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Bill Text: HB 1223
HB 1223 2003
6          The Committee on Judiciary recommends the following:
8          Committee Substitute
9          Remove the entire bill and insert:
10 A bill to be entitled
11          An act relating to Jackson County Hospital District,
12    Jackson County; codifying special laws relating to the
13    district; amending, codifying, and reenacting all special
14    acts relating to the Jackson County Hospital District as a
15    single act; repealing all prior special acts related to
16    Jackson County Hospital Corporation; renaming the
17    corporation the Jackson County Hospital District;
18    providing an effective date.
20          Be It Enacted by the Legislature of the State of Florida:
22          Section 1. Pursuant to section 189.429, Florida Statutes,
23    this act constitutes the codification of all special acts
24    relating to the Jackson County Hospital Corporation. It is the
25    intent of the Legislature in enacting this act to provide a
26    single comprehensive special act charter for the district,
27    including all current authority granted to the district by its
28    several legislative enactments.
29          Section 2. Chapters 19901 (1939), 21312 (1941), 57-1420,
30    61-2289, 69-1165, 71-689, 71-690, 76-389, and 79-483, Laws of
31    Florida, are amended, codified, reenacted, and repealed as
32    provided in this act.
33          Section 3. The charter for the Jackson County Hospital
34    District is re-created and reenacted to read:
35          Section 1. Boundaries of the district.--This act may be
36    cited as the “Jackson County Hospital District,” which shall
37    comprise and include all the territory within Jackson County,
38    less and except the following described portion thereof:
39          Begin at the SE corner of Section 34, Township 5
40    North, Range 12 West, thence West to the SW corner of
41    Section 31, Township 5 North, Range 12 West; thence
42    North to the NW corner of Section19, Township 5 North,
43    Range 12 West; thence West to the intersection of the
44    South line of Section 13, Township 5 North, Range
45    14West and the center line of Holmes Creek; thence
46    Northeasterly meandering along the center line of
47    Holmes Creek to its intersection with the North line
48    of Section 23, Township 7 North, Range 13 West (being
49    the boundary line between the States of Florida and
50    Alabama); thence East along the boundary line between
51    the states of Florida and Alabama to the intersection
52    of said line with the center line of Marshall Creek in
53    Section 22, Township 7 North, Range 11 West; thence
54    Southeasterly, meandering along the center line of
55    Marshall Creek and the West line of the Chipola River
56    to the intersection of the West line of the Chipola
57    River and the Southline of Section 32, Township 6
58    North, Range 10 West; thence West to the Southwest
59    corner of Section 34, Township 6 North, Range 12 West;
60    thence South to the SE corner of Section 16, Township
61    5 North, Range 12 West; thence East to the NE Corner
62    of Section 22, Township 5 North, Range 12 West; thence
63    South to the SE corner of Section 34, Township 5
64    North, Range 12 West and the Point of Beginning (the
65    excepted property constituting the geographic area of
66    the Campbellton-Graceville Hospital District as
67    established by Section 1 of Chapter 61-2290, Laws of
68    Florida, 1961).
69          Section 2. Purpose of district.--There is hereby created a
70    public, non-profit independent special district, which is hereby
71    designated as Jackson County Hospital District, for the purposes
72    of erecting, building, equipping, maintaining, and operating at
73    or near Marianna, within the Jackson County Hospital District, a
74    public hospital for the providing of health care services to the
75    citizens and residents of the District and others seeking
76    medical care and treatment at the hospital, to be known as
77    Jackson Hospital. The District is hereby granted authority to
78    erect, build, equip, maintain, and operate the public hospital
79    and related facilities. The number of beds, services, and
80    facilities of the hospital may from time to time be increased,
81    decreased, enlarged, extended, or expanded at the discretion of
82    the District and in compliance with other applicable laws. The
83    purposes of the District in its exercise of the authorities
84    granted in this act are hereby declared to be public purposes.
85          Section 3. Membership and organization of the governing
86    board of the district.--
87          (1) The affairs of the District shall be managed and
88    governed by a board of nine trustees who shall be directors of
89    the District, appointed as hereinafter provided. Each of the
90    trustees shall be a citizen and resident of the Jackson County
91    Hospital District. The trustees named, qualified, and serving
92    shall continue to be trustees for and during the term of their
93    present commission and until their successors shall be named,
94    appointed, and have qualified. The term of office of each
95    successor trustee shall be 4 years. Upon the death,
96    resignation, or removal of any trustee, his or her unexpired
97    term shall be filled by appointment. All trustees of the
98    District shall be appointed by the Governor.
99          (2) The members of the board of trustees, the officers,
100    and the employees of the District having authority to receive
101    and disburse funds belonging to the District shall give bond,
102    payable to the District, conditioned upon their faithful
103    handling and accounting of all such funds received or disbursed
104    by them. The bond shall be in an amount approved by the board
105    of trustees, sufficient to indemnify the District against all
106    losses occasioned by any violation of its terms. The premium
107    for such bond shall be paid by the District.
108          (3) The members of the board of trustees shall serve
109    without compensation but shall be reimbursed for their
110    reasonable and necessary expenses incurred in attending to the
111    affairs and business of the District.
112          (4) The board of trustees shall elect one of its members
113    as chair of the board, who shall preside over meetings thereof
114    and exercise such additional powers as may be authorized in the
115    bylaws of the District.
116          (5) A majority of the members of the board of trustees
117    shall at any regular or called meeting constitute a quorum; and
118    they shall have power to adopt by-laws, and rules and
119    regulations for the government of the District.
120          (6) The provisions of chapter 120, Florida Statutes, shall
121    not apply to the District.
122          (7) The District shall be afforded all the privileges and
123    immunities of section 768.28, Florida Statutes, or its successor
124    in function.
125          Section 4. Powers of the district and its governing
126    body.--
127          (1) The District shall:
128          (a) Have perpetual existence.
129          (b) Be a non-profit organization, its net earnings to be
130    placed in a reserve fund and used and expended only for public
131    hospital and health care purposes or for related charitable,
132    scientific, or educational purposes.
133          (c) Issue no stock or shares and pay no dividends.
134          (2) The board of trustees of the District shall have all
135    of the powers of a body corporate, including, but not limited to
136    the power:
137          (a) To sue and be sued under the name of Jackson County
138    Hospital District, without waiving any privilege or immunity of
139    section 768.28, Florida Statutes.
140          (b) To adopt and use a common corporate seal and to alter
141    the same.
142          (c) To contract and be contracted with; purchase, take,
143    receive, lease, take by gift, grant, devise, or otherwise
144    acquire, own, hold, improve, use, or otherwise deal in and with
145    real or personal property, or any interest therein, wherever
146    situated.
147          (d) To incur liabilities, borrow money at such rates of
148    interest as the District may determine, issue its notes, bonds,
149    or other obligations, and secure any of its obligations by
150    mortgage, pledge, or assignment of all or any of its property,
151    franchises, or income.
152          (e) To sell, convey, mortgage, pledge, lease, exchange,
153    transfer, or otherwise dispose of all or any part of its
154    property and assets.
155          (f) To purchase, take, receive, subscribe for, or
156    otherwise acquire, own, hold, vote, use, employ, sell, mortgage,
157    lend, pledge or otherwise dispose of and otherwise use and deal
158    in and with, shares and other interests in, or obligations of,
159    other domestic or foreign corporations, whether for profit or
160    not for profit, obligations of the United States, or of any
161    other government, state, territory, governmental district,
162    municipality, or of any instrumentality thereof.
163          (g) To lend money for its corporate purposes, invest and
164    reinvest its funds, and take and hold real and personal property
165    as security for the payment of funds so loaned or invested; to
166    make donations for the public welfare or for charitable,
167    scientific, educational, or other similar purposes.
168          (h) To establish, construct, equip, operate, and maintain
169    hospitals and related facilities for limited medical care as, in
170    its opinion, shall be necessary for the use of the citizens and
171    residents of the District and for the public good, the location
172    of such hospitals and related facilities for limited medical
173    care to be determined by the board.
174          (i) To have and exercise all powers necessary, incidental
175    or convenient to effect any or all of the purposes for which the
176    District is organized under the provisions of this act.
177    Provided, however, that any mortgage of the real property of the
178    District shall first be approved by the Board of County
179    Commissioners of Jackson County.
180          (3) The board shall provide for the operation and
181    maintenance of all health care facilities owned, operated, or
182    maintained by the District.
183          (4) The board shall employ and discharge all persons who
184    may be employed by the District or its health care facilities
185    and to fix their salaries. The board may provide for the
186    reimbursement of reasonable and necessary expenses of employees
187    and physicians incurred in attending to the affairs and business
188    of the District. The board may recruit employees and pay
189    reasonable expenses incurred therewith as determined by the
190    board. The board may also grant scholarships to students upon
191    such reasonable terms as determined by the board.
192          (5) The board shall make all appointments to the
193    professional staff and shall grant practice privileges to
194    physicians, dentists, and other appropriate persons. No person
195    shall be appointed to the professional staff or granted
196    privileges to practice at Jackson Hospital unless duly licensed
197    by the appropriate examining agency of the state. The board of
198    trustees shall adopt by laws and rules and regulations
199    promulgating such additional qualifications and criteria with
200    which applicants for privileges and appointment to the
201    professional staff shall be required to comply; providing for
202    delineation, restriction, suspension, and revocation of
203    privileges; and providing for periodic review and reappointment
204    of staff members. Applications for privileges and staff
205    membership shall be submitted in writing, in a manner and form
206    approved by the board. The board shall grant privileges and
207    make appointments only after review of the application and
208    consideration of recommendations from the professional staff.
209    Upon a grant of privileges and appointment to the professional
210    staff, a practitioner shall be entitled to utilize the
211    facilities of the District for the care and treatment of his or
212    her patients, but only in accordance with the by-laws and rules
213    and regulations adopted by the board of trustees and in
214    accordance with the laws of the state.
215          (6) The board shall have power and authority to receive
216    and disburse for the purposes herein authorized all public
217    moneys appropriated to and paid over to the District, as well as
218    other funds received by or on behalf of the District.
219          (7) The board shall further have authority to provide for
220    the prescription of rules and regulations for the treatment and
221    admission of all patients; to prescribe rates, fees, and charges
222    to be made to patients for services provided by the District,
223    and to charge and modify the same from time to time; to
224    determine classes of patients who shall be treated or admitted
225    as free patients or otherwise entitled to uncompensated
226    services, and to adopt statements of policy relating thereto; to
227    sue for and collect all amounts that may reasonably be charged
228    to patients, their families, or other persons legally
229    responsible for such charges rendered in connection with the
230    treatment of patients.
231          (8) The board is hereby authorized, in connection with its
232    activities of constructing, equipping, operating, and
233    maintaining a public hospital and related health care
234    facilities, to enter into such contracts and agreements with
235    governmental agencies, federal, state or local, other hospitals
236    and health care facilities, and other individuals, partnerships,
237    and corporations, whether organized for profit or not for profit
238    as in the opinion of the board of trustees are necessary or
239    appropriate to the accomplishment of the purposes of this act.
240    Any such agreement may provide for the association of the
241    District with one or more agencies, hospitals, or health care
242    facilities for joint participation in acquiring, purchasing, or
243    providing of services, materials, supplies, or facilities
244    necessary or incidental to the purposes of the District.
245          Section 5. Authorization for Jackson County Board of
246    County Commissioners to fund hospitals; source of funds.--
247          (1) The Board of County Commissioners of Jackson County
248    and their successors are hereby charged with the duty of
249    providing revenue for the erection, building, equipping, and
250    maintenance and operation of the aforesaid Jackson Hospital,
251    from year to year, such revenue or moneys representing same to
252    be paid over to the Trustees of said Jackson County Hospital
253    District by, or upon the order of, the Board of County
254    Commissioners of Jackson County, Florida and their successors:
255    Provided, however, that not more than 5 mills on the dollar of
256    ad valorem taxes shall be levied in any given year for the
257    purposes aforesaid.
258          (2) For the purposes of erecting, building, equipment,
259    maintenance, and operation of the said Jackson Hospital, or any
260    of such purposes, there is hereby appropriated to the District
261    $12,000 annually from the funds that are authorized for Jackson
262    County pursuant to section 212.20(6)(d)7., Florida Statutes, or
263    its successor in function.
264          Section 6. Bonds.--
265          (1) The governing body of Jackson County is authorized to
266    issue bonds payable from ad valorem taxation or from other
267    legally available revenues of the county or the district and to
268    pledge therefor, and to levy or cause to be levied an ad valorem
269    tax not to exceed 2 mills per annum on all property not
270    otherwise exempt in the hospital district over and above all
271    other taxes authorized or limited by law, sufficient to pay the
272    principal and interest as the same become due on such bonds,
273    which shall be in such form and denomination, bearing an
274    interest rate that does not exceed that authorized by general
275    law. The Board of County Commissioners is authorized to refund
276    any or all such bonds heretofore or hereafter issued for any and
277    all lawful hospital purposes.
278          (2) All bonds of the Jackson County Hospital District,
279    payable from ad valorem taxation and maturing more than 12
280    months after issuance, may be issued only when approved by vote
281    of the electors. The election shall be called and held by the
282    governing body of Jackson County subject to the provisions of
283    general law. In the event it is determined by the Board of
284    Trustees to hold such an election, the governing body of Jackson
285    County shall by resolution order such election to be held in the
286    District, and shall give notice of said election by publication
287    in a newspaper of general circulation within the District. The
288    costs of the election shall be paid by the District, which is
289    hereby authorized to pay or reimburse the governing body of
290    Jackson County for the costs of any election or elections as
291    required by this act.
292          (3) The procedure provided in general law shall govern the
293    calling and conduct of such election.
294          (4) The form of such bonds shall be fixed by resolution of
295    the governing body of Jackson County and the bonds shall be
296    signed by the Chairman of the Board and countersigned by the
297    secretary of the Board under the seal of the District. The
298    coupons, if any, shall be executed by the facsimile signatures
299    of said officers. The delivery, at any subsequent date, of any
300    bond and coupon so executed shall be valid, although before the
301    date of delivery the person signing such bonds or coupons shall
302    cease to hold office.
303          (5) The bonds may be issued in the form and manner as
304    determined by the Board of the District not inconsistent with
305    general law. This act shall be construed to provide complete
306    authority to issue debt in any reasonable form and manner as
307    determined by the Board of the District that are not
308    inconsistent with general law.
309          (6) No resolution or proceeding in respect to the issuance
310    of bonds hereunder shall be necessary, except such as is
311    required by this section and general law.
312          Section 7. District tax exemption.--All property which may
313    be acquired or owned by the said District shall be exempt from
314    taxation of every kind, except that this exemption shall not
315    apply to interest earnings subject to taxation under chapter
316    220, Florida Statutes.
317          Section 8. Liens.--
318          (1) Every individual, partnership, firm, association,
319    corporation, institution, and governmental unit, and every
320    combination of any of the foregoing operating a hospital in
321    Jackson County, shall be entitled to a lien for all reasonable
322    charges for hospital care, treatment, and maintenance of ill or
323    injured persons upon any and all causes of action, suits,
324    claims, counterclaims, and demands accruing to the persons to
325    whom such care, treatment, or maintenance are furnished, or
326    accruing to the legal representatives of such persons, and upon
327    all judgments, settlements, and settlement agreements rendered
328    or entered into by virtue thereof, on account of illness or
329    injuries giving rise to such causes of action, suits, claims,
330    counterclaims, demands, judgments, settlement, or settlement
331    agreements and which necessitated or shall have necessitated
332    such hospital care, treatment, and maintenance.
333          (2) In order to perfect such lien, the executive officer
334    or agent of a hospital, before or within 10 days after any such
335    person shall have been discharged from such hospital, shall file
336    in the office of the clerk of the circuit court of Jackson
337    County a certified claim in writing setting forth the name and
338    address of such patient, as it shall appear on the records of
339    such hospital, the name and location of such hospital, and the
340    name and address of the executive officer or agent of such
341    hospital, the date of admission to and discharge of such patient
342    therefrom, the amount claimed to be due for such hospital care,
343    treatment, and maintenance, and, to the best knowledge of the
344    person signing such claim, the names and addresses of all
345    persons, firms, or corporations claimed by such ill or injured
346    person or by the legal representative of such person, to be
347    liable on account of such illness or injuries; such claimant
348    shall also, within one day after the filing of such claim or
349    lien, mail a copy thereof by registered or certified mail,
350    postage prepaid, to each person, firm or corporation so claimed
351    to be liable on account of such illness or injuries, at the
352    address so given in such statement. The filing of such claim
353    shall be notice thereof to all persons, for injuries, whether or
354    not they are named in such claim or lien, and whether or not a
355    copy of such claim shall have been received by them.
356          (3) The clerk of the circuit court of Jackson County shall
357    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    $1.50.
363          (4) No release or satisfaction of any action, suit, claim,
364    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          (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.