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