HB 1055 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to the Lee County Trauma Services
13	District, an independent district; providing for
14	establishment of the Lee County Trauma Services District
15	for the purpose of financially supporting trauma services
16	in Lee County; providing that such trauma services shall
17	be provided through a designated Level II Trauma Center;
18	providing for a governing board; providing for officers of
19	the governing board; providing for audit of books;
20	providing for quarterly meetings; prescribing the powers
21	and duties of the board; stating a public purpose;
22	providing for a budget; providing severability; providing
23	an effective date.
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25	Be It Enacted by the Legislature of the State of Florida:
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27	Section 1. District; creation, jurisdiction, and purpose.-
28	-The Lee County Trauma Services District is hereby created as an
29	independent special district, pursuant to chapter 189, Florida
30	Statutes, encompassing all the territory comprising Lee County,
31	Florida, and shall be established for all the purposes set forth
32	in this act, including, but not limited to, financially
33	supporting the provision of trauma services in Lee County, which
34	trauma services shall be defined as comprehensive emergency
35	medical services for victims of trauma and trauma-related
36	injuries, provided by the State of Florida designated Level II
37	Trauma Center operated by Lee Memorial Health System.
38	Section 2. Governing board; establishment, officers,
39	meeting.--
40	(1) The governing body of the Lee County Trauma Services
41	District shall be composed of the members of the Board of
42	Directors of the Lee Memorial Health System, a political entity,
43	as duly constituted by law and any amendments thereto, and shall
44	be called the Board of Directors of the Lee County Trauma
45	Services District.
46	(2) The Board of Directors of the Lee County Trauma
47	Services District shall have the same officers as those officers
48	of the Board of Directors of the Lee Memorial Health System.
49	(3) The Board of Directors of the Lee County Trauma
50	Services District shall meet no less than quarterly at such
51	date, time, and place as may be fixed by the board. Proper
52	notice of such meetings shall be filed and given, minutes shall
53	be kept in accordance with general law, and all meetings of the
54	board shall be open to the public.
55	(4) The Board of Directors of the Lee County Trauma
56	Services District shall serve without compensation.
57	Section 3. Powers, functions, and duties.--
58	(1) The Board of Directors of the Lee County Trauma
59	Services District shall have the powers, functions, and duties
60	set forth in this act, in addition to such powers, functions,
61	and duties as may be set forth in chapter 189, Florida Statutes,
62	as same may be amended from time to time.
63	(2) The District is hereby authorized to operate and
64	conduct the business of the District and, consistent therewith,
65	shall have the following powers:
66	(a) The board is authorized to pay all expenses of
67	operation of the District and all other necessary expenses
68	incurred, including the fees and expenses of attorneys retained
69	by the board or the management of the District, in the
70	transaction of the business of the District, and in carrying out
71	and accomplishing the purposes of this act.
72	(b) The Lee County Trauma Services District may sue and be
73	sued in the name of Lee County Trauma Services District,
74	provided that in any suit, a change in personnel of the board
75	shall not abate the suit, which shall proceed as if such change
76	had not taken place. In all suits against the Lee County Trauma
77	Services District, service or process shall be had on any
78	officer of the board or its legal representative.
79	(c) To the fullest extent permitted by state law, the
80	board may make, or authorize its management to make, contracts.
81	(d) To provide for the financial support for the District,
82	the board is authorized to accept gifts, bequests, grants,
83	endowments, and conveyances from any source for the use and
84	benefit of the Lee County Trauma Services District.
85	(e) The board may, or may authorize its management to,
86	settle or compromise any claim, suit, or action brought against
87	the Lee County Trauma Services District or any of its
88	subsidiaries or affiliated organizations, or any of its
89	directors, officers, or employees when such claim, suit, or
90	action arises out of such directors’, officers’, or employees’
91	acts or omissions in the course of employment or the performance
92	of official duties, consistent with the provisions of the
93	Florida Waiver of Sovereign Immunity Act, as such act may be in
94	effect at the time of such settlement or compromise.
95	(f) The board may take action consistent with the
96	efficient and effective operation of the Lee County Trauma
97	Services District or the trauma center provided for by this act,
98	consistent with the Constitution and laws of the State of
99	Florida.
100	Section 4. Public purpose.--The operation and maintenance
101	of the Lee County Trauma Services District and the operation of
102	health facilities provided for in this act are declared to be a
103	public purpose.
104	Section 5. Financial planning, budgets, notice, audits,
105	report.--
106	(1) The fiscal year of the Lee County Trauma Services
107	District shall be the same as that of the Lee Memorial Health
108	System. The board shall prepare a tentative budget for the
109	District covering its planned and proposed operation and
110	requirements for the ensuing fiscal year. The budget shall set
111	forth the proposed expenditures of the District for operation
112	and maintenance of the Level II Trauma Center and payment for
113	trauma-related physician services and for the conduct of the
114	affairs of the District generally. The budget shall be in such
115	form as the board may decide.
116	(2) The budget shall also include the estimated amount
117	obligated for commitments which have been made but not
118	completed, shall indicate the estimated balance of unobligated
119	funds which shall be on hand at the beginning of the fiscal
120	year, and shall indicate the estimated amount to be raised.
121	(3) The provision of notice to the public and the
122	opportunity for public comment regarding the district budget
123	shall be as provided by general law.
124	(4) The books and accounts of the Lee County Trauma
125	Services District shall be audited annually by an independent
126	certified public accountant selected by the board of the
127	District. The report of such audit shall be open for inspection
128	by the public.
129	(5) The District shall prepare and submit reports,
130	budgets, and audits in accordance with chapter 189, Florida
131	Statutes.
132	Section 6. Amendments.--The district charter created by
133	this act shall be amended only by special act of the
134	Legislature.
135	Section 7. It is declared to be the legislative intent
136	that if any section, subsection, sentence, clause, provision, or
137	part thereof of this act is held invalid, unenforceable, or
138	unconstitutional, it shall not affect the remainder of the act,
139	and the remainder of the act shall remain in force and effect as
140	if the invalid portion had not been enacted.
141	Section. 8. This act shall take effect upon becoming a
142	law.