Florida Senate - 2014                            (NP)    SB 1430
       
       
        
       By Senator Dean
       
       
       
       
       
       5-01535B-14                                           20141430__
    1                        A bill to be entitled                      
    2         An act relating to the Citrus County Hospital Board,
    3         Citrus County; amending chapter 2011-256, Laws of
    4         Florida; authorizing the board to create an
    5         irrevocable community foundation or trust to manage
    6         the proceeds of a lease of the hospital and its
    7         facilities to a private for-profit entity; requiring
    8         the board to create and staff an irrevocable community
    9         foundation or trust to manage the proceeds of certain
   10         leases; providing that proceeds of certain leases may
   11         only be used for medically related needs of citizens
   12         and residents of Citrus County; providing for certain
   13         members of the governing body of the irrevocable
   14         community trust or foundation; requiring the
   15         Supervisor of Elections to conduct elections to select
   16         such members upon the request of the board; requiring
   17         the irrevocable community trust or foundation to
   18         comply with certain rules and laws applicable to
   19         governmental entities and their elected and appointed
   20         officials; providing that an irrevocable community
   21         trust or foundation created by the board is subject to
   22         the audit authority of the Clerk of the Court;
   23         reducing the authorized millage for the hospital tax
   24         under specified circumstances; providing exceptions;
   25         authorizing the board to enter into leases or
   26         contracts with any Florida corporation, rather than
   27         only a Florida nonprofit corporation, for the purpose
   28         of operating or managing the hospital and its
   29         facilities; providing retroactive applicability;
   30         providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 3 of chapter 2011-256, Laws of Florida,
   35  is amended to read:
   36         Section 3. The Citrus County Hospital Board is re-created,
   37  and the charter is re-created and reenacted to read:
   38         Section 1. This act may be cited as the “Citrus County
   39  Hospital and Medical Nursing and Convalescent Home Act.”
   40         Section 2. As used in this act, the following words and
   41  terms have the following meanings:
   42         (1) “Citrus County Hospital Board,” “hospital board,” and
   43  “board” means the Citrus County Hospital Board.
   44         (2) “County” means Citrus County.
   45         (3) “County hospital and medical nursing and convalescent
   46  homes” includes hospitals, medical care facilities, clinics, and
   47  other allied medical care units.
   48         (4) “Indigent care” means medically necessary health care
   49  provided to Citrus County residents who are determined to be
   50  qualified pursuant to the provisions of the Florida Health Care
   51  Responsibility Act, section 154.304(9), Florida Statutes, and
   52  the Florida Health Care Indigency Eligibility Certification
   53  Standards, Florida Administrative Code, rule 59H-1.0035(30).
   54         (5) “Operate” includes build, construct, maintain, repair,
   55  alter, expand, equip, lease pursuant to and consistent with the
   56  provisions of this act, finance, and operate.
   57         (6) “Property” means real and personal property of every
   58  nature whatsoever.
   59         (7) “State” means the State of Florida.
   60         Section 3. (1) There is hereby created the Citrus County
   61  Hospital Board, an independent special district, and by that
   62  name the board may sue and be sued, plead and be impleaded,
   63  contract and be contracted with, acquire and dispose of property
   64  or any interest therein, and have an official seal. The board is
   65  created as a public nonprofit corporation without stock and is
   66  composed of and governed by the five members herein provided
   67  for, to be known as trustees. The hospital board is hereby
   68  constituted and declared to be an agency of the county and
   69  incorporated for the purpose of operating hospitals, medical
   70  nursing homes, and convalescent homes in the county. The
   71  hospital board shall consist of five trustees appointed by the
   72  Governor, and, upon this act becoming a law, the present members
   73  will automatically become trustees and shall constitute the
   74  board. Their respective terms of office shall be the term each
   75  member is presently serving. All subsequent appointments, upon
   76  the expiration of the present terms, shall be for terms of 4
   77  years each. Upon the expiration of the term of each trustee, the
   78  successor shall be appointed by the Governor. Likewise, any
   79  vacancy occurring shall be filled by appointment by the Governor
   80  for the unexpired term. Each appointment by the Governor is
   81  subject to approval and confirmation by the Senate.
   82         (2) The trustees of the board shall elect from among its
   83  members a chair, a vice chair, and a secretary-treasurer, who
   84  shall each hold office for a period of 1 year. Each trustee
   85  shall execute a bond in the penal sum of $5,000 with a good and
   86  sufficient surety of a surety company authorized under the laws
   87  of the state to become surety, payable to the Citrus County
   88  Hospital Board, conditioned upon the faithful performance of the
   89  duties of the trustee, which bonds shall be approved by the
   90  remaining trustees of the board and shall be filed with the
   91  Board of County Commissioners of Citrus County. The premiums on
   92  such bonds shall be paid by the hospital board.
   93         (3) The hospital board shall comply with the applicable
   94  requirements of chapter 280, Florida Statutes, and part IV of
   95  chapter 218, Florida Statutes.
   96         (4) Any and all funds so deposited shall be withdrawn by a
   97  check or warrant signed by two trustees of the hospital board,
   98  of which one shall be the chair, vice chair, or secretary
   99  treasurer. No check or warrant exceeding the sum of $25,000
  100  shall be delivered to the payee without approval thereof shown
  101  in the minutes of the hospital board meeting.
  102         Section 4. The trustees of the board shall receive no
  103  compensation for their services. Three trustees shall constitute
  104  a quorum of the hospital board for the purpose of conducting its
  105  business and exercising its powers and for all other purposes.
  106  Action may be taken by the board only upon a vote in the
  107  affirmative of three trustees thereof.
  108         Section 5. The Citrus County Hospital Board as hereby
  109  created shall be for the purpose of operating, in Citrus County,
  110  public hospitals, medical nursing homes, and convalescent homes,
  111  primarily and chiefly for the benefit of the citizens and
  112  residents of Citrus County. Authority is hereby given to the
  113  board to build, erect, expand, equip, maintain, operate, alter,
  114  change, lease pursuant to and consistent with the provisions of
  115  this act, and repair public hospitals, medical nursing homes,
  116  and convalescent homes in Citrus County. The corporation is
  117  authorized, when rooms and services are available, without
  118  detriment or deprivation to the citizens and residents of Citrus
  119  County, to extend the hospitalization and medical nursing home
  120  and convalescent home services provided by such hospitals,
  121  medical nursing homes, and convalescent homes to patients from
  122  adjoining and other counties of Florida and from other states,
  123  upon the payment of the cost of such hospitalization, medical
  124  nursing home services, and convalescent home services as may be
  125  determined by the trustees of the hospital board. The board
  126  shall have the power and authority to operate an ambulance
  127  system and ambulance services and to charge all patients for all
  128  services rendered in any facility owned or operated by the
  129  hospital board, including the ambulance facility. The board may
  130  charge a patient interest on the patient’s account; sell,
  131  discount, or assign such account to a bank, finance company,
  132  collection agency, or other type of collection facility; accept
  133  promissory notes or other types of debt obligations from a
  134  patient; assign or discount such accounts receivable, notes, or
  135  other obligations; require a patient to guarantee the payment of
  136  an existing account or note; require a guarantee of payment
  137  before admitting a patient; and receive and assign any
  138  assignment of all types of insurance proceeds. In addition to
  139  all other powers, the board shall have the power and authority
  140  to:
  141         (1) Provide for the payment of indigent care services by
  142  private health care providers in the county, or to partner with
  143  other entities such as the Department of Health, in furtherance
  144  of the hospital board’s public purpose and the necessity for the
  145  preservation of the public health and welfare of the residents
  146  of the county by the hospital board.
  147         (2) Develop and implement a county health plan.
  148         (3) Create an irrevocable community trust or foundation to
  149  manage the proceeds of a lease of the hospital and its
  150  facilities to a private for—profit entity.
  151         (a) The board must create and staff an irrevocable
  152  community trust or foundation to manage the proceeds of a lease
  153  of the hospital and its facilities to a private for-profit
  154  entity if such lease results in net proceeds that exceed
  155  existing debt associated with the hospital and its facilities
  156  for loans, notes, revenue bonds, or other bond obligations and a
  157  reasonable estimate of the board’s administrative costs to
  158  facilitate, manage, or enforce the lease and its covenants. Such
  159  proceeds and any interest derived therefrom may be appropriated
  160  by the irrevocable community trust or foundation only for the
  161  medically related needs of citizens and residents of Citrus
  162  County.
  163         (b) The governing body of the irrevocable community trust
  164  or foundation must include at least two members who are citizens
  165  of Citrus County who shall be elected on a nonpartisan,
  166  countywide basis to serve a single 4-year term, except, for
  167  purposes of establishing staggered terms, the term of one
  168  initial citizen member shall be for 2 years. A citizen member
  169  may not serve more than one term on the governing body of the
  170  irrevocable community trust or foundation. Any vacancy occurring
  171  during a term of office for a citizen member shall be filled by
  172  appointment of the board for the remainder of the unexpired
  173  portion of the term. Upon the request of the board, the
  174  Supervisor of Elections for Citrus County shall conduct
  175  elections to fill the seats of the citizen members of the
  176  governing body of the irrevocable community trust or foundation.
  177         (c) The irrevocable community trust or foundation shall be
  178  considered a quasi-governmental entity and must comply with all
  179  disclosure, accountability, ethics, and government-in-the
  180  sunshine requirements which apply both to governmental entities
  181  and to their elected and appointed officials.
  182         (d) The irrevocable community trust or foundation is
  183  subject to the audit authority of the Clerk of the Court for
  184  Citrus County.
  185         Section 6. The board of county commissioners shall levy or
  186  cause to be levied each year beginning July 1, 1965, the millage
  187  certified to the board of county commissioners by the trustees
  188  of the board upon all taxable real and personal property in
  189  Citrus County, not including, however, homestead property that
  190  is exempt from general taxation by the Constitution of the State
  191  of Florida, for the purpose of erecting, building, equipping,
  192  maintaining, changing, altering, repairing, leasing, and
  193  operating the public hospital provided for in this act. Such tax
  194  shall be known as the hospital tax, and the property appraiser
  195  shall make such assessments and the tax collector shall collect
  196  such assessments when made. The money collected shall be paid
  197  monthly to the board. However, The annual tax levied under this
  198  section may not exceed 3 mills. However, effective January 1,
  199  2015, if the board’s hospital and its facilities are leased to a
  200  private for-profit entity, the annual tax levied under this
  201  section may not exceed 0.25 mills. Such restriction does not
  202  apply if there is a material default under the lease,
  203  termination of the lease, pending litigation regarding the
  204  lease, or the board or lessee has served a notice of intent to
  205  terminate the lease, notice of nonrenewal of the lease, or
  206  notice of default under the lease, in which case the authority
  207  to levy the tax under this section reverts to a millage not
  208  exceeding 3 mills.
  209         Section 7. The hospital board is hereby authorized and
  210  empowered to own and acquire property by purchase, lease, gift,
  211  grant, or transfer from the county, the state, or the Federal
  212  Government, or any subdivision or agency thereof, or from any
  213  municipality, person, partnership, or corporation and to
  214  acquire, construct, maintain, operate, expand, alter, repair,
  215  change, lease, finance, and equip hospitals, medical nursing
  216  homes, convalescent homes, medical care facilities, and clinics
  217  in the county.
  218         Section 8. The hospital board is authorized and empowered
  219  to enter into contracts with individuals, partnerships,
  220  corporations, municipalities, the county, the state or any
  221  subdivision or agency thereof, or the United States of America
  222  or any subdivision or agency thereof to carry out the purposes
  223  of this act.
  224         Section 9. The hospital board is empowered to and shall
  225  adopt all necessary rules, regulations, and bylaws for the
  226  operation of hospitals, medical nursing homes, and convalescent
  227  homes; provide for the admission thereto and treatment of such
  228  charity patients who are citizens of the state and residents of
  229  the county for the preceding 2 years; set the fees and charges
  230  to be made for the admission and treatment therein of all
  231  patients; and establish the qualifications for members of the
  232  medical profession to be entitled to practice therein.
  233         Section 10. The hospital board shall have the power to
  234  purchase any and all equipment that may be needed for the
  235  operation of hospitals, medical nursing homes, and convalescent
  236  homes and shall have the power to appoint and hire such agent or
  237  agents, technical experts, attorneys, and all other employees as
  238  are necessary for carrying out the purposes of this act,
  239  regardless of any lease to a not-for-profit corporation,
  240  including the hiring and maintenance of staff personnel as it
  241  may deem appropriate to assist the board in the discharge of its
  242  operational, financial, and statutory responsibilities, and in
  243  carrying out its fiduciary duties to the taxpayers of Citrus
  244  County, and to prescribe their salaries and duties. The board
  245  shall have the power to discharge all employees or agents when
  246  deemed necessary by the board for the carrying out of the
  247  purposes of this act.
  248         Section 11. At the end of each fiscal year, the Citrus
  249  County Hospital Board shall within 30 days file with the Clerk
  250  of the Circuit Court of Citrus County a full, complete, and
  251  detailed accounting of the preceding year and at the same time
  252  shall file a certified copy of such financial report with the
  253  Board of County Commissioners of Citrus County, which report
  254  shall be recorded in the minutes of the board of county
  255  commissioners. The board of county commissioners, at its
  256  discretion and at the expense of the county, may publish and
  257  report an accounting in a newspaper of general circulation in
  258  Citrus County.
  259         Section 12. In addition to all other implied and express
  260  powers contained in this act, the board shall have the express
  261  authority to negotiate loans to borrow money from any state or
  262  federal agency for the purpose or purposes of constructing,
  263  maintaining, repairing, altering, expanding, equipping, leasing,
  264  and operating county hospitals, medical nursing homes,
  265  convalescent homes, medical care facilities, clinics, and all
  266  other types of allied medical care units.
  267         Section 13. (1) In addition to all other implied and
  268  express powers contained in this act, the board shall have the
  269  express authority to borrow money, with or without issuing notes
  270  therefor, for the purpose or purposes of constructing,
  271  maintaining, repairing, altering, expanding, equipping, leasing,
  272  and operating county hospitals, medical nursing homes,
  273  convalescent homes, medical care facilities, clinics, and all
  274  other types of allied medical care units. The board’s authority
  275  to borrow money, with or without issuing notes, shall be subject
  276  to the conditions of this act applying to the board’s right to
  277  issue revenue bonds.
  278         (2) The board shall have express authority to issue bonds,
  279  subject to approval at a referendum of the voters of the county,
  280  and to issue revenue bonds, without a referendum of the voters
  281  of the county, the proceeds of which shall be used for erecting,
  282  equipping, building, expanding, altering, changing, maintaining,
  283  operating, leasing, and repairing such hospitals, medical
  284  nursing homes, and convalescent homes. Such bonds, federal or
  285  state hospital loans, notes, or revenue bonds shall mature
  286  within 30 years after the year in which they are issued or made
  287  and shall be payable in such years and amounts as shall be
  288  approved by the board.
  289         (3) The board shall determine the form of the loans, notes,
  290  bonds, and revenue bonds, including any interest coupons to be
  291  attached thereto, and the manner of executing them, and shall
  292  fix the denomination or denominations thereof and the place or
  293  places of payment of principal and interest, which may be at any
  294  bank or trust company within or without the state. In case a
  295  trustee whose signature or a facsimile of whose signature
  296  appears on any loan, note, bond, or revenue certificate or
  297  coupon ceases to be such trustee before the delivery thereof,
  298  such signature or facsimile shall nevertheless be valid and
  299  sufficient for all purposes the same as if the trustee had
  300  remained in office until such delivery. All loan agreements,
  301  notes, bonds, and revenue bonds issued hereunder shall have and
  302  are hereby declared to have all the qualities and incidents of
  303  negotiable instruments under the negotiable instruments law of
  304  the state.
  305         (4) Whenever the board passes a resolution approving the
  306  issuance of such bonds, the board shall call for an election
  307  and, subject to such election, permit the repayment of the bonds
  308  out of an annual levy not to exceed 1.5 mills per year. Such
  309  millage is included in the maximum millage of 3 mills per year.
  310  Subject to such limitations, such bonds shall be payable from
  311  the full faith and credit of the board.
  312         (5) The loans, notes, and revenue bonds, together with the
  313  interest, shall be payable from gross or net receipts of the
  314  hospital board or any portion thereof.
  315         (6) Such loans, notes, bonds, or revenue bonds shall not
  316  bear interest in excess of the maximum rate permitted by the
  317  laws of the state.
  318         (7) The board may sell bonds, loans, notes, or revenue
  319  bonds in such manner, either at public or private sale, and for
  320  such price as it may determine to be for the best interest of
  321  the hospital board.
  322         Section 14. The total amount of outstanding bonds of the
  323  hospital payable from ad valorem taxation at any one time shall
  324  not exceed an amount equal to 6 times the annual hospital tax,
  325  assuming such tax is based upon the yearly millage of 3 mills.
  326         Section 15. (1) The Citrus County Hospital Board shall have
  327  the authority to enter into leases or contracts with a not-for
  328  profit Florida corporation for the purpose of operating and
  329  managing the hospital and any or all of its facilities of any
  330  kind and nature.
  331         (2) The Citrus County Hospital Board shall have the power
  332  and authority to:
  333         (a) Provide health care services to residents of the county
  334  through the use of health care facilities not owned and operated
  335  by the hospital board. The provision of such care is hereby
  336  found and declared to be a public purpose and necessary for the
  337  preservation of the public health and welfare of the residents
  338  of the county.
  339         (b) Maintain an office.
  340         (c) Provide for reimbursement to hospitals, physicians, or
  341  other health care providers or facilities, whether public or
  342  private, and pay private physicians for indigent care.
  343         (3) The hospital board is hereby restricted from
  344  reimbursing any health care providers or facilities, including
  345  hospitals and physicians, for their bad debts arising from those
  346  patients who are not eligible for reimbursement under hospital
  347  board guidelines. The hospital board, however, shall continue to
  348  reimburse such health care providers for the medical care of
  349  medically needy patients, to the extent of the hospital board’s
  350  financial resources, taking into account funds available from
  351  other sources, including other governmental funding sources.
  352         Section 16. To ensure public oversight, accountability, and
  353  public benefit, in addition to the requirements for any such
  354  lease set forth in section 155.40, Florida Statutes:
  355         (1) The not-for-profit corporation shall separately account
  356  for the expenditure of all ad valorem tax moneys provided to it
  357  by the Citrus County Hospital Board, including maintaining them
  358  in a separate accounting fund. The expenditure for all such
  359  public tax funds shall be approved in a public meeting and
  360  separately accounted for annually by the not-for-profit
  361  corporation in a report provided to the Citrus County Hospital
  362  Board.
  363         (2) The articles of incorporation, all amendments or
  364  restatements of the articles of incorporation, all corporate
  365  bylaws, all amendments or restatements of the corporate bylaws,
  366  and all other governing documents of the not-for-profit
  367  corporation shall be subject to the approval of the hospital
  368  board, and any such documents that have not heretofore been
  369  approved by the hospital board shall be submitted forthwith to
  370  the hospital board for approval.
  371         (3) The hospital board shall be the sole member of the not
  372  for-profit corporation.
  373         (4) The hospital board shall independently approve any plan
  374  of merger or dissolution of the not-for-profit corporation
  375  pursuant to sections 617.1103 and 617.1402, Florida Statutes,
  376  and may reject any such plan in its sole discretion.
  377         (5) The members of the hospital board shall be voting
  378  directors of the not-for-profit board of directors who
  379  constitute a majority of the voting directors of the not-for
  380  profit corporation; and, to the extent that any governance
  381  documents of the not-for-profit corporation do not so presently
  382  provide, the not-for-profit corporation shall forthwith take all
  383  steps necessary to bring them into conformity with this majority
  384  membership requirement.
  385         (6) All members of the not-for-profit board of directors
  386  shall be subject to approval by the hospital board, and any
  387  board members presently serving who have not heretofore been
  388  approved by the hospital board shall be submitted forthwith to
  389  the hospital board for approval.
  390         (7) The chief executive officer of the not-for-profit
  391  corporation and his or her term of office and any extensions
  392  thereof shall be approved by the hospital board, and the
  393  hospital board may terminate the term of the chief executive
  394  officer of the not-for-profit corporation with or without cause
  395  in its sole discretion, subject to the terms of any and all
  396  then-existing contracts.
  397         (8) The hospital board shall approve all borrowing of money
  398  by the not-for-profit corporation in any form and for any reason
  399  in an amount exceeding $100,000, any additional loan
  400  indebtedness or leases in excess of $1.25 million per instrument
  401  or contract, and all policies of the not-for-profit corporation
  402  that govern travel reimbursements and contract bid procedures.
  403         (9) No annual operating and capital budget of the not-for
  404  profit corporation shall become effective until approved by the
  405  hospital board.
  406         (10) Any capital project of the not-for-profit corporation
  407  having a value in excess of $250,000 per project, and any
  408  nonbudgeted operative expenditure in excess of $125,000 in the
  409  per annum aggregate, shall be approved by the hospital board.
  410         (11) At the discretion of the hospital board, each and
  411  every year the not-for-profit corporation shall complete an
  412  independent audit of the fiscal management of the hospital by an
  413  auditor chosen by the hospital board, with the audit to be paid
  414  for by the not-for-profit corporation.
  415         (12) All records of the not-for-profit corporation shall be
  416  public records unless exempt by law.
  417         (13) Subject to the annual approved budget, the hospital
  418  board shall reimburse the not-for-profit corporation for
  419  indigent care pursuant to the Florida Health Care Responsibility
  420  Act and the Florida Indigent Certification Standards and shall
  421  take into account funds available from other sources, including
  422  other governmental funding sources.
  423         (14) The provisions in this act and the hospital board’s
  424  lease with the not-for-profit corporation shall be construed and
  425  interpreted as furthering the public health and welfare and the
  426  open government requirements of s. 24, Art. I of the State
  427  Constitution and sections 119.01 and 286.011, Florida Statutes.
  428         (15) Any dispute between the hospital board and the not
  429  for-profit corporation shall be subject to any court action
  430  pursuant to sections 164.101-164.1065, Florida Statutes.
  431         Section 2. The amendments made by this act to section 5 of
  432  the charter of the Citrus County Hospital Board apply to leases
  433  entered into after January 1, 2014, with a for-profit Florida
  434  corporation.
  435         Section 3. This act shall take effect upon becoming a law.