945.602 State of Florida Correctional Medical
Authority; creation; members. ---
(1) There is created in the Department of Corrections the State
of Florida Correctional Medical Authority. The governing board of the
authority shall be composed of nine persons appointed by the Governor subject
to confirmation by the Senate. One member must be a member of the Florida
Hospital Association; one member must be a member of the Florida League of
Hospitals; one member must be a member of the Association of Voluntary
Hospitals; and one member must be a member of the Florida Medical Association.
The Department of Corrections shall provide administrative support and service
to the authority. The authority shall not be subject to control, supervision,
or direction by the department. The authority shall annually elect one member
to serve as chairman. Members shall be appointed for terms of 4 years each.
Each member is authorized to continue to serve upon the expiration of his term
until his successor is duly appointed as provided in this section. Before
entering upon his duties, each member of the authority shall take and
subscribe to the oath or affirmation required by the State
Constitution.
(2) A member of the authority may not be a current employee of
the department. Not more than one member of the authority may be a former
employee of the department and such member, if appointed, may not be appointed
to a term of office which begins within 5 years after the date of his last
employment by the department.
(3) At least two members of the authority must be physicians
licensed under chapter 458, and at least two other members of the authority
must have had at least 5 years' experience in health care
administration.
(4) At least one member of the authority must have at least 5
years' experience in the identification and treatment of mental
disorders.
(5) At least one member of the authority must be a dentist
licensed under chapter 466 and have at least 5 years' experience in the
practice of dentistry.
(6) At least one member of the authority must be a nurse licensed
under chapter 464 and have at least 5 years' experience in the practice of
nursing.
(7)
(a) Five members of the authority shall constitute a quorum, and the
affirmative vote of a majority of the members present at a meeting of the
authority shall be necessary for any action taken by the authority. No
vacancy in the membership of the authority shall impair the right of a quorum
to exercise all the rights and perform all the duties of the authority. Any
action taken by the authority under this act may be authorized by resolution
at any regular or special meeting, and each such resolution shall take effect
immediately and need not be published or posted. All meetings of the
authority shall be open to the public in accordance with s. 286.011.
(b) Neither the provisions of this section nor those of chapter 119,
or of s. 154.207(7), shall apply to any health care provider under contract
with the department except to the extent such provisions would apply to any
similar entity not under contract with the department.
(c) Notwithstanding any general or special law, rule, regulation, or
ordinance of any local agency to the contrary, service as a member of an
authority by a trustee, director, officer, or employee of a health facility
shall not in and of itself constitute a conflict of interest. However, any
member of the authority who is employed by, or has received income from, a
health facility under consideration by the authority or the department shall
not vote on any matter related to such facility.
(8) Members of the authority shall receive no compensation for
the performance of their duties under this act, but each member shall be paid
expenses incurred while engaged in the performance of such duties pursuant to
s. 112.061.
History: s. 18, ch. 86-183; s. 1, ch. 87-50; s. 8, ch. 89-531; s. 1, ch. 90-83;
s. 5, ch. 91-429; s. 1, ch. 92-47.