HB 1245

1
A bill to be entitled
2An act relating the North Broward Hospital District,
3Broward County; codifying, amending, reenacting, and
4repealing chapters 27438 (1951), 61-1931, 61-1937, 63-
51192, 65-1316, 65-1319, 67-1170, 67-1171, 69-895, 69-898,
669-914, 70-622, 71-567, 71-576, 71-578, 73-411, 73-412,
773-413, 74-449, 75-347, 75-348, 76-338, 77-508, 78-481,
880-464, 80-468, 81-354, 84-399, 86-369, 87-508, 90-485,
991-351, 97-372, and 2002-363, Laws of Florida; codifying
10the district charter; providing severability; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  (1)  The reenactment of existing law in this
16act shall not be construed as a grant of additional authority to
17nor to supersede the authority of any entity pursuant to law.
18Exceptions to law contained in any special act that are
19reenacted pursuant to this act shall continue to apply.
20     (2)  The reenactment of existing law in this act shall not
21be construed to modify, amend, or alter any covenants,
22contracts, or other obligations of the district with respect to
23bonded indebtedness. Nothing pertaining to the reenactment of
24existing law in this act shall be construed to affect the
25ability of the district to levy and collect taxes, assessments,
26fees, or charges for the purpose of redeeming or servicing
27bonded indebtedness of the district.
28     Section 2.  Chapters 27438 (1951), 61-1931, 61-1937, 63-
291192, 65-1316, 65-1319, 67-1170, 67-1171, 69-895, 69-898, 69-
30914, 70-622, 71-567, 71-576, 71-578, 73-411, 73-412, 73-413, 74-
31449, 75-347, 75-348, 76-338, 77-508, 78-481, 80-464, 80-468, 81-
32354, 84-399, 86-369, 87-508, 90-485, 91-351, 97-372, and 2002-
33363, Laws of Florida, are codified, reenacted, amended, and
34repealed as provided in this act.
35     Section 3.  The North Broward Hospital District is re-
36created and the charter for the district is re-created and
37reenacted to read:
38     Section 1.  Created.--A special tax district is hereby
39created and incorporated, to be known as the "North Broward
40Hospital District" in Broward County, which district shall
41embrace and include the following described property, situate,
42lying, and being in Broward County:
43Begin at a point where the North boundary line of
44Section 25, Township 50 South, Range 42 East,
45intersects the line of mean low tide of the Atlantic
46Ocean; thence run westerly along the North boundary
47line of Sections 25, 26, 27, 28, 29 and 30 in Township
4850 South, Range 42 East, and continue westerly along
49the North boundary line of Sections 25, 26, 27, 28, 29
50and 30 in Township 50 South, Range 41 East, to the
51westerly boundary of Range 41 East; thence southerly
52along the westerly boundary line of said Section 30 to
53a point of intersection with the North boundary line
54of Section 25, Township 50 South, Range 40 East,
55extended easterly; thence westerly along the North
56boundary line of Section 25, Township 50 South, Range
5740 East, to the northwest corner of said Section;
58thence southerly along the west boundary line of said
59Section 25 and Section 36, Township 50 South, Range 40
60East, and continuing southerly along the west boundary
61lines of Sections 1, 12, 13, 24, 25 and 36 of Township
6251 South, Range 40 East, to the southwest corner of
63said Section 36, the same being the south boundary
64line of Broward County; thence westerly along the
65south boundary line of Broward County to the southwest
66corner of said County; thence northerly along the west
67boundary line of Broward County, Florida, to the
68northwest corner of said County; thence easterly along
69the northern boundary line of Broward County, Florida,
70to a point where the north boundary line of Broward
71County intersects the line of mean low tide of the
72Atlantic Ocean; thence southerly along the mean low
73tide line of the Atlantic Ocean to the point of
74beginning, together with all areas within the
75corporate limits of the City of Fort Lauderdale, lying
76south of the south boundary line of the above-
77described property.
78     Section 2.  Subdistricts.--The North Broward Hospital
79District shall be composed of the following subdistricts:
80     (1)  Subdistrict No. 1 shall include the areas of Broward
81County from the north boundary line thereof south to a line
82running east and west along the boundary line between the City
83of Pompano Beach and the City of Lighthouse Point and extended
84east and west along the section lines which comprise said
85boundary to intersect with the Atlantic Ocean on the east and
86the western boundary of Broward County on the west.
87     (2)  Subdistrict No. 2 shall include that area of Broward
88County south of the south boundary line of subdistrict No. 1 to
89a line running east and west along the center of McNab Road and
90extended east and west along the section lines which bisect the
91right-of-way of said McNab Road to intersect with the Atlantic
92Ocean on the east and the western boundary of Broward County on
93the west.
94     (3)  Subdistrict No. 3 shall include that area of Broward
95County bounded on the north by the south boundary line of
96subdistrict No. 2, on the south along the center of Sunrise
97Boulevard, on the west by a line running north and south along
98the center of U.S. 441 (State Road #7), and on the east by the
99Atlantic Ocean.
100     (4)  Subdistrict No. 4 shall include that area of Broward
101County bounded on the north by the south boundary line of
102subdistrict No. 3, on the south by the south boundary line of
103the North Broward Hospital District, on the west by a line
104running north and south along the center of U.S. 441 (State Road
105#7), and on the east by the Atlantic Ocean.
106     (5)  Subdistrict No. 5 shall include that area of Broward
107County bounded on the north by the south boundary line of
108subdistrict No. 2, on the south by the south boundary line of
109the North Broward Hospital District, on the west by the western
110boundary of Broward County, and on the east by a line running
111north and south along the center of U.S. 441 (State Road #7).
112     (6)  Subdistrict No. 6 shall include that area of Broward
113County which comprises the entire North Broward Hospital
114District and shall be considered a subdistrict at large.
115     (7)  Subdistrict No. 7 shall include that area of Broward
116County which comprises the entire North Broward Hospital
117District and shall be considered a subdistrict at large.
118     Section 3.  Board of commissioners generally.--The
119governing body of the North Broward Hospital District shall
120consist of seven commissioners, one of whom may be a licensed
121practitioner of the healing arts as defined in chapter 458,
122Florida Statutes. All commissioners shall serve without
123compensation. Each subdistrict shall have one representative on
124the Board of Commissioners of the North Broward Hospital
125District who has resided in said subdistrict for more than 1
126year prior to appointment. Said commissioners shall be known and
127designated as the Board Of Commissioners of North Broward
128Hospital District. Members of the board of commissioners shall
129be appointed by the Governor for terms of 4 years each. The
130Governor shall have the power to remove any member of said board
131of commissioners for cause and shall fill any vacancies that may
132at any time occur therein. Each member shall give bond to the
133Governor for the faithful performance of his or her duties in
134the sum of $5,000 with a surety company qualified to do business
135in the state, as surety, which bond shall be approved and kept
136by the Clerk of the Circuit Court of Broward County. The
137premiums on said bonds shall be paid as part of the expenses of
138said district.
139     Section 4.  Powers of board of commissioners generally.--
140     (1)  The Board of Commissioners of the North Broward
141Hospital District shall have all the powers of a body corporate,
142including the power to sue and be sued under the name of the
143North Broward Hospital District; to contract and be contracted
144with; to adopt and use a common seal and to alter the same at
145pleasure; to acquire, purchase, hold, lease as lessee or lessor,
146and convey such real and personal property as said board may
147deem proper or expedient to carry out the purposes of this act
148(any lease of real or personal property entered into by the
149board of commissioners shall be for such terms as the board of
150commissioners determines is in the best interest of the
151district); to appoint and employ a superintendent and such other
152agents and employees as said board may deem advisable; to borrow
153money, incur indebtedness, and issue notes, revenue
154certificates, bonds, and other evidences of indebtedness of said
155district; to establish and support subsidiary or affiliate
156organizations to assist the district in fulfilling its declared
157public purpose of providing for the health care needs of the
158people of the district and, to the extent permitted by the State
159Constitution, to support not-for-profit organizations that
160operate primarily within the district, as well as elsewhere, and
161that have as their purposes the health care needs of the people
162of the district by means of nominal interest loans of funds,
163nominal rent leases of real or personal property, gifts and
164grants of funds, or guaranties of indebtedness of such
165subsidiaries, affiliates, and not-for-profit organizations (any
166such support of a subsidiary or affiliate corporation or
167nonaffiliated, not-for-profit corporation is hereby found and
168declared to be a public purpose and necessary for the
169preservation of the public health and for public use and for the
170welfare of the district and inhabitants thereof); to the extent
171permitted by the State Constitution, to participate as a
172shareholder in a corporation, or as a joint venture in a joint
173venture, which provides health care or engages in activities
174related thereto, to provide debt or equity financing for the
175activities of such corporations or joint ventures, and to
176utilize, for any lawful purpose, the assets and resources of the
177district to the extent not needed for health care and related
178activities; and to carry out the provisions of this charter in
179the manner hereinafter provided. Said board of commissioners,
180pursuant to chapter 218, Florida Statutes, is authorized and
181empowered, as the board of a special tax district of the state,
182to invest district "surplus funds," as defined in that chapter,
183in such a manner as allowed under section 218.415 Florida
184Statutes, or by any general law amending or superseding section
185218.415, Florida Statutes. The board of commissioners shall also
186have the power to delegate its authority to invest these surplus
187funds, as outlined above, to a state or national banking
188organization acting pursuant to a written trust agreement as a
189trustee of district funds, provided that such delegation is made
190in writing by the board of commissioners.
191     (2)  In addition to any investment authorized by general
192law, and to the extent created by the State Constitution, the
193board of commissioners shall be and is hereby authorized and
194empowered to invest any funds in its control or possession in
195accordance with an investment policy approved by the board which
196mandates prudent investment practices, which shall include,
197among other items, the investment objectives and permitted
198securities of the policy. Such investment policy shall be
199designed to maximize the financial return to the fund consistent
200with the risks incumbent in each investment and shall be
201designed to preserve the appropriate diversification of the
202portfolio. Accordingly, the following instruments are authorized
203for investment:
204     (a)  Bankers' acceptances that are drawn upon and accepted
205by a commercial bank that is a member bank of the Federal
206Reserve System, that maintains capital accounts in excess of 7.5
207percent of total assets, and which member bank or its holding
208company carries a credit rating that is one of the two highest
209alphabetical categories from at least two nationally recognized
210debt-rating agencies.
211     (b)  Commercial paper of prime quality rated by at least
212two nationally recognized debt-rating agencies in the highest
213letter and numerical rating of each agency. If not rated, such
214prime quality commercial paper may be purchased if secured by a
215letter of credit provided by a commercial bank, which bank or
216its holding company carries a credit rating in one of the two
217highest alphabetical categories from at least two nationally
218recognized debt-rating agencies.
219     (c)  Interest-bearing bonds, debentures, and any other such
220evidence of indebtedness with a fixed maturity of any domestic
221corporation within the United States which is listed on any one
222or more of the recognized national stock exchanges in the United
223States and conforms with the periodic reporting requirements
224under the Securities Exchange Act of 1934. Such obligation shall
225either carry ratings in one of the two highest classifications
226of at least two nationally recognized debt-rating agencies or be
227secured by a letter of credit provided by a commercial bank,
228which bank or its holding company carries a credit rating in one
229of the two highest alphabetical categories from at least two
230nationally recognized debt-rating agencies.
231     (d)  Negotiable direct obligations of, or obligations the
232principal and interest of which are unconditionally guaranteed
233by, the United States Government at the then-prevailing market
234rate for such securities; and obligations of the Federal Farm
235Credit Banks, Federal Home Loan Mortgage Corporation, Federal
236National Mortgage Association, or Federal Home Loan Bank or its
237district banks, including Federal Home Loan Mortgage Corporation
238participation certificates, or obligations guaranteed by the
239Government National Mortgage Association, which are purchased
240and sold under repurchase agreements and reverse repurchase
241agreements. Repurchase agreements and reverse repurchase
242agreements may be entered into only with a member bank of the
243Federal Reserve System or primary dealer in United States
244government securities. Securities purchased or repurchased by
245the hospital board shall be delivered to the hospital board or
246its agent versus payment.
247     (e)  The purchase of options so as to engage in bona fide
248hedging activities for the purpose of protecting the asset value
249of the underlying portfolio, provided the instruments for such
250purpose are traded on a securities exchange or board of trade
251regulated by the Securities and Exchange Commission or the
252Commodities Futures Trading Commission.
253     (f)  Equity securities of any corporation that is organized
254under the laws of the United States, any state, or the District
255of Columbia and that is listed on any one or more of the
256recognized national stock exchanges in the United States and
257conforms with the periodic reporting requirements under the
258Securities Exchange Act of 1934. Such securities must carry a
259rating in one of the two highest alphabetical categories from at
260least two nationally recognized equity ratings agencies.
261     (3)  The Board of Commissioners of the North Broward
262Hospital District shall have the power to enter into and
263execute:
264     (a)  Any contract known or referred to as, or which
265performs the function of, an interest rate swap agreement,
266forward payment conversion agreement, or futures contract.
267     (b)  Any contract providing for payments based on levels
268of, or changes or differences in, interest rates.
269     (c)  Any contract to exchange cash flows, payments, or
270series of payments.
271     (d)  Any type of contract called or designed to perform the
272function of interest rate floors or caps, options, puts, or
273calls to hedge or minimize any type of financial risk,
274including, without limitation, payment, rate, or other financial
275risk.
276     (e)  Any other type of contract or arrangement that the
277Board of Commissioners of the North Broward Hospital District
278determines is to be used, or is intended to be used, to manage
279or reduce the cost of indebtedness, to convert any element of
280indebtedness from one form to another, to maximize or increase
281investment return, to minimize investment return risk, or to
282protect against any type of financial risk or uncertainty.
283     Section 5.  Board of commissioners; rules of
284procedure.--Four commissioners shall constitute a quorum, and a
285vote of at least three commissioners shall be necessary to the
286transaction of any business of the district. The commissioners
287shall cause true and accurate minutes and records to be kept of
288all business transacted by them and shall keep full, true, and
289complete books of account and minutes, which minutes, records,
290and books of account shall at all reasonable times be open and
291subject to the inspection of inhabitants of said district, and
292any person desiring to do so may make or procure copy of said
293minutes, records, books of account, or such portions thereof as
294he or she may desire.
295     Section 6.  Authority to establish and maintain health care
296facilities.--The board of commissioners is hereby authorized and
297empowered to establish, construct, operate, and maintain such
298hospital or hospitals, supportive facility or facilities,
299including offices for physicians and other medically related
300personnel, entities, and activities, and facilities for the care
301of such persons requiring limited medical care and treatment as
302in their opinion shall be necessary for the needs and use of the
303people of said district. Said hospital or hospitals, supportive
304facility or facilities, and facilities for limited care and
305treatment shall be established, constructed, operated, and
306maintained by said board of commissioners for the preservation
307of the public health, for the public good, and for the use of
308the public of said district, and the maintenance of said
309hospital or hospitals, supportive facility or facilities, and
310facilities for limited care and treatment within said district
311is hereby found and declared to be a public purpose and
312necessary for the preservation of the public health and for
313public use and for the welfare of said district and inhabitants
314thereof. The location, establishment, operation, and maintenance
315of such hospital or hospitals, supportive facility or
316facilities, and facilities for limited care and treatment, as
317well as the terms, conditions, and consideration for the use
318thereof, shall be as determined and fixed by said board of
319commissioners and shall be under the exclusive authority of said
320board. The provisions and procedures shall be without reference
321to section 20. The board of commissioners is hereby further
322authorized and empowered to establish, operate, or support such
323subsidiaries, either for profit or not for profit, and not-for-
324profit affiliates for the furtherance and assistance of the
325district's fulfilling its purpose of provision for the health
326care needs of the people of the district as in the board's
327opinion shall be necessary. The board of commissioners is hereby
328further authorized and empowered, to the extent permitted by the
329State Constitution, to support nonaffiliated, not-for-profit
330organizations that operate primarily within the district, as
331well as elsewhere, and that have as their purpose the
332furtherance of the district's provision for the health care
333needs of the people of the district, by such means as in the
334board's opinion are necessary and appropriate. The board of
335commissioners is hereby further authorized, to the extent
336permitted by the State Constitution, to participate in, and to
337provide debt or equity financing for, a corporation in which the
338district is a shareholder or a joint venture in which the
339district is a joint venturer, so long as any such corporation or
340joint venture provides health care services or engages in
341activities related thereto that benefit the people of the
342district, as well as others. The establishment, operation, or
343support of such subsidiaries or affiliates, the support of such
344nonaffiliated, not-for-profit organizations, and the
345participation in and funding of such health care corporations or
346joint ventures are each hereby found and declared to be a public
347purpose and necessary for the preservation of the public health
348and welfare of the district and inhabitants thereof.
349Notwithstanding the provisions of its charter, the district
350shall comply with the requirements of section 155.40(2)(a)-(e),
351Florida Statutes, in implementing the powers provided in this
352section, section 4, and subsection (4) of section 20.
353     Section 7.  Nurse training schools; medical training and
354research programs.--
355     (1)  The board of commissioners is hereby authorized and
356empowered at any time in its discretion to establish and
357maintain, in connection with such hospital and as a part
358thereof, in accordance with state laws and regulations, a
359training school for nurses and, upon completion of a prescribed
360course of training, shall give to such nurses who have
361satisfactorily completed the course a diploma. The board of
362commissioners is authorized and empowered to set up all rules
363and regulations necessary for the operation of a nurses training
364school and to make all necessary expenditures in connection
365therewith.
366     (2)  The board of commissioners is further authorized and
367empowered to establish and maintain such clinics, medical
368training, and medical research programs in connection with the
369operation of district hospitals, including the training of
370interns and resident physicians, as the board of commissioners,
371in their discretion, might determine to be necessary or
372beneficial to the professional services in the district
373hospitals.
374     Section 8.  Eminent domain.--The board shall have the power
375of eminent domain and may thereby condemn and acquire any real
376or personal property within the territorial limits of the
377district which the board may deem necessary for the use of said
378district. Such power of condemnation shall be exercised in the
379same manner as is now provided by general law for the exercise
380of the power of eminent domain by cities and towns of the state.
381     Section 9.  Indebtedness generally.--
382     (1)  In this act:
383     (a)  The term "anticipation notes" means indebtedness
384authorized pursuant to subsections (2)-(6) which is payable from
385funds of the district as set forth therein.
386     (b)  The term "indebtedness" means any bonds, notes,
387certificates, lease participations, guaranties, or other forms
388of indebtedness payable from general revenues and other legally
389available funds of the district.
390     (2)  The district may, in order to provide facilities,
391including real and personal property, and to carry out,
392exercise, and perform its powers and duties, and for any other
393lawful purpose, borrow money from time to time as the board
394determines is in the best interest of the district and issue and
395sell the anticipation notes of the district and refund the same
396by issuing the refunding anticipation notes of the district, all
397upon such terms and having such maturities, form, and terms as
398may be determined by the board of commissioners or, if issued in
399the form of commercial paper, as may be determined by the chair,
400the vice chair, or the secretary-treasurer within guidelines and
401limits determined by the board of commissioners as provided in
402this section. The rate or rates of interest for such borrowing
403shall be as provided by general law. Further, all indebtedness
404incurred by the district shall, where required by the State
405Constitution, be contingent upon voter approval.
406     (3)  The district may borrow money and issue bond
407anticipation notes in anticipation of the issuance of bonds, all
408as provided in general law; expend the proceeds thereof for the
409purposes for which such bonds are to be issued; and pledge, by
410resolution or contract, the proceeds to be derived from the sale
411of such bonds and other legally available funds of the district
412for the payment of the principal thereof, premium therefor, if
413any, and interest thereon.
414     (4)  The district may borrow money and issue grant
415anticipation notes having such maturity as the board may
416determine in anticipation of the receipt of any federal, state,
417private, or other grant; expend the proceeds thereof for the
418purposes for which such grant has been made; and pledge, by
419resolution or contract, the moneys to be received from such
420grant and other legally available funds of the district for the
421payment of the principal thereof, premium therefor, if any, and
422interest thereon.
423     (5)  The district may borrow money and issue revenue
424anticipation notes having such maturity as the board may
425determine in anticipation of the receipt of revenues; expend the
426proceeds thereof for any other lawful purpose; and pledge, by
427resolution or contract, revenues of the district for the payment
428of the principal thereof, premium therefor, if any, and interest
429thereon.
430     (6)  The district may borrow money and issue tax
431anticipation notes having such maturity as the board may
432determine and levy, appropriate, and pledge, by resolution or
433contract, ad valorem taxes and other legally available funds of
434the district in payment of the principal thereof, premium
435therefor, if any, and interest thereon.
436     (7)  The district may issue, from time to time,
437indebtedness (which may be denominated as notes or bonds) of the
438district for the purpose of paying all or part of the cost of
439acquisition, construction, planning, and repairing of,
440extensions and additions to, and equipping, furnishing, and
441reconstruction of any hospital or hospitals or related
442facilities incidental to the foregoing as in the opinion of the
443board of commissioners are necessary or beneficial for the
444district, for refinancing any indebtedness incurred to finance
445any of the foregoing, or for reimbursement of the district for
446any cost it incurred for any of the foregoing. The indebtedness
447of each issuance shall be dated, shall mature at such time or
448times not exceeding 50 years after their date or dates, shall be
449in such denominations, shall bear interest at such rate or
450rates, including variable rates, allowed by general law, and may
451be made redeemable before maturity at the option of the board of
452commissioners at such price or prices and under such terms and
453conditions as may be fixed by the board of commissioners prior
454to the issuance of the indebtedness.
455     (8)  The district may issue all forms of indebtedness
456described in subsections (3)-(7) in the form of commercial paper
457and, if issued in such form, the resolution authorizing the
458issuance thereof may provide for the renewal, refunding, or
459rollover thereof from time to time, having such maturity as the
460board shall determine. The resolution authorizing the issuance
461of such indebtedness in the form of commercial paper may set
462forth guidelines and limits pertaining to the maximum aggregate
463principal amount of such indebtedness which may be outstanding
464at any one time, the longest maturity any such indebtedness may
465bear, the form of such indebtedness, the terms (including
466redemption provisions, the maximum redemption premium which may
467be permitted, schedules for the amortization of principal and
468interest which may be permitted, and such other provisions as
469the board of commissioners may determine), and the maximum rate
470of interest authorized by general law and may authorize the
471chair, the vice chair, the secretary-treasurer, or any one or
472more of them, from time to time, to determine, within such
473guidelines and limits, the date or dates on which said
474indebtedness shall be issued, the aggregate principal amount of
475indebtedness to be issued at such time, the maturity date or
476dates of such indebtedness, and the form and terms of such
477indebtedness (including provisions for redemption thereof, the
478amount of any redemption premium, the schedule for the
479amortization of principal and payment of interest, and other
480provisions as authorized by the board) and to sell, issue, and
481deliver the same pursuant to such authorization. Any resolution
482authorizing a negotiated sale of indebtedness in the form of
483commercial paper to any class of purchaser may likewise
484authorize the negotiated sale of renewal, refunding, or rollover
485indebtedness to such class of purchaser and may contain such
486other provisions as the board may authorize.
487     (9)  Any indebtedness authorized pursuant to subsections
488(3)-(7) may be issued in the form of demand obligations or
489obligations which the holder thereof may request payment for by
490the district upon the occurrence of specified events. The board
491of commissioners shall determine the form of such indebtedness,
492which shall be executed according to general law, and shall fix
493the denomination or denominations of indebtedness and the place
494or places of payment of principal of and interest thereon, which
495may be at any bank or trust company within or without the state.
496All forms of indebtedness shall be executed in the name of the
497district by the chair of the board of commissioners and
498countersigned and attested by the secretary of the board, and
499its corporate seal or facsimile shall be attached thereto or
500reproduced thereon, all in the manner provided by the resolution
501authorizing such indebtedness. All indebtedness issued under the
502provisions of this act is hereby declared to have all the
503qualities and incidents of negotiable instruments under the
504Uniform Commercial Code and the laws of this state. Such
505indebtedness shall be issuable in bearer form or shall be
506registrable in the name of the owner or nominee thereof in the
507manner provided by general law.
508     (10)  The district is hereby authorized to enter into
509agreements providing for the issuance, repayment, and securing
510of letters of credit, insurance, or any other credit enhancement
511device with any financial institution, as the board of
512commissioners may determine, to further secure any of its
513indebtedness.
514     Section 10.  Bonds.--District bonds shall be issued or sold
515in such manner and at such rate or rates of interest as
516authorized by general law. Such bonds may be sold at par or at
517such premium or discount as the board of commissioners
518determines, in keeping with general law.
519     Section 11.  Acceptance of promissory notes.--The board of
520commissioners is hereby authorized and empowered, in order to
521provide for and carry out the purposes of this act, to
522compromise and settle any accounts receivable or other claim for
523money due and owing to the district through the acceptance of
524promissory notes according to such terms and conditions as the
525board, in its discretion, may determine; however, said board of
526commissioners is hereby prohibited from assigning, selling, or
527setting over said promissory note to commercial institutions or
528private collection agencies for collection.
529     Section 12.  Payment of funds.--The funds of the North
530Broward Hospital District shall be paid out and disbursed
531according to the manner and procedure established by the board
532of commissioners of said district. The board of commissioners is
533hereby authorized and empowered to designate disbursing agents
534to act on behalf of the North Broward Hospital District for
535approval of warrants for payment and for the execution of checks
536and drafts upon district accounts.
537     Section 13.  Property tax authorized.--The Board of
538Commissioners of the North Broward Hospital District is hereby
539authorized, empowered, and directed annually to levy upon all
540the real and personal taxable property in said district a
541sufficient tax, not to exceed 2.5 mills, necessary for the
542purposes herein granted and to levy other lawful taxes to pay
543interest and provide and maintain a sinking fund for payment of
544interest and principal of the bonds provided for and authorized
545by this act.
546     Section 14.  Property tax levy.--The levy by said board of
547commissioners of the taxes authorized by any provision of this
548act shall be by resolution of said board duly entered upon the
549minutes of the board. Certified copies of such resolution
550executed in the name of the board by its chair, under its
551corporate seal, shall be made and delivered to the Board of
552County Commissioners of Broward County and to the Florida Chief
553Financial Officer not later than 60 days after the millage is
554certified by the property appraiser or such other time as may be
555specified by general law. It shall be the duty of the County
556Commissioners of Broward County to order and require the county
557property appraiser of said county to assess, and the county tax
558collector of said county to collect, the amount of taxes so
559assessed or levied by the board upon the taxable property in
560said district, not exempt by law, at the rate of taxation
561adopted by said board of commissioners of said district for said
562year and included in the warrant of the property appraiser and
563attached to the assessment roll of taxes for said county each
564year. The tax collector shall collect such tax so levied by said
565board in the same manner as other taxes are collected and shall
566pay the same over to the Board of Commissioners of the North
567Broward Hospital District within the time and in the manner
568prescribed by law for the payment by the tax collector of county
569taxes to the county depository. It shall be the duty of the
570Florida Chief Financial Officer to assess and levy taxes on all
571the railroad lines and railroad property and telegraph lines and
572telegraph property situated or located in said district,
573including all telephone lines. The taxes shall be assessed by
574the same officer as are county taxes upon such property, and
575such taxes shall be remitted by the collecting officer to the
576Board of Commissioners of the North Broward Hospital District.
577All such taxes shall be held by said board of commissioners and
578paid out by them as provided in this act. The board is
579authorized to pay necessary expenses to the aforenamed officers
580for the assessment and collection of taxes on a reasonable fee
581basis.
582     Section 15.  Payment of district expenses.--The board of
583commissioners is authorized to pay from the funds of the
584district all expenses of the organization of said board, all
585expenses necessarily incurred with the formation of said
586district, and all other reasonable and necessary expenses,
587including the fees and expenses of an attorney in the
588transaction of the business of the district and in carrying out
589and accomplishing the purposes of this act. This section,
590however, shall not be construed to restrict any of the powers
591vested in said board of commissioners by any other section or
592provision of this act.
593     Section 16.  Publication of annual financial statement.--At
594least once in each year, the board of commissioners shall
595publish once in a newspaper published in the district a complete
596detailed statement of all moneys received and disbursed by them
597since the creation of the district as to the first published
598statement and since the last published statement as to any other
599year. Such statement shall also show the several sources from
600which said funds were received and shall show the balance on
601hand at the time of the published statement. It shall show a
602complete statement of the condition of the district.
603     Section 17.  Persons authorized to be treated at
604facilities.--Each hospital or clinic established under this act
605shall be for the use and benefit of the residents of the
606district. Such residents shall be admitted to such hospital or
607clinic and be entitled to hospitalization, subject, however, to
608the rules and regulations prescribed by the board of
609commissioners, which rules and regulations are effective as of
610the date of admission of a patient or patients to said hospital
611or clinic. Such hospital or clinic may care for and treat
612without charge patients who are found by the board of
613commissioners to be indigent, but such board may collect from
614patients financially able such charges as the board of
615commissioners may from time to time establish. The board of
616commissioners may exclude from treatment and care any person
617having a communicable or contagious disease, where such disease
618may be a detriment to the best interests of such hospital or
619clinic or a source of contagion or infection to the patients in
620its care, unless such hospital has a separate building or ward
621for the special treatment of such patients and can properly and
622with safety to the other patients retain such communicable or
623contagious case in such separate ward or building. Said board of
624commissioners may extend the privileges and use of such hospital
625or clinic to nonresidents of the district upon such terms and
626conditions as the board may from time to time by its rules and
627regulations provide; however, the residents of the district
628wherein such hospital or clinic is located shall have first
629claim to admission.
630     Section 18.  Medical staff generally.--
631     (1)  The Board of Commissioners of the North Broward
632Hospital District shall authorize and establish one medical
633staff for the direction and control of the practitioners, and to
634ensure the performance of necessary professional services, in
635the hospitals and facilities operated by the North Broward
636Hospital District. The board of commissioners is hereby
637authorized and empowered to establish reasonable bylaws, rules,
638and regulations thereof and to prescribe and establish in said
639bylaws, rules, and regulations reasonable professional duties
640and responsibilities for members of the staff so that the
641welfare and health of the patients and the best interest of the
642hospitals may at all times be served.
643     (2)  The board of commissioners is hereby authorized and
644empowered to grant or refuse, revoke, and suspend membership on
645the staff and to grant or refuse, revoke, or suspend any
646privileges attendant to such membership so that the welfare and
647health of the patients and the best interest of the hospitals
648may at all times be best served. In addition:
649     (a)  The board of commissioners is hereby authorized and
650empowered to establish such standards of good moral character,
651professional ethics, professional competency, and professional
652conduct to be prerequisites for membership on the staff as the
653board, in its reasonable discretion, shall determine to be
654necessary for the protection of the health and welfare of the
655patients and the hospital, but the failure of the board of
656commissioners to establish such standards by rule or regulation
657shall not destroy the power of the board to determine membership
658on the staff according to the authority, requirements, and
659standards otherwise prescribed by this act. The board of
660commissioners is further authorized and empowered to require
661members of the staff to abide by all the rules, regulations, and
662bylaws established by the board of commissioners under the
663authorization of this act; to require the performance of those
664professional duties and responsibilities prescribed by said
665rules, regulations, and bylaws; and to enforce such requirements
666by the revocation and suspension of staff membership and
667privileges. No person shall be eligible for membership on the
668staff, be eligible for any privilege of the practice of medicine
669in any hospital or facility operated by said district, or retain
670or possess any membership upon the staff or any privilege of the
671practice of medicine in any of said hospitals or facilities
672unless he or she is a graduate of a medical school recognized
673and approved by the Florida Board of Medicine with the degree of
674doctor of medicine and possesses a valid license to practice
675medicine as prescribed and required by chapter 458, Florida
676Statutes, or, in the alternative, unless he or she possesses a
677valid license from the Florida Board of Dentistry to practice
678dentistry as prescribed and required by chapter 466, Florida
679Statutes.
680     (b)  Whenever the board of commissioners considers the
681refusal, revocation, or suspension for a period of more than 30
682days of staff membership of any person, or any privileges
683attendant to such membership, a hearing shall be held before the
684board of commissioners, or before such examining board as the
685board of commissioners might establish for the purpose of taking
686and hearing testimony and evidence and reporting to the board
687thereon, upon the objections to such person's membership and
688privileges.
689     (c)  Whenever a hearing upon the staff membership and
690privileges of any person is required by this act, reasonable
691notice shall be given to the person concerned by registered mail
692of the time and place of such hearing, and the nature of the
693objections to the person's membership and privileges shall be
694made solely upon the record of such hearing and the findings and
695conclusions made therefor.
696     (d)  The board of commissioners, or such administrative
697personnel and personnel of the staff and hospitals as the board
698may authorize and designate, is authorized and empowered to
699suspend any membership on the staff, and any or all privileges
700attendant thereto, for a period of less than 31 days without
701hearing prior to such suspension whenever it appears that delay
702in such suspension would cause an immediate danger to the
703hospital or any patient thereof or whenever it appears that the
704suspended physician has failed to abide by a prescribed rule of
705administrative or staff procedure in willful or negligent
706violation of hospital discipline. It is further provided that
707any staff member suspended for a period of less than 31 days
708without hearing shall, upon written request to the chair of the
709board of commissioners, be granted by said chair a speedy
710hearing in the same manner and according to the same procedure
711as prescribed for other determinations of staff membership and
712privileges.
713     (e)  A decision of the board of commissioners to refuse,
714revoke, or suspend membership on the staff or to refuse, revoke,
715or suspend any privilege attendant to such membership is hereby
716declared to be a quasi-judicial function of the board, and any
717hearing held for the purpose set forth in this section shall be
718held and conducted in accordance with general law relating to
719quasi-judicial hearings and determinations. Judicial review of
720such decision shall be by certiorari to the Fourth District
721Court of Appeal in the time and manner prescribed by the Florida
722Appellate Rules unless the provisions of such appellate rules
723confer exclusive jurisdiction upon the Supreme Court of Florida.
724The board of commissioners shall establish such rules of
725procedure for hearing required by this act as are reasonably
726necessary to ensure an orderly, fair, and impartial proceeding
727in which all facts relevant to the objections to the person's
728membership and privileges may be heard by the examining
729authority.
730     (f)  The testimony at any hearing required by this section
731shall be stenographically or mechanically recorded, and such
732record shall thereafter be transcribed. Such transcription,
733together with all notices to the person concerned; all
734documents, exhibits, and demonstrative evidence submitted to the
735examining authority for consideration at the hearing; all
736findings and recommendations of the examining authority, if any;
737and all findings and decisions of the board of commissioners
738relevant to those proceedings shall be preserved by the district
739as a permanent record of the proceedings. The physician
740concerned shall be entitled to a copy or copies of such
741permanent record, certified by the chair of the board of
742commissioners to be a true copy thereof, upon written request
743and payment of a reasonable cost of preparation.
744     (g)  All documents, testimony, and evidence relevant to the
745proceeding or the issues thereof and the official record of such
746proceeding shall be confidential to the North Broward Hospital
747District and the physician concerned, or his or her attorneys
748and agents, as provided by law. After the final decision of the
749board of commissioners upon the refusal, revocation, or
750suspension of membership on the staff or the privileges
751attendant thereto, the official record of such proceeding as
752required by this act may be made public upon the mutual
753agreement of the board of commissioners and the physician
754concerned or may be made public by the filing thereof with a
755court of law for purposes of judicial review.
756     (3)  The Board of Commissioners of the North Broward
757Hospital District is hereby authorized and empowered to employ
758professional and nonprofessional personnel necessary to the
759effective and lawful operation of the hospital and facilities of
760the district, including, but not limited to:
761     (a)  Registered, practical, and student nurses and nurse's
762aides.
763     (b)  Physicians licensed or approved by the Florida Board
764of Medicine necessary to provide emergency medical care and
765treatment in the emergency rooms of the district hospitals.
766     (c)  Interns and resident physicians who are engaged in an
767authorized medical training program of the district.
768     (d)  Physicians licensed by the Florida Board of Medicine
769and technicians specially trained in the basic sciences allied
770with, and necessary to, the practice of medicine who are
771necessary to an authorized medical training program of the
772district or who are necessary to provide professional advice and
773services to medical staff physicians.
774
775All physicians employed by the North Broward Hospital District
776as authorized in this subsection shall be members of the medical
777staff and subject to the medical staff bylaws, rules, and
778regulations.
779     (4)  The Board of Commissioners of the North Broward
780Hospital District is further authorized and empowered to
781establish reasonable rules and regulations to govern the
782operation of district hospitals and facilities and to govern and
783control the conduct of all employees, patients, private duty
784nurses, guests, visitors, or any other parties or persons who
785are in any manner upon or using the premises and facilities of
786any district hospital or facility so that the health and welfare
787of the patients and the best interest of the hospital will at
788all times be served.
789     Section 19.  Pension plan and insurance benefits for
790employees.--The North Broward Hospital District is authorized
791and empowered to create an employees' pension fund to provide
792for life, disability, and medical insurance for all or any of
793its employees or officers on a group insurance or other
794acceptable plan approved by said Board of Commissioners of North
795Broward Hospital District; to establish and create by resolution
796an employees' pension, annuity, and retirement plan for any and
797all groups of officers and employees employed by the North
798Broward Hospital District and qualifying for such plan; and to
799pay all or such portion of the cost of any such employees'
800pension, annuity, and retirement plan from funds available to
801the district from its authorized sources, with the employees
802defraying the balance thereof, if any, as said board of
803commissioners by resolution may determine for any and all groups
804of officers and employees employed by said North Broward
805Hospital District. The Board of Commissioners of the North
806Broward Hospital District is authorized to invest and reinvest
807available funds of the pension fund in accordance with the
808provisions of sections 215.44-215.53, Florida Statutes.
809     Section 20.  Sale or lease of property.--The board of
810commissioners is authorized and empowered to lease or sell any
811real or personal property owned by the North Broward Hospital
812District or to otherwise relinquish and dispose of the
813district's title in such property according to the following
814terms and conditions:
815     (1)  Any real or personal property of a fair value of less
816than an amount to be determined from time to time by resolution
817of the board of commissioners may be sold, or the title disposed
818of, according to the manner and procedure and the terms and
819conditions the board of commissioners at the time might
820determine.
821     (2)  Any real or personal property of a fair value in
822excess of the amount established from time to time by resolution
823of the board of commissioners pursuant to subsection (1) may be
824sold or disposed of after the board of commissioners has
825determined by appropriate resolution that such property is
826surplus to the needs and requirements of the district and after
827the board of commissioners has submitted the property to the
828general public for offers by publishing a notice of intent to
829dispose of property in a newspaper of general circulation in the
830North Broward Hospital District at least 30 days in advance of
831such sale or other disposition. Any person desiring such
832property shall submit his or her offer to buy to the board of
833commissioners during such 30-day period, or during such longer
834period as the board might establish, along with the terms and
835conditions of such offer. The published notice shall be
836sufficient if it reasonably identifies the property in question
837and informs any persons interested in such property that the
838board of commissioners desires to dispose of said property and
839seeks offers to buy thereon. It is not required that such notice
840specify the terms or conditions desired by the district, and if
841such terms and conditions are included in such notice or
842otherwise provided, they are to be for general information only
843and shall not prevent the board of commissioners from accepting
844different terms and conditions which the board might determine
845to be more beneficial to the district. Offers submitted by the
846bidders are not required to be sealed or to be kept confidential
847to the district, unless otherwise specified in the published
848notice, and any bidder may submit any number of alternate offers
849at any time during the bidding period.
850     (3)  The board of commissioners is hereby authorized and
851empowered to accept any bid upon surplus property and to sell or
852otherwise convey said property in accordance with the provisions
853of this section or to reject all the bids as the board of
854commissioners might determine to be in the best interests of the
855district.
856     (4)  The board of commissioners is authorized and empowered
857to convey to Broward County, to any municipality or any other
858governmental body or agency of the state or of the United States
859located partially or entirely within the boundaries of the North
860Broward Hospital District, to any subsidiary, either for profit
861or not for profit, to any not-for-profit affiliate of the
862district, or to any not-for-profit organization that operates
863primarily within the district and that supports the district's
864provision for the health care needs of the people of the
865district any property for a nominal consideration and according
866to those terms and conditions as the board of commissioners may
867at that time determine, regardless of the value of such
868property, whenever it appears to the board of commissioners that
869such conveyance would be in the best interests of the district
870and the residents thereof; however, such conveyance for nominal
871consideration to other than such subsidiaries, affiliates, or
872not-for-profit organizations as described in this subsection
873shall not be made until at least 30 days after the terms and
874conditions thereof have been published in a newspaper of general
875circulation in the North Broward Hospital District or until
876residents and taxpayers of the district have been afforded an
877opportunity to be heard upon such conveyance at a regular
878meeting of the board of commissioners. It is further provided,
879however, that the board of commissioners is authorized to give,
880grant, sell, or convey any easements or rights-of-way for the
881use of the public, for the use of public utilities, or to
882support in any manner deemed necessary and appropriate by the
883board of commissioners a subsidiary, affiliate, or not-for-
884profit organization as described in this subsection without any
885requirement for advertising or public hearing.
886     Section 21.  Donations to district.--Any person or persons,
887firm, organization, corporation, or society, public or private,
888desiring to make donations of money, personal property, or real
889estate for the benefit of such district shall have the right to
890vest title of the money, personal property, or real estate so
891donated in said county to be controlled when accepted by the
892commissioners of said district according to the terms of the
893deed, gift, devise, or bequest of such property.
894     Section 22.  Acquisition of property from the City of Fort
895Lauderdale.--The Board of Commissioners of the North Broward
896Hospital District is authorized and empowered to acquire, by
897gift, purchase, lease, or otherwise, personal or real property
898for the benefit of such hospital or hospitals; to enter into
899agreements or contracts in the acquisition of such real estate
900or personal property; and to pledge, encumber, or mortgage the
901acquired property as security for the debt incurred in the
902acquisition or purchase thereof. Notwithstanding the Charter of
903the City of Fort Lauderdale to the contrary, the Board of
904Commissioners of the North Broward Hospital District and the
905City of Fort Lauderdale are authorized and empowered to
906negotiate for the sale, transfer, acquisition, purchase, or
907conveyance of the present hospital or hospitals now owned by the
908City of Fort Lauderdale under such terms, conditions, and
909agreements as are acceptable to the City of Fort Lauderdale and
910to the district. All sales, transfers, or conveyances by the
911City of Fort Lauderdale to the North Broward Hospital District
912are hereby declared to be valid and binding, and all laws in
913conflict therewith are hereby declared to be repealed and
914invalid.
915     Section 23.  Establishment of hospitals without issuance of
916bonds.--If the Board of Commissioners of the North Broward
917Hospital District, by reason of funds on hand, donations, or
918otherwise, is able to build and establish a hospital or
919hospitals without issuing bonds, the board of commissioners is
920hereby authorized and empowered to establish such hospital or
921hospitals.
922     Section 24.  Competitive bids to be sought; procedure;
923authority to negotiate contracts; group purchasing.--
924     (1)(a)  All purchases of supplies, equipment, and materials
925for use in the operation and maintenance of a hospital or
926hospitals in excess of an amount to be determined from time to
927time by resolution of the board of commissioners not to exceed
9281.5 mills of the total annual district revenues, and all
929contracts for construction of improvements authorized under this
930act at a contract price in excess of said amount, shall be
931approved only after competitive conditions have been maintained
932and competitive bids sought from at least three different
933sources of supply, but this does not necessarily require
934newspaper advertising. The board of commissioners shall have the
935authority to modify or negotiate to the extent provided in
936subsection (2).
937     (b)  All purchases of supplies, equipment, and materials
938for use in the operation and maintenance of a hospital or
939hospitals in excess of an amount to be established from time to
940time by resolution of the board of commissioners not to exceed
9411.5 mills of the total annual district revenues, and all
942contracts for construction of improvements authorized under this
943act at a contract price in excess of said amount, shall be made
944or let only after an advertisement inviting bids upon such
945purchases or contracts has been published in a newspaper of
946general circulation in the North Broward Hospital District. The
947board of commissioners shall have the authority to modify or
948negotiate to the extent provided in subsection (2).
949     (c)  Bids upon such purchases or contracts shall be sealed
950and shall not be opened by the North Broward Hospital District
951until after the last bid to be considered has been received by
952the district.
953     (d)  All purchases of supplies, equipment, and materials
954for use in the operation and maintenance of a hospital or
955hospitals made by the district may be made through participation
956in group purchasing plans by or with other governmental or
957nongovernmental agencies at the discretion of the board of
958commissioners. The district may purchase in accordance with
959prices established by such group purchasing plans where it can
960be demonstrated that savings to the district would be realized.
961     (2)  Any plans and specifications provided to prospective
962bidders shall be solely for the purpose of identifying the
963purchase or construction desired, and the board of commissioners
964is hereby authorized and empowered to deviate from such plans,
965specifications, and instructions in the acceptance of any bid so
966long as the contract or purchase accepted is substantially
967similar in function and purpose to that identified. The board of
968commissioners is further authorized and empowered to agree with
969the successful bidder for changes and modifications to the
970successful bid, the total value of changes and modifications not
971to exceed 20 percent of the agreed price, without voiding the
972existing contract and without any further bidding procedure.
973     (3)  No bidding procedure prescribed in this section shall
974apply to work performed by regular employees of the district.
975     (4)  Whenever it reasonably appears to the board of
976commissioners that, by reason of an emergency or unusual
977conditions, compliance with the bidding procedures prescribed by
978this section would be detrimental to the interests of the North
979Broward Hospital District, the board of commissioners may by
980appropriate resolution identify such emergency or unusual
981condition and authorize the purchase or construction desired
982without compliance with the prescribed bidding procedures of
983this section.
984     Section 25.  Bad debts.--The board of commissioners is
985authorized to declare accounts receivable uncollectible and to
986write such accounts off the active books and financial records
987of the district as bad debts. The board of commissioners is
988further authorized to destroy the account records of those
989accounts declared to be bad debts, but such records shall not be
990destroyed earlier than 4 years after the annual audit of the
991district reflecting such writeoff has been sent to the office of
992the Florida Chief Financial Officer, as required by law.
993     Section 26.  Settlement of claims of district against
994others.--The board of commissioners shall be authorized and
995empowered to compromise and settle any accounts receivable or
996other claim on money due and owing to the district according to
997such terms and conditions as the board of commissioners in its
998discretion might determine. It is expressly provided that
999factors which may be considered by the board of commissioners in
1000such compromise are the ability of the debtors to pay and the
1001probabilities of collection in full. The board of commissioners
1002is further authorized and empowered to sell, assign, or convey
1003to any person the right, title, and interest of the district in
1004any account receivable or judgment owned by the district by full
1005or partial payment of such account or judgment as the board of
1006commissioners in its discretion might determine. The board of
1007commissioners is further authorized and empowered to subordinate
1008its interest in any mortgage or judgment lien to the interests
1009of any third parties according to such terms and conditions as
1010the board of commissioners in its discretion might determine.
1011     Section 27.  Payments to other medical institutions.--The
1012board of commissioners is authorized and empowered to obligate
1013the district for the payment of hospital and nursing home
1014expenses for patients transferred from hospitals of the district
1015to such other institutions at the district's request, provided
1016that said patients shall be first certified to be medically
1017indigent by the North Broward Hospital District, based upon the
1018definition and standards used by the state. The authority to
1019obligate the district to such institutions may be delegated by
1020the board of commissioners to such administrative officers of
1021the district as the board might believe to be necessary and
1022proper, and such obligations may be incurred by the district
1023according to such circumstances, terms, and conditions as the
1024board of commissioners might determine or specify.
1025     Section 28.  Parking facilities.--The board of
1026commissioners is authorized and empowered to establish,
1027construct, and maintain such automobile parking facilities upon
1028district property as the board of commissioners in its
1029discretion might determine to be necessary and proper to a
1030hospital facility. The board of commissioners is further
1031authorized and empowered to charge such fee for the use of such
1032facilities as it might determine.
1033     Section 29.  Medical research.--The board of commissioners
1034is hereby authorized and empowered at any time in its discretion
1035to establish, maintain, or participate in such programs and
1036projects of and for medical research, education, and development
1037affecting human physical or mental health and well being as it
1038may deem desirable. In connection with such programs and
1039projects, the board of commissioners is authorized and empowered
1040to cooperate with public and private educational or research
1041institutions, corporations, foundations, or organizations of any
1042and all types as well as agencies, departments, divisions,
1043branches, or bodies of government, or created by government,
1044whether federal, state, county, municipal, or otherwise. In
1045furtherance of such programs and projects, said board of
1046commissioners is further authorized and empowered to expend
1047moneys and utilize assets and property, real or personal, of the
1048district and to receive donations, grants, or gifts of money or
1049property, real or personal, from any person or persons, firm,
1050organization, corporation, society, institution, foundation, or
1051legal entity of whatever nature, whether private, governmental,
1052or public.
1053     Section 30.  Fiscal year.--Notwithstanding the provisions
1054of section 218.33, Florida Statutes, the fiscal year of the
1055North Broward Hospital District shall commence July 1 and end
1056June 30 of each calendar year.
1057     Section 31.  Use of Florida Industrial Development
1058Financing Act.--The district is hereby declared to be a local
1059agency as defined in section 159.27, Florida Statutes, and shall
1060have all additional powers set forth in part II of chapter 159,
1061Florida Statutes, to be exercised in furtherance of the purposes
1062of the district.
1063     Section 32.  Transfer or lease of facilities to not-for-
1064profit corporations authorized.--
1065     (1)  The district shall have the authority to transfer, by
1066lease, installment sale agreement, or otherwise, any or all of
1067its hospitals and other facilities to one or more Florida not-
1068for-profit corporations for the purpose of operating and
1069managing such facilities and to enter into leases with one or
1070more Florida not-for-profit corporations for the operating of
1071such facilities. The term of any such lease, contract, or
1072agreement and the conditions, covenants, and agreements to be
1073contained therein shall be determined by the board.
1074     (2)  Any lease, contract, or agreement made pursuant to
1075subsection (1) shall:
1076     (a)  Provide that the articles of incorporation of such
1077not-for-profit corporations initially be subject to the approval
1078of the board of commissioners of the district.
1079     (b)  Require that the not-for-profit corporations become
1080qualified under s. 501(c)(3) of the United States Internal
1081Revenue Code.
1082     (c)  Provide for the orderly transition of such facilities
1083to not-for-profit corporations.
1084     (d)  Provide for the return of such facility to the
1085district upon the termination of such agreement or the
1086dissolution of such not-for-profit corporations.
1087     Section 33.  Community Redevelopment Act of 1969.--
1088     (1)  Notwithstanding the provisions of part III of chapter
1089163, Florida Statutes, the Community Redevelopment Act of 1969,
1090the North Broward Hospital District shall not be deemed to be a
1091public body or taxing authority as those terms are used in part
1092III of chapter 163, Florida Statutes.
1093     (2)  This section shall not apply with respect to community
1094redevelopment agencies established prior to January 1, 2002.
1095     Section 34.  Liberal construction of act.--The provisions
1096of this act shall be liberally construed for accomplishing the
1097work authorized and provided for or intended to be provided for
1098in this act, and where strict construction would result in the
1099defeat of the accomplishment of any part of the work authorized
1100by this act and a liberal construction would permit or assist in
1101the accomplishment thereof, the liberal construction shall be
1102chosen.
1103     Section 4.  Severability.--Any provision of this act which
1104for any reason may be held or declared invalid or unenforceable
1105may be eliminated, and the remaining portion or portions thereof
1106shall remain in full force and be valid and enforceable as if
1107such invalid or unenforceable provision had not been
1108incorporated therein.
1109     Section 5.  Chapters 27438 (1951), 61-1931, 61-1937, 63-
11101192, 65-1316, 65-1319, 67-1170, 67-1171, 69-895, 69-898, 69-
1111914, 70-622, 71-567, 71-576, 71-578, 73-411, 73-412, 73-413, 74-
1112449, 75-347, 75-348, 76-338, 77-508, 78-481, 80-464, 80-468, 81-
1113354, 84-399, 86-369, 87-508, 90-485, 91-351, 97-372, and 2002-
1114363, Laws of Florida, are repealed.
1115     Section 6.  This act shall take effect upon becoming a law.


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