HB 0999

CS

CHAMBER ACTION

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

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