals or clinics, and for the payment of any
23 indebtedness or other necessary expenses in carrying out the
24 business of the district.
25 (2) The millage for the taxes assessed and levied
26 against the taxable property within the district for the
27 payment of debt service, including interest and principal of
28 the bonds and notes issued by the district and for the
29 operation, maintenance, improvement, and repair of the
30 hospitals, medical facilities, clinics, or outpatient
31 facilities and services, including, but not limited to,
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1 providing care to the indigent as provided in this act, or for
2 the payment of any outstanding indebtedness authorized by this
3 act, or for the payment of other necessary expenses in
4 carrying on and transacting the business of the district,
5 shall not exceed 4 mills on all the nonexempt property within
6 the district, unless authorized by law and approved by a
7 majority vote of the electors of the district voting on the
8 issue.
9 Section 10. The Board of Commissioners, the Chief
10 Executive Officer, and the Chief Fiscal Officer of the
11 district are hereby authorized to sign checks and warrants of
12 the district by facsimile signature, and to use and employ
13 facsimile signature machines for that purpose. The stamping,
14 printing, or lithographing of facsimile signatures of the
15 Chief Executive Officer and Chief Fiscal Officer shall
16 constitute sufficient signatures in compliance with Florida
17 Statutes as to the withdrawal of district funds from a
18 depository.
19 Section 11. The levy of the taxes authorized by any
20 provision of this act shall be pursuant to a resolution of the
21 board. Certified copies of the resolution executed in the name
22 of the board by its chair, under its corporate seal, shall be
23 made and delivered to the County Council of Volusia County,
24 and to the Department of Revenue in the same manner and within
25 the same time period as required of counties pursuant to
26 general law. The County Council of Volusia County shall
27 require the Director of the Finance Department of the county
28 to collect the amount of taxes so assessed or levied by the
29 district upon the nonexempt property in the district, at the
30 rate of taxation as fixed, levied, and adopted by the Board of
31 Commissioners of the district for the year and included in the
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1 warrant of the Property Appraiser and attached to the
2 assessment roll of taxes for the county each year. The
3 Director of the Finance Department of Volusia County shall
4 collect the tax as levied by the district in the same manner
5 as other taxes are collected, and he or she shall remit the
6 taxes collected to the district within the time and in the
7 manner prescribed by law for the collection and handling of
8 county taxes to the county depository. All revenues so
9 collected shall be held, used, invested, and disbursed by the
10 district as provided in this act or as otherwise provided by
11 law.
12 Section 12. The district is authorized to pay from the
13 funds of the district all expenses necessarily incurred in the
14 formation of the district and all other reasonable and
15 necessary expenses, including, but not limited to, those
16 expenses of the type normally incurred in the establishment,
17 operation, repair, maintenance, expansion, and diversification
18 of a modern integrated system for the delivery of health care
19 services consisting of hospitals, clinics, health maintenance
20 organizations, ambulatory care facilities, managed care
21 facilities, other alternative delivery systems,
22 self-insurance, risk retention programs, captive insurance
23 companies, and support organizations. This section shall not
24 be construed to restrict any of the powers vested in the
25 district by any other provision of this act or any provision
26 of general law.
27 Section 13. (1) The district shall create two
28 separate revenue accounts. One account shall be the Ad Valorem
29 Tax Revenue Account which shall be a separate account into
30 which all ad valorem tax revenues are deposited, and the other
31
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1 account shall be the General Revenue Account into which all
2 other district revenues are deposited.
3 (2) Each corporation established and controlled by the
4 district shall utilize a bookkeeping and financial management
5 system which identifies all of that corporation's revenues
6 generated through operation of those assets which were
7 obtained with ad valorem tax revenues.
8 (3) Annually the board shall publish in a newspaper of
9 general circulation published in the district an audited
10 consolidated financial statement of the district and its
11 corporations. Such financial statements shall be prepared
12 according to generally accepted accounting principles, shall
13 specifically include a combined balance sheet and a combined
14 statement of revenues and expenses, and shall show a complete
15 statement of the financial conditions of the district as of
16 the end of the fiscal year.
17 Section 14. The hospitals, medical facilities,
18 clinics, and outpatient facilities established under this act
19 or by a not-for-profit corporation formed by the district
20 shall provide either independently or in cooperation with each
21 other and/or in cooperation with the Volusia County Public
22 Health Care Unit an appropriate location or locations for the
23 delivery of quality hospital care and related services and
24 treatment to patients who are determined according to criteria
25 established by the board to be medically indigent. Persons so
26 determined to be medically indigent shall receive such
27 services at the locations established by the district or by a
28 not-for-profit corporation formed by the district either for
29 no charge or alternatively for a reduced charge according to
30 the same sliding scale used by the Volusia County Health
31 Department. Each hospital, medical facility, clinic, and
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1 outpatient facility established under this act shall collect
2 such charges as the district may from time to time establish
3 for hospital care, outpatient care, and related services and
4 treatment. Except as is otherwise required by law or by
5 agreement with the Volusia County Health Department, the
6 district s ad valorem tax revenues shall be used to fund
7 medical services to indigent persons only if such services are
8 provided at facilities owned by the district or at facilities
9 in which the district or a corporation established by the
10 district holds an ownership interest. The district may extend
11 the use of hospitals, clinics, and medical facilities of the
12 district to nonresidents upon such terms and conditions as the
13 district may from time to time by its rules provide. The
14 medically indigent residents of the district wherein such
15 hospital and clinic are located shall have priority to
16 admission and outpatient services.
17 Section 15. It is intended that the provisions of this
18 act shall be liberally construed in order to accomplish the
19 purposes of the act. Where strict construction of this act
20 would result in the defeat of the accomplishment of any of the
21 purposes of this act, and a liberal construction would permit
22 or assist in the accomplishment thereof, the liberal
23 construction shall be chosen.
24 Section 16. All property, real and personal, of the
25 Halifax Hospital Medical Center, a special tax district in
26 Volusia County, and all property, both real and personal, of
27 the Board of Commissioners of the special tax district are
28 hereby exempted from taxation pursuant to chapter 196, Florida
29 Statutes.
30 Section 17. The books and records of the district
31 shall be audited annually by an independent certified public
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1 accountant. The Governor of the State of Florida may, when in
2 his or her judgment it is necessary, direct the Auditor
3 General to audit the books and records of the district.
4 Section 18. The district is authorized to:
5 (1) Provide and pay all or any part of the insurance
6 expenses or premiums on its respective employees' insurance or
7 self-insurance covering injuries received by such employees
8 after working hours or covering illness of such employees and
9 their dependents.
10 (2) Provide to employees and their dependents a
11 discount on the cost of drugs, laboratory, X-ray work, or
12 other hospital services.
13 (3) Provide and pay for employee benefits for group
14 life insurance on employees of the district.
15 (4) Provide such other fringe benefits to district
16 employees as it from time to time deems appropriate.
17 (5) Incur and pay reasonable expenditures for travel,
18 physician recruiting, employee recruiting, hospitality,
19 education, and marketing related to the furtherance of the
20 district's objectives.
21 Section 19. (1) All purchases of supplies,
22 commodities, equipment, and materials as well as the leasing
23 of equipment for use in the operation and maintenance of the
24 district, and all contracts for work, construction, repair, or
25 replacement of buildings or other capital improvements to the
26 district's property, the cost of which is in excess of
27 $10,000, shall be made or let by the district by contract to
28 the lowest responsible bidder according to the written
29 specifications previously prescribed therefor, and after
30 publication in a newspaper of general circulation within the
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1 district, 1 day a week for 2 consecutive weeks, of an
2 advertisement or notice calling for or inviting such bids.
3 (2) As an alternative to the procedure prescribed in
4 subsection (1), whenever it reasonably appears to the Board of
5 Commissioners of the district that by reason of an emergency
6 or other unusual condition the compliance with the bidding
7 procedure prescribed in subsection (1) would be detrimental to
8 the interest of the district or its patients, or it appears to
9 the Board of Commissioners that such supplies, commodities,
10 equipment, and materials, and the leasing of equipment for the
11 use in the operation or maintenance of the district are
12 obtainable from only one source or supplier, the Board of
13 Commissioners of the district may by appropriate resolution
14 identify such emergency, unusual condition, or sole source
15 situation and authorize the purchase, lease agreement, or
16 contract without complying with the procedure prescribed in
17 subsection (1).
18 (3) The bidding requirements in subsection (1) shall
19 not apply to prosthetic devices, pacemakers, or other
20 surgically implanted devices or materials if the delay
21 incident to complying with such bidding requirements could
22 adversely affect patient care or could cause the patient to
23 elect to have the implant surgery performed at a private
24 hospital which is not bound by such bidding requirements.
25 (4) All contracts between the district and a third
26 party for construction, repair, or replacement of buildings,
27 structures, or other capital improvements owned and operated
28 by the district, the cost of which is in excess of $25,000,
29 shall be made or let to the lowest responsible bidder, unless:
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1 (a) The construction is in conjunction with a
2 design-build project, in which case the district shall comply
3 with section 287.055(9), Florida Statutes; or
4 (b) The lowest bidder refuses to enter into a contract
5 which prohibits the contractor from claiming delay damages, in
6 which case the district may contract with any qualified
7 general contractor for the district's choice on the condition
8 that the contract with such contractor prohibits the
9 contractor claiming delay damages and the contract price does
10 not exceed the bid from the lowest responsible bidder by more
11 than 5 percent.
12 Section 20. (1) The Board of Commissioners may
13 designate an organization as a Halifax Hospital Medical Center
14 direct-support organization to provide assistance, funding,
15 and support to the board in carrying out its powers and
16 duties. For the purposes of this section, "Halifax Hospital
17 Medical Center direct-support organization" means an
18 organization which:
19 (a) Is a corporation not for profit which is
20 incorporated under chapter 617, Florida Statutes.
21 (b) Is organized and operated exclusively to receive,
22 hold, invest, and administer property and to make expenditures
23 to, or for the benefit of, Halifax Hospital Medical Center,
24 except that the organization may not receive funds from the
25 board by grant, gift, or contract unless specifically
26 authorized by the Legislature.
27 (c) Provides equal employment opportunities to all
28 persons regardless of race, color, national origin, sex, age,
29 or religion.
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1 (d) Has been specifically certified as a Halifax
2 Hospital Medical Center direct-support organization by a
3 resolution adopted by the Board of Commissioners.
4 (2) The Board of Commissioners shall prescribe, by
5 rule, procedures by which the Halifax Hospital Medical Center
6 direct-support organization is to be governed and any
7 conditions with which the organization must comply in order to
8 use property, facilities, or personal services of the district
9 without charge. "Personal services" include the services of
10 full-time personnel and the services of part-time personnel.
11 The rules shall provide:
12 (a) That the articles of incorporation and procedures
13 for the governance of the direct-support organization must be
14 approved by the board.
15 (b) That an annual budget must be submitted by the
16 direct-support organization to the board for approval.
17 (c) That the chair of the Board of Commissioners or
18 his or her designee must certify, after an annual financial
19 and performance review, that the direct-support organization
20 is operating in compliance with the provisions of the rules
21 and in a manner consistent with the goals of the board and in
22 the best interests of the state. Such certification shall be
23 made to the board annually and reported in the official
24 minutes of a meeting of the board.
25 (d) For procedures to be followed to revoke the
26 designation of the nonprofit organization as a direct-support
27 organization and for procedures for the reversion to the state
28 of funds held in trust by the direct-support organization if
29 such designation is revoked or, after notice of such
30 revocation, procedures for expenditure of such funds for
31 purposes approved by the board.
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1 (e) That the fiscal year of the direct-support
2 organization begins on July 1 each year and ends on June 30
3 next following.
4 (3) Before taking office, each member of the governing
5 board of the Halifax Hospital Medical Center direct-support
6 organization must be approved by the Board of Commissioners.
7 The chair of the Board of Commissioners, or a board member
8 designated by the chair, shall serve as a member of the
9 governing board and of the executive committee of the
10 direct-support organization.
11 (4) The Halifax Hospital Medical Center direct-support
12 organization shall provide for an annual financial and
13 compliance audit of its accounts and records, to be conducted
14 by an independent certified public accountant in accordance
15 with rules adopted by the Board of Commissioners. The annual
16 audit report shall include a management letter and shall be
17 filed as a public record with the district. The Board of
18 Commissioners and the Auditor General may request, and shall
19 receive from the direct-support organization or its auditor,
20 any detail or supplemental data which relates to the operation
21 of the organization.
22 (5) Meetings of the Halifax Hospital Medical Center
23 direct-support organization are public meetings and shall be
24 conducted in accordance with section 286.011, Florida
25 Statutes. Records of the direct-support organization, except
26 for records which identify donors or potential donors to the
27 direct-support organization and which shall be confidential,
28 are public records for the purposes of chapter 119, Florida
29 Statutes. The confidentiality of records which identify
30 donors or potential donors to the direct-support organization
31 shall be maintained in the auditor's report.
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1 Section 21. Nothing in this act may be interpreted or
2 construed as eliminating or limiting any right, power, or
3 authority which the district has under any other state law.
4 Section 4. If any provision of this act or the
5 application thereof to any person or circumstance is held
6 inoperative, unconstitutional, or invalid, it shall not affect
7 other provisions or applications of the act which can be given
8 effect without the invalid provision or application, and to
9 this end the provisions of this act are declared severable.
10 Section 5. Chapters 79-577, 79-578, 84-539, 89-409,
11 and 91-352, Laws of Florida, are repealed.
12 Section 6. This act shall take effect upon becoming a
13 law.
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