Senate Bill sb2960

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    Florida Senate - 2003        (NP)                      SB 2960

    By Senator Saunders





    37-935-03                                          See HB 1055

  1                      A bill to be entitled

  2         An act relating to the Lee County Trauma

  3         Services District, an independent district;

  4         providing for establishment of the Lee County

  5         Trauma Services District for the purpose of

  6         financially supporting trauma services in Lee

  7         County; providing that such trauma services

  8         shall be provided through a designated Level II

  9         Trauma Center; providing for a governing board;

10         providing for officers of the governing board;

11         providing for audit of books; providing for

12         quarterly meetings; prescribing the powers and

13         duties of the board; stating a public purpose;

14         providing for a budget; providing severability;

15         providing an effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  The Lee County Trauma Services District, an

20  independent special district encompassing all the territory

21  comprising Lee County, Florida, shall be established for the

22  purposes of financially supporting the provision of trauma

23  services in Lee County, which trauma services shall be defined

24  as comprehensive emergency medical services for victims of

25  trauma and trauma-related injuries, provided by the State of

26  Florida designated Level II Trauma Center operated by Lee

27  Memorial Health System.

28         Section 2.  The governing body of the Lee County Trauma

29  Services District shall be composed of the members of the

30  Board of Directors of the Lee Memorial Health System, a

31  political entity, as duly constituted by law and any

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    Florida Senate - 2003        (NP)                      SB 2960
    37-935-03                                          See HB 1055




 1  amendments thereto, and shall be called the Board of Directors

 2  of the Lee County Trauma Services District.

 3         Section 3.  The Board of Directors of the Lee County

 4  Trauma Services District shall have the same officers as those

 5  officers of the Board of Directors of the Lee Memorial Health

 6  System.

 7         Section 4.  The books and accounts of the Lee County

 8  Trauma Services District shall be audited annually by an

 9  independent certified public accountant selected by the board

10  of the District. The report of said audit shall be open for

11  inspection by the public.

12         Section 5.  The Board of Directors of the Lee County

13  Trauma Services District shall meet no less than quarterly at

14  such date, time, and place as may be fixed by the board.

15  Proper notice of such meetings shall be filed and given,

16  minutes shall be kept in accordance with general law, and all

17  meetings of the board shall be open to the public.

18         Section 6.  The Board of Directors of the Lee County

19  Trauma Services District shall have the authority to operate

20  and conduct the business of the District and, consistent

21  therewith, shall have the following powers:

22         (1)  The board is authorized to pay all expenses of

23  operation of the District and all other necessary expenses

24  incurred, including the fees and expenses of attorneys

25  retained by the board or the management of the District, in

26  the transaction of the business of the District, and in

27  carrying out and accomplishing the purposes of this act.

28         (2)  The Lee County Trauma Services District may sue

29  and be sued in the name of Lee County Trauma Services

30  District, provided that in any suit, a change in personnel of

31  the board shall not abate the suit, which shall proceed as if

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    Florida Senate - 2003        (NP)                      SB 2960
    37-935-03                                          See HB 1055




 1  such change had not taken place. In all suits against the Lee

 2  County Trauma Services District, service or process shall be

 3  had on any officer of the board or its legal representative.

 4         (3)  To the fullest extent permitted by state law, the

 5  board may make, or authorize its management to make,

 6  contracts.

 7         (4)  The board is authorized to accept gifts, bequests,

 8  grants, endowments, and conveyances from any source for the

 9  use and benefit of the Lee County Trauma Services District.

10         (5)  The board may, or may authorize its management to,

11  settle or compromise any claim, suit, or action brought

12  against the Lee County Trauma Services District or any of its

13  subsidiaries or affiliated organizations, or any of its

14  directors, officers, or employees when such claim, suit, or

15  action arises out of such directors', officers', or employees'

16  acts or omissions in the course of employment or the

17  performance of official duties, consistent with the provisions

18  of the Florida Waiver of Sovereign Immunity Act, as such act

19  may be in effect at the time of such settlement or compromise.

20         (6)  The board may take action consistent with the

21  efficient and effective operation of the Lee County Trauma

22  Services District or the trauma center provided for by this

23  act, consistent with the Constitution and laws of the State of

24  Florida.

25         Section 7.  The operation and maintenance of the Lee

26  County Trauma Services District and the operation of health

27  facilities provided for in this act are declared to be a

28  public purpose.

29         Section 8.  (1)  The fiscal year of the Lee County

30  Trauma Services District shall be the same as that of the Lee

31  Memorial Health System. The board shall prepare a tentative

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    Florida Senate - 2003        (NP)                      SB 2960
    37-935-03                                          See HB 1055




 1  budget for the District covering its proposed operation and

 2  requirements for the ensuing fiscal year. The budget shall set

 3  forth the proposed expenditures of the District for operation

 4  and maintenance of the Level II Trauma Center and payment for

 5  trauma-related physician services and for the conduct of the

 6  affairs of the District generally. The budget shall be in such

 7  form as the board may decide.

 8         (2)  The budget shall also include the estimated amount

 9  obligated for commitments which have been made but not

10  completed, shall indicate the estimated balance of unobligated

11  funds which shall be on hand at the beginning of the fiscal

12  year, and shall indicate the estimated amount to be raised.

13         (3)  The provision of notice to the public and the

14  opportunity for public comment regarding the district budget

15  shall be as provided by general law.

16         Section 9.  It is declared to be the legislative intent

17  that if any section, subsection, sentence, clause, provision,

18  or part thereof of this act is held invalid, unenforceable, or

19  unconstitutional, it shall not affect the remainder of the

20  act, and the remainder of the act shall remain in force and

21  effect as if the invalid portion had not been enacted.

22         Section 10.  This act shall take effect upon becoming a

23  law.

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