Chapter 234 - Health and Sanitation (Special Acts) Chapter 234
HEALTH AND SANITATION*
Article I. In General
Sec. 234-1. Reserved.
Sec. 234-2. Rubbish,weed control.
Secs. 234-3-234-30. Reserved.
Article H. Hospital Services
Sec. 234-31. Liens for hospital services.
Secs. 234-32-234-43. Reserved.
*Code reference—Ordinances pertaining to health and sanitation, ch. 66.
Cross reference—Child care centers, §218-26 et seq.
State law references—Authority to provide health programs, welfare programs and hospitals, F.S. § 125.01(1)(e); public
health facilities,F.S. ch. 154;public health and social welfare generally,F.S. chs. 381-430.
Supp.No.24 SA234:1
HEALTH AND SANITATION §234-31
ARTICLE I. IN GENERAL and that is located in Collier County is entitled
under this section to a lien, for all reasonable
Sec. 234-1. Reserved. hospital charges due and owing to the hospital for
Editor's note—Laws of Florida,ch.94-482,§2,approved medically necessary health care services provided
May 13,1994,repealed§234-1,which pertained to fees of the to an injured person, upon the proceeds of judg-
health department. See the Code Comparative Table. ments and settlements recovered from a tortfea-
sor who caused the injuries to the injured person
Sec. 234-2. Rubbish, weed control. thus necessitating the health care services. As
(a) The board of county commissioners of Col- used in this section, the term "patient" includes
Tier County may,upon the petition of 75 percent of the legal representatives of the injured person.
the freeholders residing within any subdivision, a
plat of which is recorded in the public records of (b) The lien for all reasonable charges is lim-
said county, and upon resolution, require the ited to the actual amount of all reasonable charges
owners of any lot or lots in the particular subdi recovered by the patient from a tortfeasor, less
vision to keep such lots free from rubbish, filth, the hospital's pro rata share of costs and attorney's
trash, weeds and high grass. fees incurred by the patient in recovering such
charges from the tortfeasor. In determining the
(b) If after notice first given for 60 days by hospital's pro rata share of those costs and
registered mail at the address of the owners of attorney's fees, the hospital must have deducted
said lot or lots as same appears on the tax rolls of from its recovery an amount equal to the percent-
said county, said lot or lots are not freed from age of the judgment or settlement which is for
rubbish, filth, trash, weeds or high grass the costs and attorney's fees.
board of county commissioners may, upon resolu-
tion, clean or cause to be cleaned any such lot or (c) All reasonable charges must be calculated
lots of all rubbish, filth, trash, refuse, weeds and after reduction for all amounts paid or at any time
high grass and tax the cost of same against the payable under any third-party payor contract or
owners of the property, and the same shall consti- agreements between the hospital and third-party
tute a lien on such property, and may proceed to payors or from any other private, public, county,
collect the cost of such cleaning by foreclosure or state, or federal insurance, contract, agreement,
otherwise. benefit, program, or plan. If benefits are payable
(Laws of Fla. ch. 63-1237, §§ 1, 2) under personal injury protection insurance as
Editor's note—Laws of Fla.ch.63-1237 was amended by provided in F.S. Ch. 627, and the injured person
Laws of Fla. ch. 67-1234.While the introductory language to has lost wages, 25 percent of the amount of the
§1 of the 1967 act indicated that Laws of Fla.ch.63-1237 was personal injury protection benefits or the amount
amended, the amendment did not specify a specific section
and appeared to modify the provisions of§ 2 of the 1963 act of lost wages,whichever is less, must be reserved
(compiled above as subsection (b)). Laws of Fla. ch. 67-1234 for paying the injured person's lost wages, and
was repealed by Laws of Fla.ch.79-443.Under the aforemen- that amount reserved for lost wages may not be
tioned circumstances,the 1979 repealer is treated as repeal- used to pay reasonable charges and is not subject
ing the 1967 amendment and reinstating the act as originally
enacted. Section 3 of the 1963 act made the act subject to to the lien created by this section. All reasonable
approval at referendum.It has been assumed that the act was charges must be calculated after all adjustments,
approved at referendum. reductions, and write-offs, in accordance with all
third-party payor contracts and agreements be-
Secs. 234-3-234-30. Reserved. tween the hospital and third-party payors, and in
accordance with any other private, public,county,
ARTICLE II. HOSPITAL SERVICES state, or federal insurance contract, agreement,
benefit, program, or plan.
Sec. 234-31. Liens for hospital services. (d) If no amount is paid or is at any time
(a) Each nonprofit corporation operating a hos- payable under any third-party payor contract or
pital that qualifies as a charitable hospital under agreement between the hospital and third-party
section 501(c)(3) of the Internal Revenue Code payors, or from any other private, public, county,
Supp. No. 24 SA234:3
§234-31 COLLIER COUNTY CODE
state, or federal insurance, contract, agreement, (h) Within 30 days after receipt of the patient's
benefit, program, or plan, the amount of reason- notice of intent to claim damages from the tortfea-
able charges must be determined under the non- sor, the hospital must provide the patient or
governmental third-party payor contract or agree- patient's attorney with a statement asserting its
ment entered into between the hospital and a lien. Failure of the hospital to provide this state-
nongovernmental third-party payor which pro- ment to the patient or patient's attorney within
vides for the lowest charges agreed to as accept- the 30-day period constitutes a waiver of any lien,
able by the hospital, taking into account all re- and no lien exists if the lien has been waived
ductions and write-offs provided for in the pursuant to this section.
nongovernmental third-party payor contract or (i) Payment to the hospital pursuant to this
agreement in effect at the time the charges were section fully satisfies the patient's hospital charges
incurred. and bill.
(e) If the patient and hospital fail to agree on (j) A hospital shall cooperate with the patient
the actual amount of the charges recovered from a and the patient's attorney by producing at no
tortfeasor, the court in which the patient's claim
charge to the patient all reasonably necessary
against the tortfeasor was filed, or, if never filed, information to assist the patient in providing his
the circuit court of the county in which the cause or her claim against the tortfeasor. Reasonably
of action arose,shall determine the actual amount necessary information includes,but is not limited
of the charges recovered from a tortfeasor. In to, hospital bills and medical records.
determining the actual amount of charges recov (Laws of Fla. ch. 2003-360, §§ 1-10; Laws of Fla.
ered, consideration must be given to any offset in ch. 2004-436, § 1)
the amount of settlement or judgment for any
comparative negligence of the patient, negligence Secs. 234-32-234-43. Reserved.
of other tortfeasors, limitations in the amount of
liability insurance coverage available to the tortfea-
sor, or any other mitigating factors determined
equitable and appropriate under the circum-
stances.
(f) The hospital lien recovery from the judg-
ment or settlement as calculated under this sec-
tion must be reduced by any payments to the
hospital by the patient and by any payments to
the hospital by any other individual or entity
making a voluntary donation on behalf of the
patient.
(g) A patient shall send the hospital, by certi-
fied or registered mail, notification of his or her
intent to claim damages from the tortfeasor.If the
claimant has filed suit against the tortfeasor at
the time such notice is sent, a copy of the com-
plaint against the tortfeasor shall be included
with the notice. The notice must include a state-
ment that the hospital waives any lien if it does
not provide the patient or patient's attorney with
a statement asserting the lien and the amount of
all reasonable charges within 30 days following "1
receipt of the patient's notification to the hospital.
Supp.No.24 SA234:4
Chapters 235-237
RESERVED
SA235:1