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Hospital Governance Legal Considerations

  1. Miami-Dade County Charter: Article 1, Section 1.01 - Powers
  2. Miami-Dade County Code, Chapter 25A - Public Health Trust
  3. Miami-Dade County Resolution No. R-30-11. Resolution Establishing the Miami-Dade County Hospital Governance Taskforce
  4. Memorandum, "Legal Issues Attendant to Current Financial Exigencies at PHT"
  5. State of Florida, 2010 Florida Statutes, Title XI, Chapter 155 - Hospitals
  6. State of Florida House of Representatives, CS/CS/CS/HB 619: Sale/Lease/County, District, or Municipal Hospital
  7. State of Florida Senate, CS/CS/SB 1448: Sale or Lease of a Public Hospital
  8. Broward County Code, Chapter 16 - Hospitals
  9. Hillsborough County Code, Chapter 14, Article IV - Hillsborough County Hospital Authority
  10. Memorandum, "Steward's Proposal for acquisition of the Jackson Health System" 
  11. State of Florida, Office of the Governor, Executive Order Number 11-63
  12. Final Report of the Miami-Dade County Grand Jury
  13. List of Trust Decisions Subject to the Commission's Approval (Prior or Subsequent) or the Commission's Override
  14. Sovereign Immunity 
  15. Sunshine Laws, Public Records, Sovereign Immunity and Public Benefit Corporation

  1. Miami-Dade County Charter: Article 1, Section 1.01 - Powers [of the Board of County Commissioners], in subsection A, provides in part that "The Board's powers shall include but shall not be restricted to the powers to…6. Provide hospitals and uniform health and welfare programs."
     
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  3. Miami-Dade County Code
     
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  5. Miami-Dade County Resolution No. R-30-11 PDF. Resolution Establishing the Miami-Dade County Hospital Governance Taskforce to Study and Report on Alternative Models for Operating the Public Health Trust to Ensure It Has the Governing and Financial Structure Necessary to Fulfill Its Crucial Mission.
     
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  7. Memorandum PDF, "Legal Issues Attendant to Current Financial Exigencies at PHT," Miami-Dade County Attorney memorandum, February 25, 2010.
     
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  9. State of Florida, 2010 Florida Statutes, Title XI.
     
    • Chapter 155 – Hospitals
      • Sec. 155.40 – Sale or lease of county, district, or municipal hospital, effect of sale.
         
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  11. State of Florida House of Representatives, CS/CS/CS/HB 619: Sale/Lease/County, District, or Municipal Hospital 
    • GENERAL BILL by Health and Human Services Committee; Community and Military Affairs Subcommittee; Health and Human Services Quality Subcommittee; Hooper; (CO-INTRODUCERS) Clarke-Reed; Costello; Gaetz; Patronis 

      Sale/Lease/County, District, or Municipal Hospital; Provides duties of circuit court for sale or lease of county, district, or municipal hospital unless certain exemption or referendum approval applies; provides duties of hospital governing board in evaluating potential purchasers or lessees; requires board to receive approval from circuit court before entering into contract for sale or lease of hospital; allows opponents of sale or lease to submit explanation to hospital governing board; requires publication of notice regarding sale or lease of hospital, etc. 
       

      Status:  05/07/2011, indefinitely postponed and withdrawn from consideration in the Senate; died in Messages.
       
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  13. State of Florida Senate, CS/CS/SB 1448: Sale or Lease of a Public Hospital. (Bill filed in 2011 State of Florida legislative session) 
    • GENERAL BILL by Garci
       
      Sale/Lease/County, District, or Municipal Hospital; Provides that the sale or lease of a county, district, or municipal hospital is subject to approval by the registered voters or by the circuit court. Requires the hospital governing board to determine by certain public advertisements whether there are qualified purchasers of lessees before the sale or lease of such hospital. Requires the board to file a petition for approval with the circuit court and receive approval before any transaction is finalized, etc.
       

      Status: 05/07/2011, indefinitely postponed and withdrawn from consideration in the Senate; died in Budget.
       
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  15. Broward County Code.
     
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  17. Hillsborough County Code, Chapter 14.
     
    • Article IV – Hillsborough County Hospital Authority
      • Sec. 14-77. - Created.
      • Sec. 14-78. - Purpose.
      • Sec. 14-79. - Construction of article.
      • Sec. 14-80. - Severability; construction of gender and number.
      • Sec. 14-81. - Governing body; composition.
      • Sec. 14-82. - Transfer of property from the hospital and welfare board to the authority.
      • Sec. 14-83. - Instruments of conveyance.
      • Sec. 14-84. - Powers of authority, generally.
      • Sec. 14-85. - Power relative to administration.
      • Sec. 14-86. - Fiscal powers—Acquisition of property, pledge as security.
      • Sec. 14-87. - Same—Lease, sale or relinquishment of property.
      • Sec. 14-88. - Same—Writing off of bad debts.
      • Sec. 14-89. - Same—Collection, settling of accounts.
      • Sec. 14-90. - Same—Entitlement to lien.
      • Sec. 14-91. - Same—Issuance of bonds and notes.
      • Sec. 14-92. - Duties relative to budget.
      • Sec. 14-93. - Vesting of authority for construction, etc.
      • Sec. 14-94. - Purpose and responsibilities of hospitals, etc., established under this
        article.
      • Sec. 14-95. - Transfer of employees of former hospital council; personnel program
        and employee advisory committee.
      • Secs. 14-96—14-100. - Reserved.
         
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  19. Memorandum adobe logo, "Steward's Proposal for acquisition of the Jackson Health System," Miami-Dade County Attorney memorandum, March 9, 2011.
     
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  21. Executive Order 11-63 adobe logo, State of Florida, Office of the Governor, Executive Order Number 11-63 (Creation of Commission on Review of Taxpayer Funded Hospital Districts)
     
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  23. Grand Jury Report adobe logo, Final Report of the Miami-Dade County Grand Jury, Fall Term A.D. 2009, re Jackson Health System
     
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  25. List of Trust Decisions adobe logo Subject to the Commission's Approval (Prior or Subsequent) or the Commission's Override
     
  26. Sovereign Immunity
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  28. Sunshine Laws, Public Records, Sovereign Immunity and Public Benefit Corporation adobe logo

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