Miami-Dade Legislative Item
File Number: 112244
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File Number: 112244 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Board of County Commissioners
File Name: AMEND CHAPTER 25A DELETE THE FINANCIAL RECOVERY BOARD Introduced: 10/24/2011
Requester: NONE Cost: Final Action: 11/3/2011
Agenda Date: Agenda Item Number: 7
Notes: SEE AMENDED LEG# 120084 Title: ORDINANCE AMENDING CHAPTER 25A OF CODE OF MIAMI-DADE COUNTY REGARDING THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA TO DELETE THE FINANCIAL RECOVERY BOARD TRUST/MEDICAL SCHOOLS ANNUAL OPERATING AGREEMENT COMMITTEE, TO CREATE THE FINANCIAL RECOVERY BOARD’S UM ANNUAL OPERATING AGREEMENT COMMITTEE AND FIU ANNUAL OPERATING AGREEMENT COMMITTEE; DESCRIBING COMPOSITION OF SUCH COMMITTEES, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: CHAPTER 25
  FINANCIAL RECOVERY BOARD
  PUBLIC HEALTH TRUST
Sponsors: Barbara J. Jordan, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Public Safety & Healthcare Admin Cmte 12/13/2011 1E2 Amended
REPORT: See Agenda Item No. 1E2 AMENDED, Legislative File No. 120084 for amended version.

Board of County Commissioners 11/3/2011 Tentatively scheduled for a public hearing Public Safety & Healthcare Admin Cmte 12/13/2011

Board of County Commissioners 11/3/2011 4C Adopted on first reading 12/13/2011 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Public Safety and Healthcare Administration Committee on December 13, 2011.

County Attorney 10/24/2011 Referred Public Safety & Healthcare Admin Cmte 12/13/2011

County Attorney 10/24/2011 Assigned Eugene Shy

Legislative Text


TITLE
ORDINANCE AMENDING CHAPTER 25A OF CODE OF MIAMI-DADE COUNTY REGARDING THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA TO DELETE THE FINANCIAL RECOVERY BOARD TRUST/MEDICAL SCHOOLS ANNUAL OPERATING AGREEMENT COMMITTEE, TO CREATE THE FINANCIAL RECOVERY BOARD’S UM ANNUAL OPERATING AGREEMENT COMMITTEE AND FIU ANNUAL OPERATING AGREEMENT COMMITTEE; DESCRIBING COMPOSITION OF SUCH COMMITTEES, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the Public Health Trust of Miami-Dade County is an agency and instrumentality of Miami-Dade County created and established by the authority of Chapter 154, Part II of Florida Statutes as a revocable statutory trust; and
WHEREAS, the Public Health Trust of Miami-Dade County has Basic Affiliation Agreements with both the University of Miami and Florida International University; and
WHEREAS, this Board of County Commissioners believes it is in the best interest of the community to foster close ties with both universities; and
WHEREAS, the Public Health Trust is currently governed by the Financial Recovery Board of the Public Health Trust pursuant to Section 25A-9 of the Code of Miami-Dade County and Resolution No. 392-11; and
WHEREAS, pursuant to 25A-9(5)(i)(G) of the Code of Miami-Dade County, the Financial Recovery Board is to have a Trust/Medical Schools Annual Operating Agreement Committee with the Chairperson of the Financial Recovery Board and the Chief Executive Officer; and
WHEREAS, the Chairman of the Financial Recovery Board and the Chief Executive Officer of the Public Health Trust desire that there be two separate committees – one to oversee the annual operating agreement with the University of Miami and the other to oversee the annual operating agreement with Florida International University –and that the membership of each committee consist of Financial Recovery Board members,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. That the above recitals of legislative intent and findings are fully incorporated herein as part of this ordinance.
Section 2. Chapter 25A of the Code of Miami-Dade County is hereby amended as follows1:
* * *


Sec. 25A-9. Financial Sustainability.

It is the intent of the Commission to promote, protect, maintain, and improve the health and safety of all residents and visitors of Miami-Dade County through a fully functioning and sustainable public health trust.

* * *

(c) Assistive measures. Upon notification by the Trust or another party that one or more of the conditions in Subsection (a) have occurred or likely will occur, the Commission shall determine whether the Trust needs assistance to resolve or prevent the condition. If assistance is needed, the Commission may implement assistive measures which may include any one, or any combination of, the following:
* * *
(5) Financial Recovery Board. The Commission may establish a Financial Recovery Board ("Recovery Board"). The County Commission's determination to establish a Recovery Board shall be by adoption of a resolution setting forth the time period such Board shall be in existence and the types of Board action which may be vetoed by the Commission and the timetables and procedures for exercise of such veto authority. Actions of the Recovery Board subject to Commission veto shall be filed by the Recovery Board with the Clerk of the County Commission, who shall place same on the next regularly scheduled County Commission agenda for County Commission consideration without the requirement for committee review. Such actions of the Recovery Board shall become effective upon the adjournment of the next regularly scheduled County Commission meeting unless vetoed by a majority vote of the County Commission at such meeting. A County Commission veto of any action taken by the Recovery Board shall be final and determinative.

* * *

(i) Powers and duties. The Recovery Board shall hold regular meetings and record such meetings in accordance with the requirement for the Board of Trustees as described in Section 25A-3(f) (Organization, powers and duties of the Board of Trustees), herein. Except as specifically provided in Section 25A-9(c) (Assistive measures), herein, during its tenure, the Recovery Board shall have all of the powers, duties and responsibilities customarily vested in the Board of Trustees of the Trust and as provided for in Chapter 25A of the Code, except that those powers and duties shall be limited by the Commission's veto authority as provided herein.
The Recovery Board shall exercise supervisory control over the operation, maintenance, and governance of all designated facilities and of all functions and activities taking place in connection with the operation of designated facilities and shall be authorized to exercise such powers as provided for in Section 25A-4 (Powers and duties of the Trust), herein, except as modified hereinafter:

* * *
(G) >> UM Annual Operating Agreement Committee and FIU Annual Operating Agreement Committee. During the tenure of the Recovery Board, there shall be a UM Annual Operating Agreement Committee (“UM Committee”) and a FIU Annual Operating Agreement Committee (“FIU Committee”). The Trust Chief Executive Officer shall negotiate the annual operating agreement with the University of Miami and shall submit his/her recommendations to the UM Committee. The Trust Chief Executive Officer shall also negotiate the annual operating agreement with Florida International University and shall submit his/her recommendations to the FIU Committee. The UM Committee and the FIU Committee shall make recommendation regarding the respective annual operating agreements to the Recovery Board. The UM Committee and the FIU Committee shall each consist of three (3) Recovery Board members as appointed by the Recovery Board Chairperson.<< [[Trust/Medical Schools Annual Operating Agreement Committee. During the tenure of the Recovery Board, the membership of the Trust/Medical Schools Committee as described in Section 25A-3(f) (Organization, powers and duties of the Board of Trustees), herein, shall consist solely of the Trust Chief Executive Officer and the Chairperson of the Recovery Board, or his or her designee. The Trust/Medical Schools Committee shall have responsibility to negotiate the Annual Operating Agreements with the University of Miami and Florida International University and shall submit their recommendations regarding the Annual Operating Agreements to the Recovery Board for its review and approval]].

* * *

Section 3. If any section, subsection, sentence, clause or provision of this ordinance

is held invalid, the remainder of this ordinance shall not be affected by such invalidity.


Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word “ordinance” may be changed to “section,” “article,” or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment, except as otherwise stated herein, unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.


1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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