| 1 | A bill to be entitled |
| 2 | An act relating to Citrus County; providing for |
| 3 | codification of special laws relating to the Citrus County |
| 4 | Hospital Board, an independent special district in Citrus |
| 5 | County; codifying, amending, reenacting, and repealing |
| 6 | chapters 99-442 and 2001-308, Laws of Florida, as the |
| 7 | "Citrus County Hospital and Medical Nursing and |
| 8 | Convalescent Home Act"; deleting obsolete provisions; |
| 9 | making technical revisions; providing definitions; |
| 10 | authorizing the board to enter into a lease or contract |
| 11 | with a not-for-profit corporation for the purpose of |
| 12 | operating and managing the hospital and its facilities; |
| 13 | declaring a need for governance authority to fulfill the |
| 14 | hospital board's public responsibilities; providing for a |
| 15 | board of directors; providing for membership; requiring |
| 16 | that the not-for-profit corporation conform all governance |
| 17 | documents to certain requirements, if necessary; |
| 18 | authorizing ad valorem taxation; requiring that the not- |
| 19 | for-profit corporation separately account for the |
| 20 | expenditure of all ad valorem tax moneys provided by the |
| 21 | hospital board; requiring that the expenditure of all |
| 22 | public tax funds be approved in a public meeting and |
| 23 | maintained in a separate account; providing for the |
| 24 | hospital board's approval or rejection of the not-for- |
| 25 | profit corporation's articles of incorporation or bylaws, |
| 26 | selection of a chief executive officer or renewal of his |
| 27 | or her employment contract, the annual operating and |
| 28 | capital budgets, additional loan indebtedness or leases in |
| 29 | excess of a specified amount, and the not-for-profit |
| 30 | corporation's policies for travel reimbursements and |
| 31 | contract bid procedures; providing that all records of the |
| 32 | not-for-profit corporation are public records unless |
| 33 | exempt; providing that any dispute between the hospital |
| 34 | board and the not-for-profit corporation is subject to |
| 35 | court action; providing for a future operational audit of |
| 36 | the hospital board; providing application; repealing |
| 37 | chapters 99-442 and 2001-308, Laws of Florida, relating to |
| 38 | the Citrus County Hospital Board; providing severability; |
| 39 | providing an effective date. |
| 40 |
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| 41 | WHEREAS, the Citrus County Hospital Board was created by |
| 42 | the Legislature in 1949 as a special taxing district and a |
| 43 | public nonprofit corporation for the purpose of acquiring, |
| 44 | building, constructing, maintaining, and operating a public |
| 45 | hospital in Citrus County; and, in 1965, the Legislature |
| 46 | expanded the purpose of the hospital board to include operating |
| 47 | public hospitals, medical nursing homes, and convalescent homes |
| 48 | in Citrus County, and |
| 49 | WHEREAS, in 1987, the hospital board caused to be |
| 50 | incorporated a not-for-profit management corporation with the |
| 51 | original purpose of operating exclusively for the benefit of and |
| 52 | carrying out the purposes of the Citrus County Hospital Board |
| 53 | and, in 1990, entered into a long-term lease agreement with the |
| 54 | not-for-profit management corporation pursuant to section |
| 55 | 155.40, Florida Statutes, leasing all public assets, operations, |
| 56 | and management of Citrus Memorial Hospital to the not-for-profit |
| 57 | management corporation, and |
| 58 | WHEREAS, meaningful oversight by the hospital board is |
| 59 | necessitated in light of the not-for-profit corporation's status |
| 60 | as an instrumentality of the hospital district, and |
| 61 | WHEREAS, restoration of meaningful hospital board |
| 62 | representation on the board of the lessee corporation and |
| 63 | implementation of appropriate accountability and oversight by |
| 64 | the hospital board are necessitated in order to ensure the |
| 65 | sovereign immunity status of the not-for-profit corporation as |
| 66 | an instrumentality of the hospital district, and |
| 67 | WHEREAS, the ability of the hospital board to continue to |
| 68 | act in the public interest on behalf of the taxpayers of Citrus |
| 69 | County requires mechanisms to ensure adherence to the hospital |
| 70 | board's public responsibilities, and |
| 71 | WHEREAS, this act provides an appropriate and effective |
| 72 | means of addressing the lessee's performance of its |
| 73 | responsibilities to the public and to the taxpayers of Citrus |
| 74 | County, NOW, THEREFORE, |
| 75 |
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| 76 | Be It Enacted by the Legislature of the State of Florida: |
| 77 |
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| 78 | Section 1. This act constitutes the codification of all |
| 79 | special acts relating to the Citrus County Hospital Board. It is |
| 80 | the intent of the Legislature in enacting this law to provide a |
| 81 | single, comprehensive special act charter for the district, |
| 82 | including all current authority granted to the district by its |
| 83 | several legislative enactments and any additional authority |
| 84 | granted by this act. |
| 85 | Section 2. Chapters 99-442 and 2001-308, Laws of Florida, |
| 86 | relating to the Citrus County Hospital Board, are codified, |
| 87 | reenacted, amended, and repealed as provided in this act. |
| 88 | Section 3. The Citrus County Hospital Board is re-created, |
| 89 | and the charter is re-created and reenacted to read: |
| 90 | Section 1. This act may be cited as the "Citrus County |
| 91 | Hospital and Medical Nursing and Convalescent Home Act." |
| 92 | Section 2. As used in this act, the following words and |
| 93 | terms have the following meanings: |
| 94 | (1) "Citrus County Hospital Board," "hospital board," and |
| 95 | "board" means the Citrus County Hospital Board. |
| 96 | (2) "County" means Citrus County. |
| 97 | (3) "County hospital and medical nursing and convalescent |
| 98 | homes" includes hospitals, medical care facilities, clinics, and |
| 99 | other allied medical care units. |
| 100 | (4) "Indigent care" means medically necessary health care |
| 101 | provided to Citrus County residents who are determined to be |
| 102 | qualified pursuant to the provisions of the Florida Health Care |
| 103 | Responsibility Act, section 154.304(9), Florida Statutes, and |
| 104 | the Florida Health Care Indigency Eligibility Certification |
| 105 | Standards, Florida Administrative Code, rule 59H-1.0035(30). |
| 106 | (5) "Operate" includes build, construct, maintain, repair, |
| 107 | alter, expand, equip, lease pursuant to and consistent with the |
| 108 | provisions of this act, finance, and operate. |
| 109 | (6) "Property" means real and personal property of every |
| 110 | nature whatsoever. |
| 111 | (7) "State" means the State of Florida. |
| 112 | Section 3. (1) There is hereby created the Citrus County |
| 113 | Hospital Board, an independent special district, and by that |
| 114 | name the board may sue and be sued, plead and be impleaded, |
| 115 | contract and be contracted with, acquire and dispose of property |
| 116 | or any interest therein, and have an official seal. The board is |
| 117 | created as a public nonprofit corporation without stock and is |
| 118 | composed of and governed by the five members herein provided |
| 119 | for, to be known as trustees. The hospital board is hereby |
| 120 | constituted and declared to be an agency of the county and |
| 121 | incorporated for the purpose of operating hospitals, medical |
| 122 | nursing homes, and convalescent homes in the county. The |
| 123 | hospital board shall consist of five trustees appointed by the |
| 124 | Governor, and, upon this act becoming a law, the present members |
| 125 | will automatically become trustees and shall constitute the |
| 126 | board. Their respective terms of office shall be the term each |
| 127 | member is presently serving. All subsequent appointments, upon |
| 128 | the expiration of the present terms, shall be for terms of 4 |
| 129 | years each. Upon the expiration of the term of each trustee, the |
| 130 | successor shall be appointed by the Governor. Likewise, any |
| 131 | vacancy occurring shall be filled by appointment by the Governor |
| 132 | for the unexpired term. Each appointment by the Governor is |
| 133 | subject to approval and confirmation by the Senate. |
| 134 | (2) The trustees of the board shall elect from among its |
| 135 | members a chair, a vice chair, and a secretary-treasurer, who |
| 136 | shall each hold office for a period of 1 year. Each trustee |
| 137 | shall execute a bond in the penal sum of $5,000 with a good and |
| 138 | sufficient surety of a surety company authorized under the laws |
| 139 | of the state to become surety, payable to the Citrus County |
| 140 | Hospital Board, conditioned upon the faithful performance of the |
| 141 | duties of the trustee, which bonds shall be approved by the |
| 142 | remaining trustees of the board and shall be filed with the |
| 143 | Board of County Commissioners of Citrus County. The premiums on |
| 144 | such bonds shall be paid by the hospital board. |
| 145 | (3) The hospital board shall comply with the applicable |
| 146 | requirements of chapter 280, Florida Statutes, and part IV of |
| 147 | chapter 218, Florida Statutes. |
| 148 | (4) Any and all funds so deposited shall be withdrawn by a |
| 149 | check or warrant signed by two trustees of the hospital board, |
| 150 | of which one shall be the chair, vice chair, or secretary- |
| 151 | treasurer. No check or warrant exceeding the sum of $25,000 |
| 152 | shall be delivered to the payee without approval thereof shown |
| 153 | in the minutes of the hospital board meeting. |
| 154 | Section 4. The trustees of the board shall receive no |
| 155 | compensation for their services. Three trustees shall constitute |
| 156 | a quorum of the hospital board for the purpose of conducting its |
| 157 | business and exercising its powers and for all other purposes. |
| 158 | Action may be taken by the board only upon a vote in the |
| 159 | affirmative of three trustees thereof. |
| 160 | Section 5. The Citrus County Hospital Board as hereby |
| 161 | created shall be for the purpose of operating, in Citrus County, |
| 162 | public hospitals, medical nursing homes, and convalescent homes, |
| 163 | primarily and chiefly for the benefit of the citizens and |
| 164 | residents of Citrus County. Authority is hereby given to the |
| 165 | board to build, erect, expand, equip, maintain, operate, alter, |
| 166 | change, lease pursuant to and consistent with the provisions of |
| 167 | this act, and repair public hospitals, medical nursing homes, |
| 168 | and convalescent homes in Citrus County. The corporation is |
| 169 | authorized, when rooms and services are available, without |
| 170 | detriment or deprivation to the citizens and residents of Citrus |
| 171 | County, to extend the hospitalization and medical nursing home |
| 172 | and convalescent home services provided by such hospitals, |
| 173 | medical nursing homes, and convalescent homes to patients from |
| 174 | adjoining and other counties of Florida and from other states, |
| 175 | upon the payment of the cost of such hospitalization, medical |
| 176 | nursing home services, and convalescent home services as may be |
| 177 | determined by the trustees of the hospital board. The board |
| 178 | shall have the power and authority to operate an ambulance |
| 179 | system and ambulance services and to charge all patients for all |
| 180 | services rendered in any facility owned or operated by the |
| 181 | hospital board, including the ambulance facility. The board may |
| 182 | charge a patient interest on the patient's account; sell, |
| 183 | discount, or assign such account to a bank, finance company, |
| 184 | collection agency, or other type of collection facility; accept |
| 185 | promissory notes or other types of debt obligations from a |
| 186 | patient; assign or discount such accounts receivable, notes, or |
| 187 | other obligations; require a patient to guarantee the payment of |
| 188 | an existing account or note; require a guarantee of payment |
| 189 | before admitting a patient; and receive and assign any |
| 190 | assignment of all types of insurance proceeds. In addition to |
| 191 | all other powers, the board shall have the power and authority |
| 192 | to: |
| 193 | (1) Provide for the payment of indigent care services by |
| 194 | private health care providers in the county, or to partner with |
| 195 | other entities such as the Department of Health, in furtherance |
| 196 | of the hospital board's public purpose and the necessity for the |
| 197 | preservation of the public health and welfare of the residents |
| 198 | of the county by the hospital board. |
| 199 | (2) Develop and implement a county health plan. |
| 200 | Section 6. The board of county commissioners shall levy or |
| 201 | cause to be levied each year beginning July 1, 1965, the millage |
| 202 | certified to the board of county commissioners by the trustees |
| 203 | of the board upon all taxable real and personal property in |
| 204 | Citrus County, not including, however, homestead property that |
| 205 | is exempt from general taxation by the Constitution of the State |
| 206 | of Florida, for the purpose of erecting, building, equipping, |
| 207 | maintaining, changing, altering, repairing, leasing, and |
| 208 | operating the public hospital provided for in this act. Such tax |
| 209 | shall be known as the hospital tax, and the property appraiser |
| 210 | shall make such assessments and the tax collector shall collect |
| 211 | such assessments when made. The money collected shall be paid |
| 212 | monthly to the board. However, the annual tax levied under this |
| 213 | section may not exceed 3 mills. |
| 214 | Section 7. The hospital board is hereby authorized and |
| 215 | empowered to own and acquire property by purchase, lease, gift, |
| 216 | grant, or transfer from the county, the state, or the Federal |
| 217 | Government, or any subdivision or agency thereof, or from any |
| 218 | municipality, person, partnership, or corporation and to |
| 219 | acquire, construct, maintain, operate, expand, alter, repair, |
| 220 | change, lease, finance, and equip hospitals, medical nursing |
| 221 | homes, convalescent homes, medical care facilities, and clinics |
| 222 | in the county. |
| 223 | Section 8. The hospital board is authorized and empowered |
| 224 | to enter into contracts with individuals, partnerships, |
| 225 | corporations, municipalities, the county, the state or any |
| 226 | subdivision or agency thereof, or the United States of America |
| 227 | or any subdivision or agency thereof to carry out the purposes |
| 228 | of this act. |
| 229 | Section 9. The hospital board is empowered to and shall |
| 230 | adopt all necessary rules, regulations, and bylaws for the |
| 231 | operation of hospitals, medical nursing homes, and convalescent |
| 232 | homes; provide for the admission thereto and treatment of such |
| 233 | charity patients who are citizens of the state and residents of |
| 234 | the county for the preceding 2 years; set the fees and charges |
| 235 | to be made for the admission and treatment therein of all |
| 236 | patients; and establish the qualifications for members of the |
| 237 | medical profession to be entitled to practice therein. |
| 238 | Section 10. The hospital board shall have the power to |
| 239 | purchase any and all equipment that may be needed for the |
| 240 | operation of hospitals, medical nursing homes, and convalescent |
| 241 | homes and shall have the power to appoint and hire such agent or |
| 242 | agents, technical experts, attorneys, and all other employees as |
| 243 | are necessary for carrying out the purposes of this act, |
| 244 | regardless of any lease to a not-for-profit corporation, |
| 245 | including the hiring and maintenance of staff personnel as it |
| 246 | may deem appropriate to assist the board in the discharge of its |
| 247 | operational, financial, and statutory responsibilities, and in |
| 248 | carrying out its fiduciary duties to the taxpayers of Citrus |
| 249 | County, and to prescribe their salaries and duties. The board |
| 250 | shall have the power to discharge all employees or agents when |
| 251 | deemed necessary by the board for the carrying out of the |
| 252 | purposes of this act. |
| 253 | Section 11. At the end of each fiscal year, the Citrus |
| 254 | County Hospital Board shall within 30 days file with the Clerk |
| 255 | of the Circuit Court of Citrus County a full, complete, and |
| 256 | detailed accounting of the preceding year and at the same time |
| 257 | shall file a certified copy of such financial report with the |
| 258 | Board of County Commissioners of Citrus County, which report |
| 259 | shall be recorded in the minutes of the board of county |
| 260 | commissioners. The board of county commissioners, at its |
| 261 | discretion and at the expense of the county, may publish and |
| 262 | report an accounting in a newspaper of general circulation in |
| 263 | Citrus County. |
| 264 | Section 12. In addition to all other implied and express |
| 265 | powers contained in this act, the board shall have the express |
| 266 | authority to negotiate loans to borrow money from any state or |
| 267 | federal agency for the purpose or purposes of constructing, |
| 268 | maintaining, repairing, altering, expanding, equipping, leasing, |
| 269 | and operating county hospitals, medical nursing homes, |
| 270 | convalescent homes, medical care facilities, clinics, and all |
| 271 | other types of allied medical care units. |
| 272 | Section 13. (1) In addition to all other implied and |
| 273 | express powers contained in this act, the board shall have the |
| 274 | express authority to borrow money, with or without issuing notes |
| 275 | therefor, for the purpose or purposes of constructing, |
| 276 | maintaining, repairing, altering, expanding, equipping, leasing, |
| 277 | and operating county hospitals, medical nursing homes, |
| 278 | convalescent homes, medical care facilities, clinics, and all |
| 279 | other types of allied medical care units. The board's authority |
| 280 | to borrow money, with or without issuing notes, shall be subject |
| 281 | to the conditions of this act applying to the board's right to |
| 282 | issue revenue bonds. |
| 283 | (2) The board shall have express authority to issue bonds, |
| 284 | subject to approval at a referendum of the voters of the county, |
| 285 | and to issue revenue bonds, without a referendum of the voters |
| 286 | of the county, the proceeds of which shall be used for erecting, |
| 287 | equipping, building, expanding, altering, changing, maintaining, |
| 288 | operating, leasing, and repairing such hospitals, medical |
| 289 | nursing homes, and convalescent homes. Such bonds, federal or |
| 290 | state hospital loans, notes, or revenue bonds shall mature |
| 291 | within 30 years after the year in which they are issued or made |
| 292 | and shall be payable in such years and amounts as shall be |
| 293 | approved by the board. |
| 294 | (3) The board shall determine the form of the loans, |
| 295 | notes, bonds, and revenue bonds, including any interest coupons |
| 296 | to be attached thereto, and the manner of executing them, and |
| 297 | shall fix the denomination or denominations thereof and the |
| 298 | place or places of payment of principal and interest, which may |
| 299 | be at any bank or trust company within or without the state. In |
| 300 | case a trustee whose signature or a facsimile of whose signature |
| 301 | appears on any loan, note, bond, or revenue certificate or |
| 302 | coupon ceases to be such trustee before the delivery thereof, |
| 303 | such signature or facsimile shall nevertheless be valid and |
| 304 | sufficient for all purposes the same as if the trustee had |
| 305 | remained in office until such delivery. All loan agreements, |
| 306 | notes, bonds, and revenue bonds issued hereunder shall have and |
| 307 | are hereby declared to have all the qualities and incidents of |
| 308 | negotiable instruments under the negotiable instruments law of |
| 309 | the state. |
| 310 | (4) Whenever the board passes a resolution approving the |
| 311 | issuance of such bonds, the board shall call for an election |
| 312 | and, subject to such election, permit the repayment of the bonds |
| 313 | out of an annual levy not to exceed 1.5 mills per year. Such |
| 314 | millage is included in the maximum millage of 3 mills per year. |
| 315 | Subject to such limitations, such bonds shall be payable from |
| 316 | the full faith and credit of the board. |
| 317 | (5) The loans, notes, and revenue bonds, together with the |
| 318 | interest, shall be payable from gross or net receipts of the |
| 319 | hospital board or any portion thereof. |
| 320 | (6) Such loans, notes, bonds, or revenue bonds shall not |
| 321 | bear interest in excess of the maximum rate permitted by the |
| 322 | laws of the state. |
| 323 | (7) The board may sell bonds, loans, notes, or revenue |
| 324 | bonds in such manner, either at public or private sale, and for |
| 325 | such price as it may determine to be for the best interest of |
| 326 | the hospital board. |
| 327 | Section 14. The total amount of outstanding bonds of the |
| 328 | hospital payable from ad valorem taxation at any one time shall |
| 329 | not exceed an amount equal to 6 times the annual hospital tax, |
| 330 | assuming such tax is based upon the yearly millage of 3 mills. |
| 331 | Section 15. (1) The Citrus County Hospital Board shall |
| 332 | have the authority to enter into leases or contracts with a not- |
| 333 | for-profit Florida corporation for the purpose of operating and |
| 334 | managing the hospital and any or all of its facilities of any |
| 335 | kind and nature. |
| 336 | (2) The Citrus County Hospital Board shall have the power |
| 337 | and authority to: |
| 338 | (a) Provide health care services to residents of the |
| 339 | county through the use of health care facilities not owned and |
| 340 | operated by the hospital board. The provision of such care is |
| 341 | hereby found and declared to be a public purpose and necessary |
| 342 | for the preservation of the public health and welfare of the |
| 343 | residents of the county. |
| 344 | (b) Maintain an office. |
| 345 | (c) Provide for reimbursement to hospitals, physicians, or |
| 346 | other health care providers or facilities, whether public or |
| 347 | private, and pay private physicians for indigent care. |
| 348 | (3) The hospital board is hereby restricted from |
| 349 | reimbursing any health care providers or facilities, including |
| 350 | hospitals and physicians, for their bad debts arising from those |
| 351 | patients who are not eligible for reimbursement under hospital |
| 352 | board guidelines. The hospital board, however, shall continue to |
| 353 | reimburse such health care providers for the medical care of |
| 354 | medically needy patients, to the extent of the hospital board's |
| 355 | financial resources, taking into account funds available from |
| 356 | other sources, including other governmental funding sources. |
| 357 | Section 16. To ensure public oversight, accountability, |
| 358 | and public benefit, in addition to the requirements for any such |
| 359 | lease set forth in section 155.40, Florida Statutes: |
| 360 | (1) The not-for-profit corporation shall separately |
| 361 | account for the expenditure of all ad valorem tax moneys |
| 362 | provided to it by the Citrus County Hospital Board, including |
| 363 | maintaining them in a separate accounting fund. The expenditure |
| 364 | for all such public tax funds shall be approved in a public |
| 365 | meeting and separately accounted for annually by the not-for- |
| 366 | profit corporation in a report provided to the Citrus County |
| 367 | Hospital Board. |
| 368 | (2) The articles of incorporation, all amendments or |
| 369 | restatements of the articles of incorporation, all corporate |
| 370 | bylaws, all amendments or restatements of the corporate bylaws, |
| 371 | and all other governing documents of the not-for-profit |
| 372 | corporation shall be subject to the approval of the hospital |
| 373 | board, and any such documents that have not heretofore been |
| 374 | approved by the hospital board shall be submitted forthwith to |
| 375 | the hospital board for approval. |
| 376 | (3) The hospital board shall be the sole member of the |
| 377 | not-for-profit corporation. |
| 378 | (4) The hospital board shall independently approve any |
| 379 | plan of merger or dissolution of the not-for-profit corporation |
| 380 | pursuant to sections 617.1103 and 617.1402, Florida Statutes, |
| 381 | and may reject any such plan in its sole discretion. |
| 382 | (5) The members of the hospital board shall be voting |
| 383 | directors of the not-for-profit board of directors who |
| 384 | constitute a majority of the voting directors of the not-for- |
| 385 | profit corporation; and, to the extent that any governance |
| 386 | documents of the not-for-profit corporation do not so presently |
| 387 | provide, the not-for-profit corporation shall forthwith take all |
| 388 | steps necessary to bring them into conformity with this majority |
| 389 | membership requirement. |
| 390 | (6) All members of the not-for-profit board of directors |
| 391 | shall be subject to approval by the hospital board, and any |
| 392 | board members presently serving who have not heretofore been |
| 393 | approved by the hospital board shall be submitted forthwith to |
| 394 | the hospital board for approval. |
| 395 | (7) The chief executive officer of the not-for-profit |
| 396 | corporation and his or her term of office and any extensions |
| 397 | thereof shall be approved by the hospital board, and the |
| 398 | hospital board may terminate the term of the chief executive |
| 399 | officer of the not-for-profit corporation with or without cause |
| 400 | in its sole discretion, subject to the terms of any and all |
| 401 | then-existing contracts. |
| 402 | (8) The hospital board shall approve all borrowing of |
| 403 | money by the not-for-profit corporation in any form and for any |
| 404 | reason in an amount exceeding $100,000, any additional loan |
| 405 | indebtedness or leases in excess of $1.25 million per instrument |
| 406 | or contract, and all policies of the not-for-profit corporation |
| 407 | that govern travel reimbursements and contract bid procedures. |
| 408 | (9) No annual operating and capital budget of the not-for- |
| 409 | profit corporation shall become effective until approved by the |
| 410 | hospital board. |
| 411 | (10) Any capital project of the not-for-profit corporation |
| 412 | having a value in excess of $250,000 per project, and any |
| 413 | nonbudgeted operative expenditure in excess of $125,000 in the |
| 414 | per annum aggregate, shall be approved by the hospital board. |
| 415 | (11) At the discretion of the hospital board, each and |
| 416 | every year the not-for-profit corporation shall complete an |
| 417 | independent audit of the fiscal management of the hospital by an |
| 418 | auditor chosen by the hospital board, with the audit to be paid |
| 419 | for by the not-for-profit corporation. |
| 420 | (12) All records of the not-for-profit corporation shall |
| 421 | be public records unless exempt by law. |
| 422 | (13) Subject to the annual approved budget, the hospital |
| 423 | board shall reimburse the not-for-profit corporation for |
| 424 | indigent care pursuant to the Florida Health Care Responsibility |
| 425 | Act and the Florida Indigent Certification Standards and shall |
| 426 | take into account funds available from other sources, including |
| 427 | other governmental funding sources. |
| 428 | (14) The provisions in this act and the hospital board's |
| 429 | lease with the not-for-profit corporation shall be construed and |
| 430 | interpreted as furthering the public health and welfare and the |
| 431 | open government requirements of s. 24, Art. I of the State |
| 432 | Constitution and sections 119.01 and 286.011, Florida Statutes. |
| 433 | (15) Any dispute between the hospital board and the not- |
| 434 | for-profit corporation shall be subject to any court action |
| 435 | pursuant to sections 164.101-164.1065, Florida Statutes. |
| 436 | Section 4. Three years after the effective date of this |
| 437 | act, the Citrus County Hospital Board shall submit a request to |
| 438 | the Joint Legislative Auditing Committee for an operational |
| 439 | audit of the hospital board and the not-for-profit corporation |
| 440 | to be conducted by the Auditor General. The board should include |
| 441 | specific areas to be addressed in the audit, including, but not |
| 442 | limited to, review of internal controls over financial related |
| 443 | operations. |
| 444 | Section 5. This act shall apply to existing and future |
| 445 | leases and amendments, revisions, and restatements thereto, and |
| 446 | to existing and future agreements for hospital care and |
| 447 | amendments, revisions, and restatements thereto. However, this |
| 448 | act does not apply to the term of any existing contract entered |
| 449 | into by the not-for-profit corporation with a third party, to |
| 450 | any existing contract for the borrowing of money in excess of |
| 451 | $100,000, to any additional loan indebtedness or leases in |
| 452 | excess of $1.25 million for which the hospital board has not |
| 453 | previously given its approval, or to any existing contract for a |
| 454 | capital project in excess of $250,000 per project, and any |
| 455 | nonbudgeted operative expenditure in excess of $125,000 in the |
| 456 | per annum aggregate, for which the hospital board has not |
| 457 | previously given its approval. |
| 458 | Section 6. Chapters 99-442 and 2001-308, Laws of Florida, |
| 459 | are repealed. |
| 460 | Section 7. If any provision of this act or its application |
| 461 | to any person or circumstance is held invalid or |
| 462 | unconstitutional by a court of competent jurisdiction, the |
| 463 | invalidity shall not affect other provisions or applications of |
| 464 | the act which can be given effect without the invalid provision |
| 465 | or application, and to this end the provisions of this act are |
| 466 | severable. |
| 467 | Section 8. This act shall take effect July 1, 2011. |