HB 1055 2003
1	A bill to be entitled
2	An act relating to the Lee County Trauma Services
3	District, an independent district; providing for
4	establishment of the Lee County Trauma Services District
5	for the purpose of financially supporting trauma services
6	in Lee County; providing that such trauma services shall
7	be provided through a designated Level II Trauma Center;
8	providing for a governing board; providing for officers of
9	the governing board; providing for audit of books;
10	providing for quarterly meetings; prescribing the powers
11	and duties of the board; stating a public purpose;
12	providing for a budget; providing severability; providing
13	an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. The Lee County Trauma Services District, an
18	independent special district encompassing all the territory
19	comprising Lee County, Florida, shall be established for the
20	purposes of financially supporting the provision of trauma
21	services in Lee County, which trauma services shall be defined
22	as comprehensive emergency medical services for victims of
23	trauma and trauma-related injuries, provided by the State of
24	Florida designated Level II Trauma Center operated by Lee
25	Memorial Health System.
26	Section 2. The governing body of the Lee County Trauma
27	Services District shall be composed of the members of the Board
28	of Directors of the Lee Memorial Health System, a political
29	entity, as duly constituted by law and any amendments thereto,
30	and shall be called the Board of Directors of the Lee County
31	Trauma Services District.
32	Section 3. The Board of Directors of the Lee County Trauma
33	Services District shall have the same officers as those officers
34	of the Board of Directors of the Lee Memorial Health System.
35	Section 4. The books and accounts of the Lee County Trauma
36	Services District shall be audited annually by an independent
37	certified public accountant selected by the board of the
38	District. The report of said audit shall be open for inspection
39	by the public.
40	Section 5. The Board of Directors of the Lee County Trauma
41	Services District shall meet no less than quarterly at such
42	date, time, and place as may be fixed by the board. Proper
43	notice of such meetings shall be filed and given, minutes shall
44	be kept in accordance with general law, and all meetings of the
45	board shall be open to the public.
46	Section 6. The Board of Directors of the Lee County Trauma
47	Services District shall have the authority to operate and
48	conduct the business of the District and, consistent therewith,
49	shall have the following powers:
50	(1) The board is authorized to pay all expenses of
51	operation of the District and all other necessary expenses
52	incurred, including the fees and expenses of attorneys retained
53	by the board or the management of the District, in the
54	transaction of the business of the District, and in carrying out
55	and accomplishing the purposes of this act.
56	(2) The Lee County Trauma Services District may sue and be
57	sued in the name of Lee County Trauma Services District,
58	provided that in any suit, a change in personnel of the board
59	shall not abate the suit, which shall proceed as if such change
60	had not taken place. In all suits against the Lee County Trauma
61	Services District, service or process shall be had on any
62	officer of the board or its legal representative.
63	(3) To the fullest extent permitted by state law, the
64	board may make, or authorize its management to make, contracts.
65	(4) The board is authorized to accept gifts, bequests,
66	grants, endowments, and conveyances from any source for the use
67	and benefit of the Lee County Trauma Services District.
68	(5) The board may, or may authorize its management to,
69	settle or compromise any claim, suit, or action brought against
70	the Lee County Trauma Services District or any of its
71	subsidiaries or affiliated organizations, or any of its
72	directors, officers, or employees when such claim, suit, or
73	action arises out of such directors’, officers’, or employees’
74	acts or omissions in the course of employment or the performance
75	of official duties, consistent with the provisions of the
76	Florida Waiver of Sovereign Immunity Act, as such act may be in
77	effect at the time of such settlement or compromise.
78	(6) The board may take action consistent with the
79	efficient and effective operation of the Lee County Trauma
80	Services District or the trauma center provided for by this act,
81	consistent with the Constitution and laws of the State of
82	Florida.
83	Section 7. The operation and maintenance of the Lee County
84	Trauma Services District and the operation of health facilities
85	provided for in this act are declared to be a public purpose.
86	Section 8. (1) The fiscal year of the Lee County Trauma
87	Services District shall be the same as that of the Lee Memorial
88	Health System. The board shall prepare a tentative budget for
89	the District covering its proposed operation and requirements
90	for the ensuing fiscal year. The budget shall set forth the
91	proposed expenditures of the District for operation and
92	maintenance of the Level II Trauma Center and payment for
93	trauma-related physician services and for the conduct of the
94	affairs of the District generally. The budget shall be in such
95	form as the board may decide.
96	(2) The budget shall also include the estimated amount
97	obligated for commitments which have been made but not
98	completed, shall indicate the estimated balance of unobligated
99	funds which shall be on hand at the beginning of the fiscal
100	year, and shall indicate the estimated amount to be raised.
101	(3) The provision of notice to the public and the
102	opportunity for public comment regarding the district budget
103	shall be as provided by general law.
104	Section 9. It is declared to be the legislative intent
105	that if any section, subsection, sentence, clause, provision, or
106	part thereof of this act is held invalid, unenforceable, or
107	unconstitutional, it shall not affect the remainder of the act,
108	and the remainder of the act shall remain in force and effect as
109	if the invalid portion had not been enacted.
110	Section 10. This act shall take effect upon becoming a
111	law.