Florida Senate - 2017                                     SB 740
       
       
        
       By Senator Steube
       
       23-00540-17                                            2017740__
    1                        A bill to be entitled                      
    2         An act relating to hospital districts; defining the
    3         term “hospital district”; prohibiting hospital
    4         districts from levying property tax without the
    5         consent of electors residing within the hospital
    6         district; requiring decennial reauthorization of the
    7         taxing authority of certain hospital districts;
    8         requiring tax revenues generated to fund indigent care
    9         for residents of the district to be distributed to
   10         hospitals within the district based on a certain
   11         funding formula adopted by the district; terminating
   12         the taxing authority of a hospital district by a
   13         specified date if a referendum is not approved by a
   14         majority vote of the electors; authorizing a governing
   15         board to maintain a hospital district without taxing
   16         authority or dissolve the hospital district if a
   17         referendum is not approved by a majority vote of the
   18         electors; providing for allocation of hospital
   19         district assets and liabilities if the hospital
   20         district is dissolved; authorizing the termination of
   21         the taxing authority of a hospital district to be
   22         delayed for a specified period under certain
   23         circumstances; providing requirements for the
   24         creation, expansion, or combination of certain
   25         hospital districts; requiring a county to obtain and
   26         publish an independent appraisal of certain public
   27         hospitals’ assets and a certain independent economic
   28         analysis; providing requirements for such analysis;
   29         providing a referendum requirement for a property tax
   30         levy contingent upon government-subsidized health care
   31         funding; providing applicability; requiring tax
   32         revenues generated to fund indigent care for residents
   33         of the district to be distributed to hospitals within
   34         the district based on a certain funding formula
   35         adopted by the district; specifying that taxes
   36         generated in a hospital taxing district be paid to the
   37         district rather than a community redevelopment area;
   38         prohibiting a hospital district from establishing
   39         certain health care facilities unless a majority of
   40         voting electors residing within the hospital district
   41         approve it by referendum, subject to certain
   42         requirements; providing applicability; providing an
   43         effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. (1)As used in this act, the term “hospital
   48  district” means a special district as defined in s. 189.012,
   49  Florida Statutes, the governing body of which is the governing
   50  body of a facility licensed under chapter 395, Florida Statutes.
   51         (2)Notwithstanding any general law, special law, or local
   52  ordinance, a hospital district may not levy a property tax
   53  without the approval of a majority of electors residing within
   54  the district voting in a referendum as provided in this act.
   55         (3)(a)On or before July 1, 2017, and every 10th year
   56  thereafter, each hospital district with taxing authority,
   57  whether organized as an independent or dependent special
   58  district or created by special act or local ordinance, shall
   59  arrange to place on the next general election ballot of the
   60  electors residing within the hospital district the following
   61  question: “Shall the taxing authority of the ...(name of
   62  hospital district)... be reauthorized, for a 10-year period, to
   63  levy a tax of ...(amount of tax not to exceed 2 mills)..., the
   64  proceeds of which shall fund indigent care for residents of the
   65  hospital district?” and thereafter the words “Yes” and “No.”
   66         (b) If a majority of the electors voting approve the ballot
   67  question, all tax revenues generated to fund indigent care for
   68  residents of the district shall be distributed to hospitals
   69  within the district based on a funding formula adopted by the
   70  district. The funding formula must ensure that tax dollars are
   71  equitably distributed to all hospitals based solely on the
   72  number of indigent patients treated at each hospital, without
   73  regard to whether the hospital is owned or operated by the
   74  health care district or by a private entity.
   75         (c)If a majority of the electors in a hospital district do
   76  not approve the reauthorization ballot question described in
   77  paragraph (a), effective January 1 of the year following the
   78  general election, the taxing authority of the hospital district
   79  is terminated. The governing board may maintain the hospital
   80  district without taxing authority or dissolve the hospital
   81  district. If the hospital district is dissolved, the assets and
   82  liabilities of the hospital district shall be allocated in the
   83  manner authorized by s. 189.076(2), Florida Statutes.
   84         (4)(a)Notwithstanding paragraph (3)(c), the termination of
   85  the taxing authority of the hospital district may be delayed for
   86  1 additional year if the county where the district is located
   87  places the following question on the ballot of the electors in
   88  the county before December 31 of the subsequent year, and a
   89  majority of electors voting approve the ballot question: “Shall
   90  the taxing authority of the ...(name of hospital district)... be
   91  reauthorized and expanded to include all property in ...(name of
   92  county)..., for a 10-year period, for the district to levy a tax
   93  of ...(amount of tax not to exceed 2 mills)... on all taxable
   94  property within the county in order to fund indigent care?” and
   95  thereafter the words “Yes” and “No.”
   96         (b)If a majority of the electors voting do not approve the
   97  reauthorization ballot question described in this subsection,
   98  effective January 1 of the year following the election, the
   99  taxing authority of the hospital district is terminated. The
  100  governing board may maintain the hospital district without
  101  taxing authority or dissolve the hospital district. If the
  102  hospital district is dissolved, the assets and liabilities of
  103  the hospital district shall be allocated in the manner
  104  authorized by s. 189.076(2), Florida Statutes.
  105         (5)A new, expanded, or combined hospital district may be
  106  formed for the purpose of funding indigent care for residents
  107  within the hospital district if the board of county
  108  commissioners in the county in which the new, expanded, or
  109  combined hospital district is located or will be located places
  110  the following question on the general election ballot of the
  111  electors in the new, expanded, or combined hospital district,
  112  and a majority of electors voting approve the ballot question:
  113  “Shall the ...(name of new, expanded, or combined hospital
  114  district)... be authorized or reauthorized, for a 10-year
  115  period, to levy a tax of ...(amount of tax not to exceed 2
  116  mills)... on all taxable property within ...(name of new,
  117  expanded, or combined hospital district)... in order to fund
  118  indigent care?” and thereafter the words “Yes” and “No.”
  119         Section 2. (1)For a public hospital described in
  120  subsection (2), the county where the public hospital is located
  121  shall obtain and publish an independent appraisal of the
  122  hospital’s assets and an independent economic analysis of the
  123  projected public benefit derived from maintaining the hospital
  124  as a public hospital or leasing or selling the hospital to a
  125  for-profit entity pursuant to s. 155.40, Florida Statutes. The
  126  economic analysis must consider the property and sales tax
  127  revenue available after the lease or sale and conversion of the
  128  hospital and the projected earnings of a potential endowment
  129  created from the proceeds of the lease or sale. The economic
  130  analysis must provide that, notwithstanding s. 155.40(16)(b),
  131  Florida Statutes, 100 percent of the net proceeds of the lease
  132  or sale shall be used to fund indigent care and that,
  133  notwithstanding s. 155.40(17), Florida Statutes, any ad valorem
  134  revenues shall be annually added to the endowment fund and 100
  135  percent of such revenues used for indigent care.
  136         (2) This section applies to a public hospital that:
  137         (a)Does not make an operating profit for 3 out of 5
  138  consecutive years, that is not within a hospital district, and
  139  that has not been subject to a hospital district referendum as
  140  provided in this act.
  141         (b)Does not make an operating profit for 3 out of 5
  142  consecutive years, that is not within a hospital district, and
  143  that has been subject to a hospital district referendum as
  144  provided in this act but in which a majority of electors voting
  145  did not approve the referendum.
  146         (c)Does not make an operating profit for 3 out of 5
  147  consecutive years, that is within a hospital district, and that
  148  has been subject to a hospital district referendum as provided
  149  in this act in which a majority of electors voting approved the
  150  referendum. For purposes of this paragraph, the calculation of
  151  the hospital’s operating profit shall include the property tax
  152  authorized by the electors as revenue.
  153         Section 3. (1)(a)An existing or planned hospital district
  154  seeking authorization or reauthorization to levy a property tax
  155  after health care coverage is provided by federal, state, or
  156  local government via Medicaid or other government-subsidized
  157  funding for residents who qualify for a subsidy on the health
  158  insurance exchange shall arrange to place on the next general
  159  election ballot of the electors residing within the hospital
  160  district the following question: “Shall the taxing authority of
  161  the ...(name of hospital district)... be authorized so the
  162  district may levy a tax of ...(amount of tax not to exceed 2
  163  mills)... in order to fund indigent care for residents of the
  164  taxing district whose care is not otherwise funded by Medicaid
  165  or other governmental programs?” and thereafter the words “Yes”
  166  and “No.”
  167         (b)If a majority of the electors voting approve the ballot
  168  question, the provisions of this act regarding reauthorization
  169  shall apply to the hospital district and its taxing authority.
  170         (c) All tax revenues generated to fund indigent care for
  171  residents of the district shall be distributed to all hospitals
  172  within the district based on a funding formula adopted by the
  173  district. The funding formula must ensure that tax dollars are
  174  equitably distributed based on the number of indigent patients
  175  treated at each hospital, without regard to whether the hospital
  176  is owned or operated by the health care district or by a private
  177  entity.
  178         (2)Taxes generated by an independent special hospital
  179  taxing district within a community redevelopment area shall be
  180  paid to the hospital taxing district and not the community
  181  redevelopment area.
  182         Section 4. (1) A hospital district may not establish a
  183  health care facility to be licensed under chapter 395 or chapter
  184  400 which is located outside the geographic boundaries of the
  185  district, unless the county where the district is located places
  186  the following question on the ballot of the electors in the
  187  county before December 31 of the year prior to commencing
  188  construction, and a majority of electors residing within the
  189  hospital district voting approve the ballot question: “Shall the
  190  ...(name of hospital district)... be authorized to establish a
  191  ...(identify type of facility to be licensed under chapter 395
  192  or chapter 400)... outside of the geographic boundaries of the
  193  hospital district in ...(identify county and municipality in
  194  which facility is to be located)....?” and thereafter the words
  195  “Yes” and “No.”
  196         (2) This section does not apply to or affect any health
  197  care facility licensed under chapter 395 or chapter 400 before
  198  the effective date of this act.
  199         Section 5. This act shall take effect upon becoming a law.