HB 0999

1
A bill to be entitled
2An act relating to the Lake Shore Hospital Authority,
3Columbia County; amending, codifying, reenacting, and
4repealing chapters 24443 (1947), 25736 (1949), 30264
5(1955), 61-2048, 63-1247, 65-1414, 72-509, 90-409, and 92-
6229, Laws of Florida, relating to the authority; providing
7definitions; providing for a governing body; providing for
8the governing body's purposes, powers, duties, and
9responsibilities; authorizing the issuance of revenue
10bonds, incidental powers, and refunding bonds; providing
11remedies for any holder of bonds or trustee; providing for
12transfer of existing facilities; providing exemption of
13property from taxation; providing that bonds shall
14constitute legal investments; providing that act is
15complete and additional authority; providing taxing
16authority, including authority to levy ad valorem taxes;
17providing construction of act; providing severability;
18repealing special acts relating to the authority;
19providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Pursuant to section 189.429, Florida Statutes,
24this act constitutes the codification of all special acts
25relating to the Lake Shore Hospital Authority.  It is the intent
26of the Legislature in enacting this law to provide a single,
27comprehensive special act charter for the authority, including
28all current legislative authority granted to the authority by
29its several legislative enactments and any additional authority
30granted by this act.  It is further the intent of this act to
31preserve all authority of the Lake Shore Hospital Authority,
32including the authority to annually assess and levy against the
33taxable property in Columbia County taxes.  This act shall not
34be construed to modify, amend, or alter any covenants,
35contracts, or other obligations of the authority with respect to
36bonded indebtedness or otherwise.  Nothing pertaining to the act
37shall be construed to affect the ability of the authority to
38levy and collect taxes, assessments, fees, or charges for the
39purpose of redeeming or servicing bonded indebtedness of the
40authority or for any other authorized purpose.
41     Section 2.  Chapters 24443 (1947), 25736 (1949), 30264
42(1955), 61-2048, 63-1247, 65-1414, 72-509, 90-409, and 92-229,
43Laws of Florida, are codified, reenacted, amended, and repealed
44as herein provided.
45     Section 3.  The charter for the Lake Shore Hospital
46Authority is re-created and reenacted to read:
47     Section 1.  Creation and establishment.--There is created
48and established a body corporate and politic to be known as the
49Lake Shore Hospital Authority of Columbia County.
50     Section 2.  Definitions.--The following terms whenever used
51or referred to in this act shall have the following meanings,
52except in those instances where the context clearly indicates
53otherwise:
54     (1)  "Authority" means the body politic and corporate
55created by this act and known as the Lake Shore Hospital
56Authority of Columbia County.
57     (2)  "Bonds" means and includes the notes, revenue bonds,
58refunding revenue bonds, or other evidence of indebtedness or
59obligations in either temporary or definitive form which the
60authority is authorized to issue pursuant to this act.
61     (3)  "County" means the County of Columbia.
62     (4)  "Facility" or "facilities" means the Lake Shore
63Hospital, other hospitals, clinics, outpatient departments, and
64other appurtenant facilities of the authority.
65     (5)  "Federal agency" means and includes the United States,
66the President of the United States, and any department of, or
67corporation, agency, or instrumentality heretofore or hereafter
68created, designated, or established by, the United States.
69     (6)  "Members" means the governing body of the authority
70and the term "member" means one of the individuals constituting
71such governing body.
72     (7)  "Revenues" means all rates, fees, rentals, and other
73charges derived from the operation of the facilities of the
74authority.
75
76Words importing singular number shall include the plural number
77in each case and vice versa, and words importing persons shall
78include firms and corporations.
79     Section 3.  Governing body.--
80     (1)  The governing body of the authority shall consist of
81seven members.  Such members shall be citizens and residents of
82Columbia County who shall be appointed by the Governor.  One
83member shall be a physician engaged in the practice of medicine
84at the Lake Shore Hospital.  The present trustees of the Lake
85Shore Hospital Authority, having been appointed by the Governor,
86shall serve as the initial members of the authority until their
87respective terms of office expire.  Thereafter, the term of
88office of each appointed member shall be for 4 years.  Each
89appointed member shall hold office until his or her successor
90has been appointed and qualified.  A vacancy occurring during a
91term shall be filled only for the balance of the unexpired term.
92     (2)  No elected public official shall be a member of the
93authority.
94     (3)  The members of the authority shall not be entitled to
95compensation as such, but shall be entitled to reimbursement for
96their actual and necessary expenses incurred in the performance
97of their official duties.
98     (4)  Four members of the authority shall constitute a
99quorum and ordinances or resolutions enacted or adopted by a
100vote of a majority of the members shall become effective without
101publication or posting or any further action of the authority.
102     Section 4.  Officers.--Immediately after the effective date
103of this act, the members of the authority shall meet and qualify
104by taking the oath of office regularly prescribed for state and
105county officials in the state.  They shall maintain a place
106within Columbia County for the principal office of the
107authority, where the members shall meet at least once each month
108for the transaction of business.  The members shall annually
109elect from among their number a chair, one or more vice chairs,
110and a secretary and treasurer, except that the offices of
111secretary and treasurer may be combined.  The chair, or a vice
112chair presiding in his or her absence, shall not be entitled to
113vote upon any matter before the authority except when the votes
114that have been cast shall be evenly divided.  The treasurer
115shall give a bond by a reputable bonding company authorized to
116do business in the state, in an amount to be designated by a
117majority vote of the members, conditioned upon the faithful
118performance of his or her duties.  The members are hereby
119authorized to pay the secretary and the treasurer salaries and
120expenses commensurate with the work done and in keeping with the
121salaries paid from time to time by other businesses for like
122work.
123     Section 5.  Duties of secretary and treasurer.--It shall be
124the duty of the secretary to keep full and correct minutes of
125all proceedings and meetings of the authority and it shall be
126the duty of the treasurer to keep separate accounts of all
127receipts and disbursements of the authority.
128     Section 6.  Control of expenditures.--The members shall
129have exclusive control of all expenditures of and from the
130moneys, loan proceeds, contributions, receipts, revenues, and
131collections of the authority, except that persons who shall
132desire to make contributions for the benefit of any facility or
133facilities of the authority shall have the right to attach
134conditions to their gifts, and the authority, upon accepting any
135such contribution, shall be controlled by the terms of the gift,
136bequest, or devise.
137     Section 7.  Purposes and powers.--The authority is created
138and shall have the power generally to acquire, construct,
139improve, enlarge, repair, equip, operate, and maintain hospitals
140and hospital facilities in Columbia County.  The authority is
141granted the following rights and powers and shall have and may
142exercise all powers necessary or appurtenant, convenient, or
143incidental to the carrying out of the powers enumerated in this
144act:
145     (1)  To sue and be sued, implead, complain, and defend in
146all courts.
147     (2)  To adopt, use, and alter at will a corporate seal.
148     (3)  To acquire, own, hold, purchase, construct, improve,
149maintain, operate, extend, equip, repair, own, and lease
150hospitals, clinics, outpatient departments, and other
151appurtenant facilities, including, without limitation, all
152lands, buildings, structures, furniture, fixtures, machinery,
153equipment, books, records, and all other real and personal
154property of any kind and nature whatsoever presently owned,
155controlled, maintained, and operated or which was heretofore or
156may hereafter be acquired, constructed, or improved by the Lake
157Shore Hospital Authority of Columbia County.
158     (4)  To acquire, purchase, hold, own, operate, and lease
159and use any franchises, properties, real, personal, or mixed,
160tangible or intangible, or any interest therein necessary or
161desirable for carrying out the purposes of the authority and
162this act and to sell, lease, transfer, and dispose of any
163property or interest therein at any time acquired by it.
164     (5)  To provide at one time or from time to time for the
165issuance of bonds as hereinafter provided.
166     (6)  To enter into and make leases, either as lessee or
167lessor, for such period or periods of time and under such terms
168and conditions as the authority shall determine. Such leases may
169be entered into for buildings, structures, or facilities
170constructed or acquired or to be constructed or acquired by the
171authority, or may be entered into for lands owned by the
172authority when the lessee of said lands agrees as a
173consideration for said lease to construct or acquire buildings,
174structures, or facilities on said lands which will become the
175property of the authority under such terms, rentals, and other
176conditions as the authority shall deem proper.
177     (7)  To fix, alter, charge, establish, and collect rates,
178fees, rentals, and other charges for the services and facilities
179of hospitals, clinics, outpatient departments, and other
180appurtenant facilities related thereto, or any part thereof, at
181reasonable and uniform rates to be determined exclusively by the
182authority for the purposes of carrying out the provisions of
183this act.
184     (8)  To furnish temporary relief to the indigent of
185Columbia County and study the cause of their poverty; to seek a
186plan for their permanent rehabilitation; generally, to assist
187them to support themselves whenever possible to the end that
188they may cease to be a charge upon the community and, instead,
189become useful citizens thereof; and to bury the indigent dead of
190Columbia County and provide cemeteries for that purpose.
191     (9)  To make contracts of every kind and nature and to
192execute all instruments necessary or convenient for the carrying
193on of its business.
194     (10)  Without limitation of the foregoing, to borrow money
195and accept grants, contributions, or loans from, and to enter
196into contracts, leases, or other transactions with the United
197States Government or any agency thereof, the state, or any
198agency thereof, the County of Columbia, the City of Lake City,
199or with any other public body of any nature whatsoever.
200     (11)  To pledge, hypothecate, or otherwise encumber all or
201any part of the revenues and other available funds of the
202authority as security for all or any of the bonds issued by the
203authority.
204     (12)  To employ an executive director, physicians,
205surgeons, accountants, attorneys, bacteriologists, chemists,
206contractors, engineers, architects, superintendents, nurses,
207technicians, managers, construction and financial experts,
208radiologists, or any other person or persons skilled in hygiene
209or medical research, and such other employees and agents as may,
210in the judgment of the authority, be necessary, and fix their
211compensation.
212     (13)  To provide for those inhabitants of Columbia County
213who, by reason of age, infirmity, or misfortune, have claims
214upon the aid and sympathy of society.
215     (14)  To receive and accept grants, gifts, and donations
216from any person, firm, or governmental agency.
217     (15)  To do all acts and things necessary or convenient in
218the carrying out of the powers granted herein.
219     Section 8.  Maintenance and operation.--The Board of County
220Commissioners of Columbia County is hereby directed and charged
221with the duty of providing sufficient revenue for the
222maintenance and operation of the facilities of the authority
223from year to year, which such revenue, when made available,
224shall be paid over to the authority to be expended for such
225purposes.
226     Section 9.  Revenue bonds.--
227     (1)  The authority is authorized to provide by resolution
228at one time or from time to time for the issuance of bonds of
229the authority for the purpose of paying all or a part of the
230cost of acquisition, construction, equipping, repairing,
231extending, maintaining, and reconstructing any facility or
232facilities or any combination of facilities of the authority.
233The bonds of each issue shall be dated, shall bear interest at
234such rate or rates not exceeding the maximum rate authorized by
235general law, shall mature at such time or times not exceeding 40
236years from their date or dates, as may be determined by the
237authority, and may be made redeemable before maturity, at the
238option of the authority, at such price or prices and under such
239terms and conditions as may be fixed by the authority prior to
240the issuance of the bonds. The authority shall determine the
241form of the bonds, including any interest coupons to be attached
242thereto, and the manner of execution of the bonds and coupons,
243and shall fix the denomination or denominations of the bonds and
244the place or places of payment of principal and interest, which
245may be at any bank or trust company within or without the state.
246 In case any officer whose signature or a facsimile of whose
247signature shall appear on any bonds or coupons shall cease to be
248such officer before the delivery of such bonds, such signature
249or such facsimile shall nevertheless be valid and sufficient for
250all purposes the same as if he or she had remained in office
251until such delivery.  All bonds issued under the provisions of
252this act shall have all the qualities and incidents of
253negotiable instruments under the negotiable instruments laws of
254the state.  The bonds may be issued in coupon or in registered
255form, or both, as the authority may determine, and provisions
256may be made for the registration of any coupon bonds as to
257principal alone and also as to both principal and interest, and
258for the reconversion into coupon bonds of any bonds registered
259as to both principal and interest.  The issuance of such bonds
260shall not be subject to any limitations or conditions contained
261in any other law, and the authority may sell such bonds in such
262manner and for such price as it may determine to be for the best
263interest of the authority. Prior to the preparation of
264definitive bonds, the authority may, under like restrictions,
265issue interim receipts or temporary bonds with or without
266coupons, exchangeable for definitive bonds when such bonds have
267been executed and are available for delivery.  The authority may
268also provide for the replacement of any bonds which shall be
269mutilated, destroyed, or lost.
270     (2)  Such bonds may be payable from the revenues derived
271from the operation of the facilities or of any combination
272thereof and from any other funds legally available therefor.
273The bonds shall be entitled to such priorities on such revenues
274as the authority shall provide.  The issuance of such bonds
275shall not directly, indirectly, or contingently obligate the
276county to levy ad valorem taxes for their payment and the
277authority shall not convey or mortgage such facilities or any
278part thereof as security for payment of the bonds.
279     Section 10.  Incidental powers.--
280     (1)  In the discretion of the authority, each or any issue
281of such bonds may be secured by a trust agreement by and between
282the authority and a corporate trustee, which may be any trust
283company or bank having the powers of a trust company within or
284outside of the state.  Such trust agreement may pledge or assign
285the revenues to be received by the authority.  The resolution
286providing for the issuance of bonds or such trust agreement may
287contain such provisions for protecting and enforcing the rights
288and remedies of the bondholders as may be reasonable, proper,
289and not in violation of law, including covenants setting forth
290the duties of the authority in relation to the acquisition,
291construction, improvement, maintenance, operation, repair, and
292insurance of the facilities and the custody, safeguarding, and
293application of all moneys.  It is lawful for any bank or trust
294company incorporated under the laws of the state to act as such
295depository and to furnish such indemnifying bonds or to pledge
296such securities as may be required by the authority.  Such
297resolution or such trust agreement may restrict the individual
298rights of action by bondholders as is customary in trust
299agreements securing bonds or debentures of corporations.  In
300addition to the foregoing, such resolution or such trust
301agreement may contain such other provisions as the authority may
302deem reasonable and proper for the security of the bondholders.
303Except as in this act otherwise provided, the authority may
304provide, by resolution or by trust agreement, for the payment of
305the proceeds of the sale of the bonds and the revenues to such
306officer, board, or depository as it may determine for the
307custody thereof, and for the method of disbursement thereof,
308with such safeguards and restrictions as it may determine. All
309expenses incurred in carrying out such trust agreement may be
310treated as a part of the cost of operation of the facility or
311facilities affected by such trust agreement.
312     (2)  The resolution or trust agreement providing for the
313issuance of the bonds may also contain such limitations upon the
314issuance of additional revenue bonds as the authority may deem
315proper, and such additional bonds shall be issued under such
316restrictions or limitations as may be prescribed by such
317resolution or trust agreement.
318     (3)  Bonds may be issued under the provisions of this act
319without obtaining the consent of any commission, board, bureau,
320or agency of the state or county and without any other
321proceedings or the happening of any condition or thing other
322than those proceedings, conditions, or things which are
323specifically required by this act.
324     (4)  The proceeds of the bonds shall be used solely for the
325payment of the cost of the facility or facilities for which such
326bonds shall have been authorized and shall be disbursed in the
327manner provided in the resolution or in the trust agreement
328authorizing the issuance of such bonds.  If the proceeds of the
329bonds of any issue shall exceed the amount required for the
330purpose for which the same shall have been issued, the surplus
331shall be set aside and used only for paying the principal of and
332interest on such bonds.
333     Section 11.  Refunding bonds.--The authority is hereby
334authorized to provide by resolution for the issuance of
335refunding revenue bonds for the purpose of refunding any bonds
336then outstanding and issued under the provisions of this act.
337The authority is further authorized to provide by resolution for
338the issuance of bonds for the combined purpose of paying the
339cost of any acquisition, construction, repair, extensions,
340additions, equipping, and reconstruction of any facilities of
341the authority, and refunding bonds of the authority which shall
342theretofore have been issued under the provisions of this act
343and shall then be outstanding.  The issuance of such
344obligations, the maturities and other details thereof, the right
345and remedies of the holders thereof, and the rights, powers,
346privileges, duties, and obligations of the authority with
347respect to the same shall be governed by the foregoing
348provisions of this act insofar as the same may be applicable.
349     Section 12.  Remedies.--Any holder of bonds issued under
350the provisions of this act or any of the coupons appertaining
351thereto and the trustee under any trust agreement, except to the
352extent that the rights herein given may be restricted by such
353trust agreement, may, either at law or in equity, by suit,
354action, mandamus, or other proceedings, protect and enforce any
355and all rights under the laws of the state or granted hereunder
356or under such trust agreement or the resolution authorizing the
357issuance of such bonds, and may enforce and compel the
358performance of all duties required by this act or by such trust
359agreement or resolution to be performed by the authority or by
360any officer thereof.
361     Section 13.  Transfer of existing facilities.--
362     (1)  On the effective date of this act, all of the right,
363title, and interest of the Lake Shore Hospital District and Lake
364Shore Hospital Corporation in and to the existing hospital
365facilities situated in Lake City, Columbia County, and known as
366the Lake Shore Hospital, including all land, buildings,
367structures, furniture, fixtures, machinery, equipment, books,
368records, and all other real and personal property of any kind
369and nature whatsoever, and all powers, jurisdiction, and control
370over or relating thereto, heretofore vested in the Columbia
371County Board by reason of chapter 30264, Laws of Florida (1955),
372as amended, shall, upon request of the authority, be
373transferred, set over, assigned, and conveyed to said authority,
374and the said Lake Shore Hospital Board shall thereupon transmit
375to the proper officers of the authority all deeds, conveyances,
376documents, books, and records relating to said Lake Shore
377Hospital Board and shall execute all necessary documents and
378papers to carry out and consummate the conveyance and transfer
379of said property to said authority.
380     (2)  This section, without reference to any other laws,
381shall be deemed to be and shall constitute complete authority
382for the transfer, assignment, and conveyance herein authorized.
383Any provisions of other laws to the contrary notwithstanding and
384no proceedings or other actions shall be required, except as
385herein prescribed.
386     Section 14.  Exemption of property from taxation.--The
387effectuation of the purposes of the authority created under this
388act is in all respects for the benefit of the people of the
389state and of Columbia County, for the increase of their commerce
390and prosperity. The exercise of the powers by the authority,
391conferred by this act, to effect such purposes constitutes the
392performance of essential county functions and is declared to be
393a county purpose. As the facilities owned, operated, supervised,
394and controlled by the authority, under the provisions of this
395act, constitute public property and are used for county
396purposes, the authority shall not be required to pay any taxes
397or assessments upon any such facilities or any parts thereof.
398     Section 15.  Bonds to constitute legal investments.--Any
399bonds issued pursuant to this act shall be and constitute legal
400investments for banks, savings banks, trustees, executors,
401administrators, and all other fiduciaries for all state,
402municipal, and public funds and shall also be and constitute
403securities eligible for deposit as security for all state,
404municipal, or other public funds notwithstanding the provisions
405of any other law or laws to the contrary.
406     Section 16.  Act complete and additional authority.--The
407powers conferred by this act shall be in addition and
408supplemental to the existing powers of the authority, if any,
409and this act shall not be construed as repealing any of the
410provisions of any other law, whether general, special, or local,
411but shall be deemed to supersede such other law or laws in the
412exercise of the powers provided in this act insofar as such
413other law or laws are inconsistent with the provisions of this
414act and to provide a complete method for the exercise of the
415powers granted herein.
416     Section 17.  Taxing authority.--
417     (1)  The members of the Lake Shore Hospital Authority of
418Columbia County are authorized to request, by resolution of said
419hospital authority, the Board of County Commissioners of
420Columbia County to levy a tax not to exceed 3 mills on all
421taxable property in the county for the purpose of maintenance
422and operation of the hospital and facilities and for providing
423health care for the indigent residents of Columbia County.
424     (2)  Upon request by resolution of the Lake Shore Hospital
425Authority, the Board of County Commissioners of Columbia County
426shall levy a tax upon all the taxable property in the county for
427the purpose of maintenance and operation of the hospital and
428facilities and care of the indigent residents of Columbia County
429in an amount not to exceed 3 mills. Upon the assessment and
430collection of said tax, the county tax collector shall remit the
431moneys thereby collected to the director of the authority.
432     Section 18.  Construction of act.--This act shall be
433construed as remedial and shall be liberally construed to
434promote the purpose for which it is intended.
435     Section 19.  If any section, clause, or provision of this
436act shall be held unconstitutional, void, or ineffective for any
437reason in whole or in part, to the extent that it is not
438unconstitutional or ineffective, it shall be valid and
439effective, and no other section, clause, or provision shall on
440account thereof be deemed invalid or ineffective.
441     Section 4.  Chapters 24443 (1947), 25736 (1949), 30264
442(1955), 61-2048, 63-1247, 65-1414, 72-509, 90-409, and 92-229,
443Laws of Florida, are repealed.
444     Section 5.  This act shall take effect upon becoming a law.


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