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CHAMBER ACTION |
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The Committee on Judiciary recommends the following: |
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Committee Substitute |
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Remove the entire bill and insert: |
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A bill to be entitled |
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An act relating to Jackson County Hospital District, |
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Jackson County; codifying special laws relating to the |
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district; amending, codifying, and reenacting all special |
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acts relating to the Jackson County Hospital District as a |
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single act; repealing all prior special acts related to |
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Jackson County Hospital Corporation; renaming the |
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corporation the Jackson County Hospital District; |
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providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Pursuant to section 189.429, Florida Statutes, |
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this act constitutes the codification of all special acts |
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relating to the Jackson County Hospital Corporation. It is the |
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intent of the Legislature in enacting this act to provide a |
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single comprehensive special act charter for the district, |
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including all current authority granted to the district by its |
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several legislative enactments. |
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Section 2. Chapters 19901 (1939), 21312 (1941), 57-1420, |
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61-2289, 69-1165, 71-689, 71-690, 76-389, and 79-483, Laws of |
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Florida, are amended, codified, reenacted, and repealed as |
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provided in this act. |
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Section 3. The charter for the Jackson County Hospital |
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District is re-created and reenacted to read: |
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Section 1. Boundaries of the district.--This act may be |
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cited as the “Jackson County Hospital District,” which shall |
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comprise and include all the territory within Jackson County, |
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less and except the following described portion thereof: |
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Begin at the SE corner of Section 34, Township 5 |
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North, Range 12 West, thence West to the SW corner of |
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Section 31, Township 5 North, Range 12 West; thence |
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North to the NW corner of Section19, Township 5 North, |
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Range 12 West; thence West to the intersection of the |
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South line of Section 13, Township 5 North, Range |
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14West and the center line of Holmes Creek; thence |
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Northeasterly meandering along the center line of |
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Holmes Creek to its intersection with the North line |
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of Section 23, Township 7 North, Range 13 West (being |
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the boundary line between the States of Florida and |
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Alabama); thence East along the boundary line between |
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the states of Florida and Alabama to the intersection |
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of said line with the center line of Marshall Creek in |
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Section 22, Township 7 North, Range 11 West; thence |
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Southeasterly, meandering along the center line of |
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Marshall Creek and the West line of the Chipola River |
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to the intersection of the West line of the Chipola |
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River and the Southline of Section 32, Township 6 |
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North, Range 10 West; thence West to the Southwest |
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corner of Section 34, Township 6 North, Range 12 West; |
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thence South to the SE corner of Section 16, Township |
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5 North, Range 12 West; thence East to the NE Corner |
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of Section 22, Township 5 North, Range 12 West; thence |
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South to the SE corner of Section 34, Township 5 |
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North, Range 12 West and the Point of Beginning (the |
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excepted property constituting the geographic area of |
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the Campbellton-Graceville Hospital District as |
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established by Section 1 of Chapter 61-2290, Laws of |
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Florida, 1961). |
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Section 2. Purpose of district.--There is hereby created a |
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public, non-profit independent special district, which is hereby |
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designated as Jackson County Hospital District, for the purposes |
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of erecting, building, equipping, maintaining, and operating at |
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or near Marianna, within the Jackson County Hospital District, a |
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public hospital for the providing of health care services to the |
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citizens and residents of the District and others seeking |
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medical care and treatment at the hospital, to be known as |
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Jackson Hospital. The District is hereby granted authority to |
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erect, build, equip, maintain, and operate the public hospital |
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and related facilities. The number of beds, services, and |
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facilities of the hospital may from time to time be increased, |
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decreased, enlarged, extended, or expanded at the discretion of |
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the District and in compliance with other applicable laws. The |
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purposes of the District in its exercise of the authorities |
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granted in this act are hereby declared to be public purposes. |
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Section 3. Membership and organization of the governing |
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board of the district.-- |
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(1) The affairs of the District shall be managed and |
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governed by a board of nine trustees who shall be directors of |
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the District, appointed as hereinafter provided. Each of the |
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trustees shall be a citizen and resident of the Jackson County |
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Hospital District. The trustees named, qualified, and serving |
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shall continue to be trustees for and during the term of their |
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present commission and until their successors shall be named, |
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appointed, and have qualified. The term of office of each |
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successor trustee shall be 4 years. Upon the death, |
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resignation, or removal of any trustee, his or her unexpired |
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term shall be filled by appointment. All trustees of the |
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District shall be appointed by the Governor. |
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(2) The members of the board of trustees, the officers, |
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and the employees of the District having authority to receive |
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and disburse funds belonging to the District shall give bond, |
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payable to the District, conditioned upon their faithful |
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handling and accounting of all such funds received or disbursed |
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by them. The bond shall be in an amount approved by the board |
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of trustees, sufficient to indemnify the District against all |
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losses occasioned by any violation of its terms. The premium |
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for such bond shall be paid by the District. |
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(3) The members of the board of trustees shall serve |
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without compensation but shall be reimbursed for their |
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reasonable and necessary expenses incurred in attending to the |
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affairs and business of the District. |
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(4) The board of trustees shall elect one of its members |
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as chair of the board, who shall preside over meetings thereof |
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and exercise such additional powers as may be authorized in the |
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bylaws of the District. |
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(5) A majority of the members of the board of trustees |
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shall at any regular or called meeting constitute a quorum; and |
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they shall have power to adopt by-laws, and rules and |
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regulations for the government of the District.
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(6) The provisions of chapter 120, Florida Statutes, shall |
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not apply to the District.
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(7) The District shall be afforded all the privileges and |
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immunities of section 768.28, Florida Statutes, or its successor |
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in function.
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Section 4. Powers of the district and its governing |
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body.--
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(1) The District shall:
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(a) Have perpetual existence.
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(b) Be a non-profit organization, its net earnings to be |
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placed in a reserve fund and used and expended only for public |
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hospital and health care purposes or for related charitable, |
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scientific, or educational purposes.
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(c) Issue no stock or shares and pay no dividends.
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(2) The board of trustees of the District shall have all |
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of the powers of a body corporate, including, but not limited to |
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the power:
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(a) To sue and be sued under the name of Jackson County |
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Hospital District, without waiving any privilege or immunity of |
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section 768.28, Florida Statutes.
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(b) To adopt and use a common corporate seal and to alter |
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the same.
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(c) To contract and be contracted with; purchase, take, |
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receive, lease, take by gift, grant, devise, or otherwise |
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acquire, own, hold, improve, use, or otherwise deal in and with |
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real or personal property, or any interest therein, wherever |
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situated.
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(d) To incur liabilities, borrow money at such rates of |
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interest as the District may determine, issue its notes, bonds, |
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or other obligations, and secure any of its obligations by |
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mortgage, pledge, or assignment of all or any of its property, |
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franchises, or income.
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(e) To sell, convey, mortgage, pledge, lease, exchange, |
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transfer, or otherwise dispose of all or any part of its |
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property and assets.
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(f) To purchase, take, receive, subscribe for, or |
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otherwise acquire, own, hold, vote, use, employ, sell, mortgage, |
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lend, pledge or otherwise dispose of and otherwise use and deal |
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in and with, shares and other interests in, or obligations of, |
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other domestic or foreign corporations, whether for profit or |
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not for profit, obligations of the United States, or of any |
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other government, state, territory, governmental district, |
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municipality, or of any instrumentality thereof.
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(g) To lend money for its corporate purposes, invest and |
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reinvest its funds, and take and hold real and personal property |
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as security for the payment of funds so loaned or invested; to |
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make donations for the public welfare or for charitable, |
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scientific, educational, or other similar purposes.
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(h) To establish, construct, equip, operate, and maintain |
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hospitals and related facilities for limited medical care as, in |
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its opinion, shall be necessary for the use of the citizens and |
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residents of the District and for the public good, the location |
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of such hospitals and related facilities for limited medical |
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care to be determined by the board.
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(i) To have and exercise all powers necessary, incidental |
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or convenient to effect any or all of the purposes for which the |
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District is organized under the provisions of this act. |
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Provided, however, that any mortgage of the real property of the |
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District shall first be approved by the Board of County |
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Commissioners of Jackson County.
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(3) The board shall provide for the operation and |
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maintenance of all health care facilities owned, operated, or |
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maintained by the District.
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(4) The board shall employ and discharge all persons who |
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may be employed by the District or its health care facilities |
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and to fix their salaries. The board may provide for the |
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reimbursement of reasonable and necessary expenses of employees |
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and physicians incurred in attending to the affairs and business |
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of the District. The board may recruit employees and pay |
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reasonable expenses incurred therewith as determined by the |
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board. The board may also grant scholarships to students upon |
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such reasonable terms as determined by the board.
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(5) The board shall make all appointments to the |
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professional staff and shall grant practice privileges to |
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physicians, dentists, and other appropriate persons. No person |
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shall be appointed to the professional staff or granted |
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privileges to practice at Jackson Hospital unless duly licensed |
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by the appropriate examining agency of the state. The board of |
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trustees shall adopt by laws and rules and regulations |
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promulgating such additional qualifications and criteria with |
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which applicants for privileges and appointment to the |
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professional staff shall be required to comply; providing for |
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delineation, restriction, suspension, and revocation of |
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privileges; and providing for periodic review and reappointment |
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of staff members. Applications for privileges and staff |
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membership shall be submitted in writing, in a manner and form |
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approved by the board. The board shall grant privileges and |
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make appointments only after review of the application and |
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consideration of recommendations from the professional staff. |
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Upon a grant of privileges and appointment to the professional |
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staff, a practitioner shall be entitled to utilize the |
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facilities of the District for the care and treatment of his or |
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her patients, but only in accordance with the by-laws and rules |
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and regulations adopted by the board of trustees and in |
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accordance with the laws of the state.
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(6) The board shall have power and authority to receive |
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and disburse for the purposes herein authorized all public |
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moneys appropriated to and paid over to the District, as well as |
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other funds received by or on behalf of the District.
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(7) The board shall further have authority to provide for |
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the prescription of rules and regulations for the treatment and |
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admission of all patients; to prescribe rates, fees, and charges |
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to be made to patients for services provided by the District, |
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and to charge and modify the same from time to time; to |
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determine classes of patients who shall be treated or admitted |
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as free patients or otherwise entitled to uncompensated |
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services, and to adopt statements of policy relating thereto; to |
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sue for and collect all amounts that may reasonably be charged |
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to patients, their families, or other persons legally |
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responsible for such charges rendered in connection with the |
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treatment of patients.
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(8) The board is hereby authorized, in connection with its |
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activities of constructing, equipping, operating, and |
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maintaining a public hospital and related health care |
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facilities, to enter into such contracts and agreements with |
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governmental agencies, federal, state or local, other hospitals |
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and health care facilities, and other individuals, partnerships, |
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and corporations, whether organized for profit or not for profit |
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as in the opinion of the board of trustees are necessary or |
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appropriate to the accomplishment of the purposes of this act. |
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Any such agreement may provide for the association of the |
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District with one or more agencies, hospitals, or health care |
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facilities for joint participation in acquiring, purchasing, or |
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providing of services, materials, supplies, or facilities |
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necessary or incidental to the purposes of the District.
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Section 5. Authorization for Jackson County Board of |
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County Commissioners to fund hospitals; source of funds.--
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(1) The Board of County Commissioners of Jackson County |
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and their successors are hereby charged with the duty of |
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providing revenue for the erection, building, equipping, and |
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maintenance and operation of the aforesaid Jackson Hospital, |
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from year to year, such revenue or moneys representing same to |
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be paid over to the Trustees of said Jackson County Hospital |
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District by, or upon the order of, the Board of County |
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Commissioners of Jackson County, Florida and their successors: |
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Provided, however, that not more than 5 mills on the dollar of |
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ad valorem taxes shall be levied in any given year for the |
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purposes aforesaid.
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(2) For the purposes of erecting, building, equipment, |
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maintenance, and operation of the said Jackson Hospital, or any |
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of such purposes, there is hereby appropriated to the District |
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$12,000 annually from the funds that are authorized for Jackson |
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County pursuant to section 212.20(6)(d)7., Florida Statutes, or |
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its successor in function.
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Section 6. Bonds.--
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(1) The governing body of Jackson County is authorized to |
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issue bonds payable from ad valorem taxation or from other |
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legally available revenues of the county or the district and to |
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pledge therefor, and to levy or cause to be levied an ad valorem |
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tax not to exceed 2 mills per annum on all property not |
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otherwise exempt in the hospital district over and above all |
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other taxes authorized or limited by law, sufficient to pay the |
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principal and interest as the same become due on such bonds, |
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which shall be in such form and denomination, bearing an |
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interest rate that does not exceed that authorized by general |
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law. The Board of County Commissioners is authorized to refund |
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any or all such bonds heretofore or hereafter issued for any and |
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all lawful hospital purposes.
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(2) All bonds of the Jackson County Hospital District, |
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payable from ad valorem taxation and maturing more than 12 |
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months after issuance, may be issued only when approved by vote |
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of the electors. The election shall be called and held by the |
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governing body of Jackson County subject to the provisions of |
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general law. In the event it is determined by the Board of |
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Trustees to hold such an election, the governing body of Jackson |
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County shall by resolution order such election to be held in the |
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District, and shall give notice of said election by publication |
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in a newspaper of general circulation within the District. The |
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costs of the election shall be paid by the District, which is |
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hereby authorized to pay or reimburse the governing body of |
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Jackson County for the costs of any election or elections as |
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required by this act.
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(3) The procedure provided in general law shall govern the |
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calling and conduct of such election.
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(4) The form of such bonds shall be fixed by resolution of |
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the governing body of Jackson County and the bonds shall be |
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signed by the Chairman of the Board and countersigned by the |
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secretary of the Board under the seal of the District. The |
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coupons, if any, shall be executed by the facsimile signatures |
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of said officers. The delivery, at any subsequent date, of any |
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bond and coupon so executed shall be valid, although before the |
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date of delivery the person signing such bonds or coupons shall |
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cease to hold office.
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(5) The bonds may be issued in the form and manner as |
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determined by the Board of the District not inconsistent with |
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general law. This act shall be construed to provide complete |
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authority to issue debt in any reasonable form and manner as |
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determined by the Board of the District that are not |
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inconsistent with general law.
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(6) No resolution or proceeding in respect to the issuance |
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of bonds hereunder shall be necessary, except such as is |
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required by this section and general law.
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Section 7. District tax exemption.--All property which may |
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be acquired or owned by the said District shall be exempt from |
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taxation of every kind, except that this exemption shall not |
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apply to interest earnings subject to taxation under chapter |
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220, Florida Statutes.
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Section 8. Liens.--
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(1) Every individual, partnership, firm, association, |
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corporation, institution, and governmental unit, and every |
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combination of any of the foregoing operating a hospital in |
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Jackson County, shall be entitled to a lien for all reasonable |
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charges for hospital care, treatment, and maintenance of ill or |
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injured persons upon any and all causes of action, suits, |
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claims, counterclaims, and demands accruing to the persons to |
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whom such care, treatment, or maintenance are furnished, or |
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accruing to the legal representatives of such persons, and upon |
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all judgments, settlements, and settlement agreements rendered |
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or entered into by virtue thereof, on account of illness or |
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injuries giving rise to such causes of action, suits, claims, |
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counterclaims, demands, judgments, settlement, or settlement |
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agreements and which necessitated or shall have necessitated |
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such hospital care, treatment, and maintenance.
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(2) In order to perfect such lien, the executive officer |
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or agent of a hospital, before or within 10 days after any such |
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person shall have been discharged from such hospital, shall file |
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in the office of the clerk of the circuit court of Jackson |
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County a certified claim in writing setting forth the name and |
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address of such patient, as it shall appear on the records of |
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such hospital, the name and location of such hospital, and the |
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name and address of the executive officer or agent of such |
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hospital, the date of admission to and discharge of such patient |
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therefrom, the amount claimed to be due for such hospital care, |
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treatment, and maintenance, and, to the best knowledge of the |
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person signing such claim, the names and addresses of all |
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persons, firms, or corporations claimed by such ill or injured |
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person or by the legal representative of such person, to be |
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liable on account of such illness or injuries; such claimant |
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shall also, within one day after the filing of such claim or |
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lien, mail a copy thereof by registered or certified mail, |
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postage prepaid, to each person, firm or corporation so claimed |
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to be liable on account of such illness or injuries, at the |
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address so given in such statement. The filing of such claim |
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353
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shall be notice thereof to all persons, for injuries, whether or |
|
354
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not they are named in such claim or lien, and whether or not a |
|
355
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copy of such claim shall have been received by them.
|
|
356
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(3) The clerk of the circuit court of Jackson County shall |
|
357
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endorse on such claim the date and hour of filing, shall provide |
|
358
|
a hospital lien book with proper index in which he or she shall |
|
359
|
record such claim, and shall show therein the date and hour of |
|
360
|
such filing. He or she shall be paid by the claimant as his or |
|
361
|
her fee for such filing and recording of each claim the sum of |
|
362
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$1.50.
|
|
363
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(4) No release or satisfaction of any action, suit, claim, |
|
364
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counterclaim, demand, judgment, settlement, or settlement |
|
365
|
agreement, or of any of them, shall be valid or effectual as |
|
366
|
against such lien unless such lienholder shall join therein or |
|
367
|
execute a release of such lien. Any acceptance of a release or |
|
368
|
satisfaction of any such cause of action, suit, claim, |
|
369
|
counterclaim, demand, or judgment and any settlement of any of |
|
370
|
the foregoing in the absence of a release or satisfaction of the |
|
371
|
lien referred to in this section shall prima facie constitute an |
|
372
|
impairment of such lien, and the lienholder shall be entitled to |
|
373
|
an action at law for damages on account of such impairment, and |
|
374
|
in such action may recover from the one accepting such release |
|
375
|
or satisfaction or making such settlement the reasonable cost of |
|
376
|
such hospital care, treatment, and maintenance. Satisfaction of |
|
377
|
any judgment rendered in favor of the lienholder in any such |
|
378
|
action shall operate as a satisfaction of the lien. Any action |
|
379
|
by the lienholder shall be brought in the court having |
|
380
|
jurisdiction of the amount of the lienholder's claim and may be |
|
381
|
brought and maintained in the county wherein the lienholder has |
|
382
|
his or her, its, or their residence or place of business. If |
|
383
|
the lienholder shall prevail in such action, the lienholder |
|
384
|
shall be entitled to recover from the defendant, in addition to |
|
385
|
costs otherwise allowed by law, all reasonable attorney's fees |
|
386
|
and expenses incident to the matter.
|
|
387
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(5) No person shall be entitled to recover or receive |
|
388
|
damages on account of hospital care, treatment, and maintenance |
|
389
|
unless he or she shall affirmatively show that he or she has |
|
390
|
paid the cost thereof. Provided, however, that in any action, |
|
391
|
suit, or counterclaim brought on account of illness or injury, |
|
392
|
the plaintiff or counterclaimant may include as an item of |
|
393
|
damage the cost of such hospital care, treatment, and |
|
394
|
maintenance, if prior to the trial of the action he or she shall |
|
395
|
have notified the lienholder referred to in this section of the |
|
396
|
pendency of such action or counterclaim; whereupon such |
|
397
|
lienholder shall have the right, without leave of court, to |
|
398
|
intervene in the case and prove the reasonable cost of such |
|
399
|
hospital care, treatment, and maintenance. Any verdict that may |
|
400
|
be rendered in favor of the plaintiff or counterclaimant shall |
|
401
|
set forth the amount the jury finds to be due the lienholder for |
|
402
|
such hospital care, treatment, and maintenance and the name of |
|
403
|
such lienholder. Any judgment rendered in the case in favor of |
|
404
|
the plaintiff or counterclaimant shall also be in favor of the |
|
405
|
lienholder in the amount set forth by the jury's verdict. The |
|
406
|
provisions of this section shall not be applicable to accidents |
|
407
|
or injuries within the purview of the workers compensation act |
|
408
|
of this state.
|
|
409
|
Section 9. Financial disclosure; the board.--
|
|
410
|
(1) Requirements for financial disclosure, meeting |
|
411
|
notices, reporting, and public records, shall be as set forth in |
|
412
|
chapters 119, 189, 286,and 395, Florida Statutes, as they may be |
|
413
|
amended from time to time.
|
|
414
|
Section 10. Preparation of budget.--The board of trustees |
|
415
|
shall provide for the preparation of an annual budget in |
|
416
|
accordance with generally accepted accounting principles.
|
|
417
|
Section 11. Amendment and dissolution of the |
|
418
|
district.--The District may be dissolved only by action of the |
|
419
|
Legislature. This act may not be amended except by action of |
|
420
|
the Legislature. |
|
421
|
Section 12. Comprehensive planning.--Except as may |
|
422
|
otherwise be required by general law, comprehensive planning is |
|
423
|
not required by this act. |
|
424
|
Section 4. Notice.--It is found and determined that the |
|
425
|
notice of intention to apply for this legislation was given in |
|
426
|
the time, form, and manner required by the Constitution and Laws |
|
427
|
of the state. Said notice is found to be sufficient and is |
|
428
|
hereby validated and approved. |
|
429
|
Section 5. If any provision of this act or its application |
|
430
|
to any person or circumstance is held invalid, the invalidity |
|
431
|
does not affect other provisions or applications of the act |
|
432
|
which can be given effect without the invalid provision or |
|
433
|
application, and to this end the provisions of this act are |
|
434
|
declared severable. |
|
435
|
Section 6. Chapters 19901, 21312, 57-1420, 61-2289, 69- |
|
436
|
1165, 71-689, 71-690, 76-389, and 79-483, Laws of Florida, are |
|
437
|
repealed.
|
|
438
|
Section 7. This act shall take effect upon becoming a law. |
|
439
|
|
