| 1 | The Finance & Tax Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to Holmes County; amending chapter 30843, |
| 7 | Laws of Florida (1955), as amended, relating to the Holmes |
| 8 | County Hospital Corporation; revising provisions relating |
| 9 | to the corporation's issuance of bonds to construct and |
| 10 | erect a new hospital facility in Holmes County; repealing |
| 11 | various provisions of said chapter; requiring a |
| 12 | referendum; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 1 of chapter 30843, Laws of Florida |
| 17 | (1955), as amended, is amended to read: |
| 18 | Section 1. There is hereby created a public non-profit |
| 19 | corporation which is hereby designated the Holmes County |
| 20 | Hospital Corporation, for the purpose of establishing, acquiring |
| 21 | or constructing, erecting, equipping, maintaining and operating |
| 22 | at Bonifay, in Holmes County a public hospital primarily for the |
| 23 | benefit of the citizens and residents of Holmes County, Florida, |
| 24 | which hospital shall be known as Holmes County Hospital; and |
| 25 | authority is hereby given for said corporation to establish, |
| 26 | acquire or construct, erect, equip, maintain and operate a |
| 27 | public hospital at Bonifay, in Holmes County, Florida, to be |
| 28 | known as Holmes County Hospital, such hospital to provide as |
| 29 | many beds as practicable and said corporation is further |
| 30 | authorized from time to time, when practicable, to extend, |
| 31 | enlarge and otherwise increase the size of said hospital and the |
| 32 | services to be rendered to the public by said hospital. |
| 33 | Section 2. Subsection (i) of section 3 of chapter 30843, |
| 34 | Laws of Florida (1955), as amended, is amended to read: |
| 35 | Section 3. |
| 36 | (i) The board of trustees shall make and adopt such by- |
| 37 | laws and rules and regulations for their own guidance and for |
| 38 | the government of the hospital as may be deemed expedient for |
| 39 | the economic and equitable conduct thereof, not inconsistent |
| 40 | with this law or the city ordinances of Bonifay, Florida, |
| 41 | wherein such hospital is located. They shall have exclusive |
| 42 | control of the expenditures of all moneys collected to the |
| 43 | credit of the hospital fund. |
| 44 | Section 3. Section 12 of chapter 30843, Laws of Florida |
| 45 | (1955), as amended, is amended to read: |
| 46 | Section 12. Immediately upon this act becoming a law and |
| 47 | the trustees of said Holmes County Hospital Corporation are |
| 48 | appointed and duly qualified, the said corporation shall be |
| 49 | authorized to transact business and enter into contract looking |
| 50 | to the establishment of the hospital herein provided for, to |
| 51 | incur liabilities; borrow money at such rates of interest as the |
| 52 | trustees may determine; issue its notes, bonds, or other |
| 53 | obligations; and secure any of its obligations by mortgage, |
| 54 | pledge, or assignment of all or any of its properties, |
| 55 | franchises, or income and may, without rendering the corporation |
| 56 | liable beyond the sources of money pledged, borrow money giving |
| 57 | security therefor the bonds provided for herein. |
| 58 | Section 4. Section 15 of chapter 30843, Laws of Florida |
| 59 | (1955), as amended, is amended to read. |
| 60 | Section 15. (1) The trustees of Holmes County Hospital |
| 61 | Corporation are authorized to issue bonds or to have bonds |
| 62 | issued payable from legally available revenues, pledge therefore |
| 63 | property sufficient to pay the principal and interest as the |
| 64 | same become due on such bonds, which shall be in such form and |
| 65 | denomination bearing an interest rate that does not exceed that |
| 66 | authorized by general law. The form of such bonds shall be fixed |
| 67 | by resolution of the board of trustees of Holmes County Hospital |
| 68 | Corporation or the issuer and the bonds shall be signed by the |
| 69 | chair of the board countersigned by the secretary of the board |
| 70 | under the seal of the board of trustees of Holmes County |
| 71 | Hospital Corporation or as authorized by the issuer. Coupons, or |
| 72 | such legal requirements as to the issuer of bonds requires if |
| 73 | any, shall be executed by the facsimile signature of said |
| 74 | officers or the issuers. The delivery, at any subsequent date of |
| 75 | any bond and coupon so executed shall be valid, although before |
| 76 | the date of delivery, the person signing such bonds or coupons |
| 77 | shall cease to hold office or is authorized by the issuer. |
| 78 | (2) The bonds may be issued in the form and manner as |
| 79 | determined by the board of trustees of Holmes County Hospital |
| 80 | Corporation, not inconsistent with general law or the issuer, |
| 81 | which is consistent with general law. This act shall be |
| 82 | construed to provide complete authority to issue debt in any |
| 83 | reasonable form and manner as determined by the board of |
| 84 | trustees of Holmes County Hospital Corporation that are not |
| 85 | inconsistent with general law. |
| 86 | (3) No resolution or proceeding in respect to the issuance |
| 87 | of bonds hereunder shall be necessary. The bonds authorized |
| 88 | herein shall in no event exceed on hundred seventy-five thousand |
| 89 | dollars ($175,000.00) for the construction of the Holmes county |
| 90 | hospital authorized herein and all proceeds from such bond sale |
| 91 | remaining in the hands of the Holmes county hospital corporation |
| 92 | after payment of all costs of construction of the hospital as |
| 93 | herein authorized shall be used by said corporation for |
| 94 | equipping, operating and maintaining such county hospital in |
| 95 | connection with the hospital program outlined herein. |
| 96 | Section 5. Section 18 of chapter 30843, Laws of Florida |
| 97 | (1955), as amended, is amended to read: |
| 98 | Section 18. The board shall have the power of eminent |
| 99 | domain and may thereby condemn and acquire any real or personal |
| 100 | property within the city limits of Bonifay, Florida, which the |
| 101 | board may deem necessary for the use of said hospital |
| 102 | corporation such power of condemnation shall be exercised in the |
| 103 | same manner as is now provided by the general law for the |
| 104 | exercise of the power of eminent domain by cities and towns of |
| 105 | the state of Florida. |
| 106 | Section 6. Sections 16, 17, 19, 20, 21, 22, 23, 26, and 27 |
| 107 | of chapter 30843, Laws of Florida (1955), as amended, are |
| 108 | repealed. |
| 109 | Section 7. On or before December 30, 2006, the Holmes |
| 110 | County Hospital Corporation shall call and the Supervisor of |
| 111 | Elections of Holmes County shall conduct, in accordance with the |
| 112 | provisions of law relating to elections currently in force, a |
| 113 | referendum of the qualified voters of Holmes County on the |
| 114 | question of whether the Holmes County Hospital Corporation shall |
| 115 | amend its charter to increase the corporation's bonding |
| 116 | authority to construct a new hospital facility in Holmes County |
| 117 | pursuant to section 4 of this act. |
| 118 | Section 8. This act shall take effect only if a majority |
| 119 | of those qualified electors of Holmes County voting in the |
| 120 | referendum held pursuant to this act approve the referendum |
| 121 | question in accordance with section 7, except that this section |
| 122 | and section 7 of this act shall take effect upon becoming a law. |