HB 1453CS

CHAMBER ACTION



1The Committee on Local Government & Veterans' Affairs recommends
2the following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to the North Sumter County Hospital
8District; providing a popular name; providing district
9purpose; providing district boundaries; providing for a
10board of trustees as the governing body of the district;
11prescribing the powers and duties of the board; providing
12for compensation and meetings of the board; authorizing
13the board to levy and collect an annual ad valorem tax
14upon taxable property within the district; providing for a
15referendum; providing for purpose of the tax; providing
16for a method for such levy; providing for an annual
17report; providing for financial disclosure; providing for
18liens and foreclosure of liens; providing for
19severability; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Establishment of district; boundaries.--
24     (1)  This act may be referred to by the popular name the
25"North Sumter County Hospital District Act."
26     (2)  There is created and established as an independent
27special taxing district of the state a hospital district in
28Sumter County to be known as the "North Sumter County Hospital
29District," which shall comprise and include the territory within
30Sumter County described as follows:
31
32BEGIN AT THE NORTHEAST CORNER OF SECTION 1, TOWNSHIP
3318 SOUTH, RANGE 23 EAST, AND RUN SOUTH ALONG THE
34EASTERLY BOUNDARY OF RANGE 18 EAST (SAID BOUNDARY
35BEING THE EAST LINE OF SAID SUMTER COUNTY) TO THE
36CENTERLINE OF STATE ROAD NO. 44; THENCE WESTERLY ALONG
37THE CENTERLINE OF STATE ROAD NO. 44 TO ITS
38INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD C-44A;
39THENCE NORTHWESTERLY ALONG THE CENTERLINE OF COUNTY
40ROAD C-44A TO ITS INTERSECTION WITH THE CENTERLINE OF
41COUNTY ROAD C-139; THENCE NORTH ALONG THE CENTERLINE
42OF COUNTY ROAD C-139 TO ITS INTERSECTION WITH THE
43CENTERLINE OF COUNTY ROAD C-466A; THENCE NORTH ALONG
44THE CENTERLINE OF COUNTY ROAD C-462 AND ITS NORTHERLY
45EXTENSION TO THE CENTERLINE OF COUNTY ROAD C-121;
46THENCE NORTH ALONG THE CENTERLINE OF COUNTY ROAD 121
47TO THE NORTH LINE OF THE FAIRWAYS AT ROLLING HILLS,
48PLAT BOOK 4, PAGE 88, PUBLIC RECORDS OF SUMTER COUNTY,
49FLORIDA, EXTENDED WESTERLY; THENCE EAST ALONG SAID
50NORTH LINE AND ITS WESTERLY AND EXISTING EXTENSION TO
51THE EAST LINE OF SECTION 28, TOWNSHIP 18 SOUTH, RANGE
5223 EAST; THENCE NORTH ALONG SAID EAST LINE TO THE
53WATERS OF LAKE MIONA; THENCE WESTERLY AND NORTHERLY
54ALONG THE WATERS OF LAKE MIONA TO ITS INTERSECTION
55WITH THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF
56RAVENSWOOD SUBDIVISION (UNRECORDED) LYING IN THE
57SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 20,
58TOWNSHIP 18 SOUTH, RANGE 23 EAST; THENCE WEST ALONG
59SAID NORTH LINE AND ITS EXTENSION TO THE CENTERLINE OF
60COUNTY ROAD 117; THENCE SOUTH ALONG THE CENTERLINE OF
61COUNTY ROAD 117 TO THE CENTERLINE OF COUNTY ROAD 114;
62THENCE WEST ALONG THE CENTERLINE OF COUNTY ROAD 114 TO
63THE CENTERLINE OF U.S. HIGHWAY 301; THENCE WEST ALONG
64THE CENTERLINE OF COUNTY ROAD 222 TO THE CENTERLINE OF
65COUNTY ROAD 223; THENCE NORTH ALONG THE CENTERLINE OF
66COUNTY ROAD 223 TO THE CENTERLINE OF COUNTY ROAD 466;
67THENCE WEST ALONG THE CENTERLINE OF COUNTY ROAD 466 TO
68THE CENTERLINE OF COUNTY ROAD 227; THENCE NORTH ALONG
69THE CENTERLINE OF COUNTY ROAD 227 TO THE SOUTH LINE OF
70SECTION 2, TOWNSHIP 18 SOUTH, RANGE 22 EAST; THENCE
71WEST ALONG THE SOUTH LINE OF SAID SECTION 2 AND THE
72SOUTH LINE OF SECTION 3, TOWNSHIP 18 SOUTH, RANGE 22
73EAST TO THE WEST LINE OF THE EAST 330.10 FEET OF SAID
74SECTION 3; THENCE NORTH ALONG SAID WEST LINE TO THE
75NORTH LINE OF TOWNSHIP 18 SOUTH SAID NORTH LINE BEING
76THE NORTHERLY BOUNDARY OF SUMTER COUNTY; THENCE EAST
77ALONG THE NORTH BOUNDARY OF TOWNSHIP 18 SOUTH AND
78ALONG THE NORTH BOUNDARY OF SUMTER COUNTY TO THE POINT
79OF BEGINNING.
80     Section 2.  Purpose of the district.--The purpose of the
81North Sumter County Hospital District as a governmental entity
82is to ensure continued hospital services for the residents of
83the North Sumter County Hospital District, referred to in this
84act as the "district."
85     Section 3.  Membership and organization of the governing
86board of the district.--
87     (1)  GENERAL.--
88     (a)  The North Sumter County Hospital District shall be
89governed by a board of trustees composed of five persons
90appointed by the Governor. The term of office of each trustee
91shall be 6 years and a trustee may serve more than one term. The
92initial terms shall be measured from the date this act becomes
93law. The trustees must reside in Sumter County. Each trustee
94shall serve until his or her successor is appointed and
95qualified. Any member of the board of trustees may be removed by
96the Governor at any time for cause, in which event such vacancy
97or vacancies thereby occurring shall be filled by appointment by
98the Governor. Vacant trustee seats created for reasons other
99than by removal shall be filled through appointment by the
100Governor; appointees shall serve until expiration of the term
101for which they are appointed.
102     (b)  The members of the board of trustees shall serve
103without pay. Each member shall give a bond to the Board of
104County Commissioners of Sumter County for the use and benefit of
105the North Sumter County Hospital District for the faithful
106performance of his or her duties in the sum of $1,000 with a
107surety company qualified to do business in this state as surety,
108which bond shall be approved and accepted by the Clerk of the
109Circuit Court of Sumter County. The premiums on such bond shall
110be paid by the district as part of the expenses of the district.
111     (c)  Three of the trustees shall constitute a quorum, and a
112vote of a majority of the trustees in attendance at a meeting is
113necessary for the transaction of any business of the district.
114The board of trustees may select from among its membership a
115chair, vice chair, secretary, and treasurer. The board of
116trustees shall cause true and accurate minutes and records to be
117kept of all business transacted by the board and shall keep
118full, true, and complete books of account and minutes, which
119minutes and books shall be open and subject to inspection at all
120reasonable times during normal business hours. Any person
121desiring to do so may obtain a copy of the minutes and books of
122accounts or such portions thereof as he or she may desire upon
123payment of the costs of reproduction.
124     (2)  ANNUAL MEETING.--The annual meeting shall be held
125during the month of January of each year at such time and place
126within the district as is determined by the board of trustees.
127The schedule and notice of this annual meeting shall be
128published as provided in section 189.417, Florida Statutes. The
129agenda at the annual meeting of the board of trustees shall
130include, but is not limited to:
131     (a)  Call to order.
132     (b)  Presentation and approval of minutes of the last
133annual meeting and of any special meeting held since that
134meeting.
135     (c)  Financial report.
136     (d)  Presentation of the annual report of the board of
137trustees.
138     (e)  Transaction of any business that may properly be
139brought before the board.
140     (f)  Election of officers of the board of trustees.
141     (3)  SPECIAL MEETINGS.--Special meetings of the board of
142trustees may be called at any time by the chair or upon the
143written request of four members of the board of trustees. The
144notice for any special meeting of the board of trustees shall be
145published as provided in section 189.417, Florida Statutes.
146     Section 4.  Powers, functions, and duties.--
147     (1)  EMINENT DOMAIN.--The North Sumter County Hospital
148District, through its board of trustees, has the power of
149eminent domain.
150     (2)  GENERAL POWERS.--The Board of Trustees of the North
151Sumter County Hospital District has all the powers of a body
152corporate, including the power to sue and be sued under the name
153of the North Sumter County Hospital District; to contract and be
154contracted with; to adopt and use a common seal; and to acquire,
155purchase, hold, lease, and convey such real and personal
156property as the board of trustees deems proper or expedient to
157carry out the purposes of this act.
158     (3)  AD VALOREM TAXATION.--The Board of Trustees of the
159North Sumter County Hospital District may levy an ad valorem tax
160in the district of up to 1 mill on the dollar of the value of
161all nonexempt property within that area of Sumter County which
162comprises the North Sumter County Hospital District, provided,
163however, that the hospital district shall have no authority to
164levy such ad valorem tax unless such authority has been approved
165in a referendum by a majority vote of the electors residing
166within the district voting on the question. Such referendum
167shall be held not later than December 31, 2006, and conducted
168upon a resolution adopted by the board of trustees and in
169accordance with applicable Florida Statutes. Such tax shall be
170paid into the district fund.
171     (4)  TAX PROCEEDS TO NONPROFIT ORGANIZATIONS FOR HEALTH
172CARE PURPOSES.--All future tax proceeds generated from within
173the North Sumter County Hospital District, less one-half of the
174amount reserved annually by the board to pay for the maintenance
175and services for the board, shall be paid by the Board of
176Trustees to the Villages Tri-County Medical Center, Inc., and
177the Villages Regional Hospital Foundation, Inc., in such
178proportional distribution as the board, in its sole discretion,
179deems appropriate, upon the written request by the Villages Tri-
180County Medical Center, Inc., and the Villages Regional Hospital
181Foundation, Inc., respectively, that the funds are needed for
182healthcare purposes, provided, however, that the Villages Tri-
183County Medical Center, Inc., shall receive not less than 80
184percent of such funds so distributed.
185     (5)  ANNUAL FINANCIAL REPORT.--The Villages Tri-County
186Medical Center, Inc., and the Villages Regional Hospital
187Foundation, Inc., shall file annual audited financial statements
188with the North Sumter County Hospital District.
189     (6)  COLLECTION OF TAXES.--It is the duty of the Property
190Appraiser of Sumter County to assess, and the Tax Collector of
191Sumter County to collect, the up to 1 mill tax levied by the
192Board of Trustees of the North Sumter County Hospital District
193upon the taxable property in the district. The tax collector
194shall collect such tax as levied by the board of trustees in the
195same manner as other taxes are collected and shall pay the same
196over to the Board of Trustees of the North Sumter County
197Hospital District within the time and in the manner prescribed
198by law for the payment of taxes to the county depository. It is
199the duty of the Department of Revenue to assess all such
200property in accordance with section 193.085, Florida Statutes.
201The amount of each county or state tax and the taxes for the
202district shall be assessed by the officer respectively as are
203county taxes upon such property, and such tax shall be remitted
204by the collecting officer to the Board of Trustees of the North
205Sumter County Hospital District. All such taxes shall be held by
206the Board of Trustees of the North Sumter County Hospital
207District and paid out by said board for purposes of this act.
208     (7)  EXPENSES.--The Board of Trustees of the North Sumter
209County Hospital District may pay from the funds of the district
210all expenses of the organization of such board of trustees and
211all expenses necessarily incurred in the development of the
212district, as well as all other reasonable and necessary
213expenses, including the fees and expenses of a certified public
214accountant and an attorney as needed in the transaction of the
215business of the district in carrying out and accomplishing the
216purposes of this act. The board shall include in its annual
217budget a reserve in an amount deemed necessary by the board for
218its yearly expenses.
219     (8)  FINANCIAL DISCLOSURE, NOTICE, AND REPORTING
220REQUIREMENTS.--At least once every year, the Board of Trustees
221of the North Sumter County Hospital District shall make and file
222with the Clerk of the Circuit Court of Sumter County a complete
223financial statement of all moneys received and distributed by
224the board since the development of the district as to the first
225statement so filed, and since the last statement so filed as to
226any other year. Such statements shall also show the several
227sources from which the funds were received and shall show the
228balance on hand at the time of the making of such statement. The
229statement shall show the complete statement of the financial
230condition of the district. Notice of the statement shall be
231filed with the Clerk of the Circuit Court of Sumter County and
232published in a newspaper regularly published in Sumter County,
233and the statement shall be made available at all reasonable
234times for inspection and copying. The Board of Trustees of the
235North Sumter County Hospital District shall comply with all
236financial disclosure and reporting requirements provided in
237general law.
238     (9)  PREPARATION OF BUDGET.--The Board of Trustees of the
239North Sumter County Hospital District shall prepare an annual
240balanced budget in accordance with generally accepted accounting
241practices and in the manner prescribed by section 189.418,
242Florida Statutes.
243     (10)  LIENS AND FORECLOSURES.--Liens and foreclosure of
244liens resulting from failure to pay ad valorem taxation shall be
245treated as liens and foreclosures resulting from other ad
246valorem taxes.
247     Section 5.  Amendments to the charter.--This act may only
248be amended by action of the Legislature.
249     Section 6.  Construction of act.--It is intended that the
250provisions of this act be liberally construed for accomplishing
251the purposes authorized and provided for by this act.
252     Section 7.  Comprehensive planning.--Except as may
253otherwise be required by general law, comprehensive planning is
254not required by this act.
255     Section 8.  If any provision of this act or its application
256to any person or circumstance is held invalid, the invalidity
257shall not affect other provisions or applications of the act
258which can be given effect without the invalid provision or
259application, and to this end the provisions of this act are
260declared severable.
261     Section 9.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.