PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 163, ARTICLE 2 AND ARTICLE 3, HEALTH CARE FOR INDIGENTS, GENERAL ORDINANCES, MARTIN COUNTY CODE
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EXECUTIVE SUMMARY:
executive summary
This is a public hearing to consider the adoption of an ordinance amending Chapter 163 of the General Ordinances relating to health care for indigent residents. The amendment is necessary to comply recent changes made by the Florida legislature in Chapter 2026-190, Laws of Florida (HB 4007).The proposed ordinance revises the process for County Health Care Fund distributions to licensed hospitals for the care of indigent residents, the eligibility criteria for qualifying as an indigent resident, the elimination of the County Health Care Review Board, and the removal of Martin County’s statutory authority to acquire liens for welfare repayment.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Caroline Mockler
Title: Assistant County Attorney
REQUESTED BY: Michelle Miller, Human Services Director
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Chapter 163, Article 2, Sections 163.32 through 163.34, General Ordinances, Maritn County Code, establishes a County Health Care Fund, restricts the fund’s use to specified County health-care purposes, and sets basic fiscal controls by requiring year-end balances to remain in the fund and disbursements to be approved and issued by the Board of County Commissioners (Board). These sections also create a five-member County Health Care Review Board to provide recommendations for which indigent individuals’ eligible medical costs should be paid from the fund.
Chapter 163, Article 3, Sections 163.61 through 163.65, General Ordinances, authorizes Martin County to seek repayment of funds spent on an indigent or welfare recipient’s care, hospitalization, sustenance, or maintenance by placing a lien, so long as doing so does not cause undue hardship or unreasonable monetary loss, on any real or personal property the person owns or later acquires. The lien remains effective until satisfied but expires 20 years after execution of the sworn statement. The Board may discharge the lien by resolution if collection would create undue hardship or unreasonable monetary loss.
On June 10, 2026, House Bill 4007 was signed into law, requiring the Martin County Board of County Commissioners to establish, by ordinance, a process for distributing funds from the County Health Care Fund to licensed hospitals in the County and eligibility criteria for residents considered indigents for purposes of receiving County payments for hospital care. The Bill also removed the existing provisions related to the County Health Care Review Board and to acquire liens on certain real and personal property. Adoption of the proposed amendments to Section 163.32, and the repeal of Sections 163.33, 163.34, and 163.61 through 163.65, of the General Ordinances is necessary for compliance with House Bill 4007. The proposed amendment requires that Hospital Health Care funds be distributed among licensed hospitals on a first-come, first-served basis, subject to availability of appropriated funds and Board approval, and removes the County’s authority to impose liens for repayment of welfare funds.
A business impact estimate under section 125.66(3)(a), Florida Statutes, is not necessary as this ordinance is required for compliance with state law. See §125.66(3)(a), Fla. Stat.
ISSUES:
None.
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the proposed Ordinance.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other: