reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 153 - Water and Sewer Systems › Part III - Wastewater Facility Privatization Contracts (Ss. 153.90-153.94) › 153.90 - Legislative findings and declarations.

153.90 Legislative findings and declarations.—
(1) The Legislature hereby finds and declares as follows:
(a) That providing modern, efficient wastewater facilities is vital to the health and general welfare of the citizens of the state;
(b) That the construction, rehabilitation, operation, and maintenance of wastewater facilities are essential to economic growth and development in the state;
(c) That protection of taxpayers requires that wastewater services be provided on an economical basis consistent with service and safety standards;
(d) That alternative methods of financing the construction, operation, and improvement of wastewater facilities must be developed and encouraged;
(e) That although public entities currently have broad home rule powers and other statutory authority to enter into certain types of privatization agreements, the ability of public entities to provide efficient wastewater facilities will be enhanced by specifically authorizing public entities to enter into long-term privatization contracts for the performance of wastewater facility functions by private firms;
(f) That wastewater facility privatization contracts will allow private firms to utilize their expertise, experience, and resources to enable public entities to provide modern, efficient wastewater services while protecting the rights and interests of citizens; and
(g) That Executive Order No. 12803 provides relief to public entities from repayment of federal grant awards where the public entity enters into a wastewater facility privatization contract consistent with the requirements of this act and existing law, and public entities should be encouraged to take advantage of that relief.
(2) The Legislature therefore determines that it is in the public interest of the state to supplement and enhance the authority of public entities to solicit, negotiate, and enter into contracts with private entities for the financing, designing, acquisition, ownership, leasing, construction, improvement, operation, maintenance, and administration, or any combination thereof, of wastewater facilities.
(3) It is the intent of the Legislature that the provisions of this act be liberally construed in order to accomplish their purposes and that the provisions of this act shall be in addition and supplemental to powers conferred by any other law.
History.—s. 1, ch. 96-202.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 153 - Water and Sewer Systems › Part III - Wastewater Facility Privatization Contracts (Ss. 153.90-153.94) › 153.91 - Definitions.

153.91 Definitions.—As used in this act, the term:
(1) “Wastewater facility privatization contract” means a written agreement, or one or more related written agreements, between a private firm and one or more public entities, which provides for the operation, maintenance, repair, management and administration, or any combination thereof, of a wastewater facility for a term of more than 5 years, but not more than 40 years in duration, and which may also provide for the planning, design, construction, improvement, acquisition, financing, ownership, sale and leasing, or any combination thereof, of the wastewater facility.
(2) “Interlocal agreement” means an agreement entered into pursuant to s. 163.01 by two or more public entities in respect to a wastewater facility privatization contract.
(3) “Public entity” means any political subdivision of this state which is authorized to provide wastewater service, including, but not limited to, county, city, metropolitan or consolidated government, special district, and community development district.
(4) “Private firm” means any privately or publicly held business entity qualified to do business in Florida having the financial capacity and technical, administrative, and regulatory experience and expertise necessary to enable it to carry out the obligations specified in a wastewater facility privatization contract.
(5) “Wastewater facility” means any equipment, building, or other property used or useful in connection with the provision of a wastewater service to the public, including such interests in land as are necessary or convenient to permit a private firm to perform a contract in respect thereto.
History.—s. 2, ch. 96-202.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 153 - Water and Sewer Systems › Part III - Wastewater Facility Privatization Contracts (Ss. 153.90-153.94) › 153.92 - Clarifying the authority to enter wastewater facility privatization contracts.

153.92 Clarifying the authority to enter wastewater facility privatization contracts.—Any public entity may enter into a wastewater facility privatization contract, and may join with one or more other public entities in such a contract pursuant to an interlocal agreement. A public entity entering into a wastewater facility privatization contract may make such conveyances of its property, and may make such other agreements and perform such other acts consistent with law, as are determined by the public entity to be necessary or convenient to effectuate the wastewater facility privatization contract. It is the intent of the Legislature that the language used in this section is intended to clarify the existing authority rather than provide any additional authority for public entities to enter into wastewater facility privatization contracts.
History.—s. 3, ch. 96-202.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 153 - Water and Sewer Systems › Part III - Wastewater Facility Privatization Contracts (Ss. 153.90-153.94) › 153.93 - Responsibility for setting user fees.

153.93 Responsibility for setting user fees.—Responsibility for the setting of user fees charged to members of the public purchasing or using a wastewater service of a wastewater facility subject to a wastewater facility privatization contract; collection of such fees; and enforcement of fee obligations, regulations, and other requirements and obligations applicable to members of the public who purchase or use the wastewater service shall remain obligations of the public entity.
History.—s. 4, ch. 96-202.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 153 - Water and Sewer Systems › Part III - Wastewater Facility Privatization Contracts (Ss. 153.90-153.94) › 153.94 - Applicability of other laws.

153.94 Applicability of other laws.—Except as expressly provided in this act:
(1) With respect to any wastewater facility privatization contract entered into under this act, a public entity is subject to s. 125.3401, s. 180.301, s. 189.054, or s. 190.0125 but is not subject to the requirements of chapter 287.
(2) A wastewater facility subject to a wastewater facility privatization contract made under this act shall continue to be regulated for all local, state, and federal purposes as if owned, operated, and maintained by the public entity.
History.—s. 5, ch. 96-202; s. 63, ch. 2014-22.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 153 - Water and Sewer Systems › Part IV - Local Government Utilities Assistance (Ss. 153.951-153.955) › 153.951 - Short title.

153.951 Short title.—This act may be cited as the “Local Government Utilities Assistance Act.”
History.—s. 1, ch. 2001-229.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 153 - Water and Sewer Systems › Part IV - Local Government Utilities Assistance (Ss. 153.951-153.955) › 153.953 - Definitions.

153.953 Definitions.—As used in this act:
(1) “Community standards” means, with respect to water and sewer utility rates, rates that are on a par with other rates in the county, or similar utility jurisdictions in surrounding counties, after accounting for relative household incomes or other measures of affordability and size of customer base, all as may be further defined by department rule.
(2) “Department” means the Department of Environmental Protection.
(3) “Privately owned water-wastewater utility” means a water or wastewater utility whose utility assets are privately owned.
History.—s. 3, ch. 2001-229.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 153 - Water and Sewer Systems › Part IV - Local Government Utilities Assistance (Ss. 153.951-153.955) › 153.954 - Local Government Utilities Assistance Program; state assistance.

153.954 Local Government Utilities Assistance Program; state assistance.—The Local Government Utilities Assistance Program is established in the department. The department may award financial assistance to a local government in the form of a grant for the purpose of acquiring privately owned water-wastewater utilities. A local government may qualify for financial assistance if the local government documents to the department that the privately owned water-wastewater utility the local government intends to acquire meets the following criteria:
(1) The quality of water or wastewater service provided by the privately owned water-wastewater utility is consistently inadequate to meet public health or water quality standards.
(2)(a) The privately owned water-wastewater utility cannot make the improvements necessary to alleviate the public health or water quality threats through its own resources without increasing its rates for services to an amount beyond that which is commensurate with community standards;
(b) Operation of the privately owned water-wastewater utility represents a public health or water quality threat that would be more effectively addressed through public management or ownership, as demonstrated through a feasibility determination provided by the applicant for financial assistance to the department, that takes into account economic, managerial, and administrative considerations; or
(c) The private utility desires to sell.
History.—s. 4, ch. 2001-229.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 153 - Water and Sewer Systems › Part IV - Local Government Utilities Assistance (Ss. 153.951-153.955) › 153.955 - Acquisition of privately owned water-wastewater utility.

153.955 Acquisition of privately owned water-wastewater utility.—If the applicant for financial assistance demonstrates, based on documentation acceptable to the department, that acquisition of a privately owned water-wastewater utility qualifies under s. 153.954, the department may authorize financial assistance for such acquisition.
History.—s. 5, ch. 2001-229.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part I - County Health Departments (Ss. 154.001-154.067) › 154.001 - System of coordinated county health department services; legislative intent.

154.001 System of coordinated county health department services; legislative intent.—It is the intent of the Legislature to promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services. The Legislature recognizes the unique partnership which necessarily exists between the state and its counties in meeting the public health needs of the state. To strengthen this partnership, the Legislature intends that the public health needs of the several counties be provided through contractual arrangements between the state and each county. The Legislature also recognizes the importance of meeting the educational needs of Florida’s public health professionals.
History.—s. 3, ch. 83-177; s. 16, ch. 97-101.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part I - County Health Departments (Ss. 154.001-154.067) › 154.012 - Sexual assault response teams; membership; duties.

154.012 Sexual assault response teams; membership; duties.—
(1) The health department in every county in this state, or its designee, shall participate in the sexual assault response team coordinated by the certified rape crisis center serving the county or region, if such sexual assault response team exists. If a sexual assault response team does not exist in the county, the certified rape crisis center serving the county may coordinate with community partners to establish a county-specific or regional sexual assault response team.
(2) Each sexual assault response team shall:
(a) Meet at least quarterly to ensure a coordinated multidisciplinary response to sexual assault.
(b) Develop written protocols to govern the team’s response to sexual assault which must include all of the following:
1. Roles and responsibilities of each team member.
2. Procedures following the report of a sexual assault, including:
a. Law enforcement and immediate crisis response.
b. Health care treatment for a sexual assault victim.
c. Followup services provided to a sexual assault victim.
3. Procedures for the preservation, secure storage, and destruction of evidence from a sexual assault evidence kit, including length of storage, site of storage, and chain of custody.
4. Procedures for maintaining the confidentiality of a sexual assault victim during a forensic medical examination.
(c) Promote and support the use of qualified sexual assault forensic examiners who have successfully completed a minimum of 40 hours of specialized training in the provision of trauma-informed medical care and in the collection of evidence in sexual assault cases.
(3)(a) The certified rape crisis center serving the county in which the sexual assault response team is established, in collaboration with community partners, shall determine the membership of each sexual assault response team. At a minimum, membership must include the following persons or their designees:
1. The director of the certified rape crisis center.
2. A representative from the county health department.
3. The state attorney.
4. The chief of a police department located in the county.
5. The county sheriff.
6. A forensic sexual assault nurse examiner.
7. A representative from a hospital emergency department located in the county or region.
(b) If the sexual assault response team serves more than one county, its membership must include persons listed in paragraph (a) from each county.
(4) The Florida Council Against Sexual Violence shall provide technical assistance relating to the development and implementation of the sexual assault response teams.
History.—s. 1, ch. 2021-229.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part I - County Health Departments (Ss. 154.001-154.067) › 154.03 - Cooperation with Department of Health and United States Government.

154.03 Cooperation with Department of Health and United States Government.—
(1) The county commissioners of any county may agree with the Department of Health upon the expenditure by the department in such county of any funds allotted for that purpose by the department or received by it for such purposes from private contributions or other sources, and such funds shall be paid to the Chief Financial Officer and shall form a part of the full-time county health department trust fund of such county; and such funds shall be expended by the department solely for the purposes of this chapter. The department is further authorized to arrange and agree with the United States Government, through its duly authorized officials, for the allocation and expenditure by the United States of funds of the United States in the study of causes of disease and prevention thereof in such full-time county health departments when and where established by the department under this part.
(2) Nothing in chapter 75-48, Laws of Florida, shall affect the powers and authorities granted to the several counties of the state and the county commissions thereof by chapter 154, except to substitute the Department of Health in place of the Division of Health as a party in interest in any agreements provided for in that chapter and except as provided in ss. 154.01 and 154.04.
History.—s. 3, ch. 14906, 1931; CGL 1936 Supp. 2934(24); s. 2, ch. 61-119; ss. 19, 35, ch. 69-106; s. 13, ch. 75-48; s. 31, ch. 77-147; s. 74, ch. 79-400; s. 6, ch. 83-177; s. 20, ch. 97-101; s. 151, ch. 2003-261.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part I - County Health Departments (Ss. 154.001-154.067) › 154.05 - Cooperation and agreements between counties.

154.05 Cooperation and agreements between counties.—Counties may establish cooperative arrangements for shared county health departments in the following ways:
(1) Two or more counties may combine in the establishment and maintenance of a single full-time county health department for the counties which combine for that purpose; and, pursuant to such combination or agreement, such counties may cooperate with one another and the Department of Health and contribute to a joint fund in carrying out the purpose and intent of this chapter. The duration and nature of such agreement shall be evidenced by resolutions of the boards of county commissioners of such counties and shall be submitted to and approved by the department. In the event of any such agreement, a full-time county health department shall be established and maintained by the department in and for the benefit of the counties which have entered into such an agreement; and, in such case, the funds raised by taxation pursuant to this chapter by each such county shall be paid to the Chief Financial Officer for the account of the department and shall be known as the full-time county health department trust fund of the counties so cooperating. Such trust funds shall be used and expended by the department for the purposes specified in this chapter in each county which has entered into such agreement. In case such an agreement is entered into between two or more counties, the work contemplated by this chapter shall be done by a single full-time county health department in the counties so cooperating; and the nature, extent, and location of such work shall be under the control and direction of the department.
(2) The operations of two or more county health departments may be combined when the parties agree to the specific roles and responsibilities of each county and county health department. Such an agreement shall specify the roles and responsibilities of each county and county health department, including the method of governance and executive direction; the manner by which each county’s public health needs will be addressed; an inventory of necessary facilities, equipment, and personnel; and any other needed infrastructure.
History.—s. 5, ch. 14906, 1931; CGL 1936 Supp. 2934(26); s. 2, ch. 61-119; ss. 19, 35, ch. 69-106; s. 33, ch. 77-147; s. 8, ch. 83-177; s. 21, ch. 97-101; s. 152, ch. 2003-261; s. 3, ch. 2012-184.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part I - County Health Departments (Ss. 154.001-154.067) › 154.06 - Fees and services rendered; authority.

154.06 Fees and services rendered; authority.—
(1) The Department of Health may establish by rule fee schedules for public health services rendered through the county health departments. Such rules may include provisions for fee assessments, copayments, sliding fee scales, fee waivers, and fee exemptions. In addition, the department shall adopt by rule a uniform statewide fee schedule for all regulatory activities performed through the environmental health program. Each county may establish, and each county health department may collect, fees for primary care services, provided that a schedule of such fees is established by resolution of the board of county commissioners or by rule of the department, respectively. Fees for primary care services and communicable disease control services may not be less than Medicaid reimbursement rates unless otherwise required by federal or state law or regulation.
(2) All funds collected under this section shall be expended solely for the purpose of providing health services and facilities within the county served by the county health department. Fees collected by county health departments pursuant to department rules shall be deposited with the Chief Financial Officer and credited to the County Health Department Trust Fund. Fees collected by the county health department for public health services or personal health services shall be allocated to the state and the county based upon the pro rata share of funding for each such service. The board of county commissioners, if it has so contracted, shall provide for the transmittal of funds collected for its pro rata share of personal health services or primary care services rendered under the provisions of this section to the State Treasury for credit to the County Health Department Trust Fund, but in any event the proceeds from such fees may only be used to fund county health department services.
(3) The foregoing provisions notwithstanding, any county which charges fees for any services delivered through county health departments prior to July 1, 1983, and which has pledged or committed the fees yet to be collected toward the retirement of outstanding obligations relating to county health department facilities may be exempted from the provisions of subsection (1) until such commitment or obligation has been satisfied or discharged.
History.—ss. 1, 2, ch. 69-80; ss. 19, 35, ch. 69-106; s. 3, ch. 72-323; s. 34, ch. 77-147; s. 9, ch. 83-177; s. 3, ch. 89-311; s. 22, ch. 97-101; s. 11, ch. 97-237; s. 2, ch. 2000-242; s. 153, ch. 2003-261.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part I - County Health Departments (Ss. 154.001-154.067) › 154.067 - Child abuse and neglect cases; duties.

154.067 Child abuse and neglect cases; duties.—The Department of Health shall adopt a rule requiring every county health department, as described in s. 154.01, to adopt a protocol that, at a minimum, requires the county health department to:
(1) Incorporate in its health department policy a policy that every staff member has an affirmative duty to report, pursuant to chapter 39, any actual or suspected case of child abuse, abandonment, or neglect; and
(2) In any case involving suspected child abuse, abandonment, or neglect, designate, at the request of the department, a staff physician to act as a liaison between the county health department and the Department of Children and Families office that is investigating the suspected abuse, abandonment, or neglect, and the Child Protection Team, as defined in s. 39.01, when the case is referred to such a team.
History.—s. 4, ch. 84-226; s. 1, ch. 93-260; s. 1, ch. 97-237; s. 129, ch. 98-403; s. 37, ch. 2014-19; s. 28, ch. 2019-3.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part II - County Public Health Trusts (Ss. 154.07-154.13) › 154.07 - Public health trusts; creation.

154.07 Public health trusts; creation.—There may be created in and for each county of the state a public body corporate and politic, to be known as the “public health trust” of such county, for the purpose of exercising the powers described herein with respect to “designated facilities” as that term is hereinafter defined. No trust created hereunder shall transact any business or exercise any powers until the governing body of the county of such trust shall, by proper resolution, declare that there is a need for such trust to function and shall appoint the members thereof.
History.—s. 1, ch. 73-102.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part II - County Public Health Trusts (Ss. 154.07-154.13) › 154.08 - Designated facilities; definition.

154.08 Designated facilities; definition.—
(1) The board of trustees of each public health trust is authorized to become the operator of, and governing body for, any designated facility. The term “designated facility” shall mean any county-owned or county-operated facility used in connection with the delivery of health care, the operation, governance, or maintenance of which has been designated by the governing body of such county for transfer to the public health trust of that county.
(2) Designated facilities may include, but shall not be limited to, the following: sanatoriums, clinics, ambulatory care centers, primary care centers, hospitals, rehabilitation centers, health training facilities, nursing homes, nurses’ residence buildings, infirmaries, outpatient clinics, mental health facilities, residences for the aged, rest homes, health care administration buildings, and parking facilities and areas serving health care facilities.
History.—s. 2, ch. 73-102.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part II - County Public Health Trusts (Ss. 154.07-154.13) › 154.09 - Governing body; composition.

154.09 Governing body; composition.—
(1) The governing body of each public health trust shall be a board of trustees consisting of not less than 7 nor more than 21 members, to be appointed for staggered terms of not more than 4 years by the governing body of the county in which such trust is located from among the residents of the county in a manner to be determined by the governing body of the county.
(2) The governing body of the county in which a public health trust is located shall have the power to remove any member of the board of trustees for cause and to fill any vacancies that may occur during the term of any trustees for the remainder of such a term.
(3) Before entering upon the duties of the office, each member of the board of trustees shall take the prescribed oath of office. Each trustee shall give bond to the clerk of the governing body of the county for the faithful performance of the duties of said office, in a sum to be fixed by said governing body. The bond shall be issued by a surety company authorized to do business in the state as a surety. The premium on said bond shall be paid by the trust as part of the expense of the board of trustees.
(4) The board of trustees shall organize immediately after the members thereof are qualified, elect one of its members as a chair and one of its members as a vice chair, and designate a secretary who may or may not be a member of the board.
(5) Members of the board of trustees shall serve without compensation, but shall be entitled to necessary expenses incurred in the discharge of their duties.
(6) The board of trustees shall hold regular meetings in accordance with the bylaws of the public health trust, and the board may hold such other meetings as it deems necessary. All meetings of the board shall be public, and written minutes of the proceedings of each meeting shall be maintained by the board. All of the actions taken at said meetings shall be properly and promptly recorded.
History.—s. 3, ch. 73-102; s. 870, ch. 95-147.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part II - County Public Health Trusts (Ss. 154.07-154.13) › 154.10 - Relationship with board of county commissioners.

154.10 Relationship with board of county commissioners.—At such time as the governing body of a county shall declare the need for a public health trust to function in such county, appoint a board of trustees, and designate health care facilities pursuant to the provisions of this part, said governing body shall be authorized to transfer to the public health trust any or all of the ownership, operation, governance, or maintenance of such designated facilities. The county governing body shall, by ordinance, by contract or lease with the public health trust, or by a combination of the foregoing, provide for each of the following:
(1) A method whereby the public health trust shall account to the county governing body for all receipts and expenditures of money.
(2) A method whereby the public health trust shall request, and the county governing body may approve, the appropriation and payment of county funds to support the lawful purposes of the trust.
(3) A method whereby the public health trust shall request, and said county governing body may effectuate, the issuance of bonds or the borrowing of money, pursuant to authority vested in said governing body of the county.
(4) Compliance by the public health trust with policies for countywide health care delivery as established by the county governing body.
(5) The preservation and continuation of the benefits of county employees who became employees of the public health trust, including, but not limited to, participation by such employees in the State and County Officers and Employees’ Retirement System and the Florida Retirement System. The trust may provide social security for its employees pursuant to the provisions of chapter 650 and may bring its employees under the provisions of the Florida Retirement System as authorized by chapter 121.
(6) An appellate process to be available to employees against whom disciplinary or other official action has been taken.
(7) A procedure whereby the county governing body may approve or disapprove of contracts between the board of trustees and labor unions.
(8) A method whereby the county governing body may declassify facilities as “designated facilities” and provide for the county to assume the ownership, operation, governance, or maintenance of such facilities.
History.—s. 4, ch. 73-102.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part II - County Public Health Trusts (Ss. 154.07-154.13) › 154.12 - Legal status of public health trusts.

154.12 Legal status of public health trusts.—
(1) Employees of a public health trust created pursuant to this part shall be considered to come within the terms of chapter 122 for purposes of inclusion in the State and County Officers and Employees’ Retirement System and within the terms of chapter 121, for purposes of inclusion in the Florida Retirement System.
(2) Nothing contained in this part shall be deemed to provide an exclusive method by which counties may operate, govern, and maintain health care facilities, and counties shall be authorized to utilize any other method or means authorized by law for this purpose. Nothing contained herein shall affect the continued validity and operation of hospital districts created by special acts.
History.—ss. 7, 8, 11, ch. 73-102; s. 3, ch. 2000-209.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part II - County Public Health Trusts (Ss. 154.07-154.13) › 154.13 - Designated facilities; jurisdiction.

154.13 Designated facilities; jurisdiction.—Any designated facility owned or operated by a public health trust and located within the boundaries of a municipality is under the exclusive jurisdiction of the county creating the public health trust and is not within the jurisdiction of the municipality.
History.—s. 2, ch. 2018-24.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part III - Health Facilities Authorities (Ss. 154.201-154.247) › 154.201 - Short title.

154.201 Short title.—This part shall be known and cited as the “Health Facilities Authorities Law.”
History.—s. 1, ch. 74-323.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part III - Health Facilities Authorities (Ss. 154.201-154.247) › 154.203 - Findings and declaration of necessity.

154.203 Findings and declaration of necessity.—It is declared that for the benefit of the people of this state, the increase of their commerce, welfare, and prosperity, and the improvement of their health and living conditions it is essential that the people of this state have access to adequate medical care and health facilities and that it is essential that health facilities within each county and municipality in the state be provided with appropriate additional means to assist in the development and maintenance of the public health. It is the purpose of this part to provide a measure of assistance and an alternate method to enable health facilities in each county and municipality of this state to provide the facilities and structures which are determined to be needed by the community to accomplish the purposes of this part. The necessity in the public interest of the provisions hereinafter enacted is hereby declared as a matter of legislative determination.
History.—s. 2, ch. 74-323.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part III - Health Facilities Authorities (Ss. 154.201-154.247) › 154.211 - Payment of expenses.

154.211 Payment of expenses.—All expenses incurred in carrying out the provisions of this part shall be payable solely from funds provided under the provisions of this part, and no liability or obligation shall be incurred by an authority, a local agency, or the state hereunder beyond the extent to which moneys shall have been provided under the provisions of this part.
History.—s. 6, ch. 74-323.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part III - Health Facilities Authorities (Ss. 154.201-154.247) › 154.215 - Construction contracts.

154.215 Construction contracts.—Contracts for the construction of any project shall be awarded by the authority upon a competitive or negotiated basis, as it determines will most effectively serve the purposes of this part. The authority may, by written contract, engage the services of the lessee or prospective lessee of any project in the construction of such project and may provide in such contract that the lessee or prospective lessee may act as an agent of, or an independent contractor for, the authority for the performance of the functions described therein, subject to such conditions and requirements consistent with the provisions of this part as shall be prescribed in such contract, including such functions as the acquisition of the site and other real property for such project; the preparation of plans, specifications, and contract documents; the award of construction and other contracts upon a competitive or negotiated basis; the construction of such project, or any part thereof, directly by such lessee or prospective lessee; the inspection and supervision of construction; the employment of engineers, architects, builders, and other contractors; and the provisions of money to pay the cost thereof pending reimbursement by the authority. Any such contract may provide that the authority may, out of proceeds of bonds, make advances to or reimburse the lessee or prospective lessee for its costs incurred in the performance of such functions and shall set forth the supporting documents required to be submitted to the authority and the reviews, examinations, and audits that shall be required in connection therewith to assure compliance with the provisions of this part and such contract.
History.—s. 8, ch. 74-323.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part III - Health Facilities Authorities (Ss. 154.201-154.247) › 154.217 - Notes of authority.

154.217 Notes of authority.—The authority is authorized from time to time to issue its negotiable notes for any corporate purposes and renew from time to time any notes by the issuance of new notes, whether the notes to be renewed have or have not matured. Except as otherwise provided herein or in s. 154.219, the maximum maturity of such notes, not including renewals thereof, shall not exceed 1 year. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. All such notes shall be payable solely from the revenues of the authority, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding.
History.—s. 9, ch. 74-323.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part III - Health Facilities Authorities (Ss. 154.201-154.247) › 154.221 - Security of bondholders.

154.221 Security of bondholders.—In the discretion of the authority, any bonds issued under the provisions of this part may be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or resolution providing for the issuance of such bonds may pledge or assign the fees, rents, charges, or proceeds from the sale of any project or part thereof, insurance proceeds, condemnation awards, and other funds and revenues to be received therefor, and may provide for the mortgaging of any project or any part thereof as security for repayment of the bonds. Such trust agreement or resolution providing for the issuance of such bonds shall contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property and the construction, improvement, maintenance, repair, operation, and insurance of the project or projects in connection with which such bonds shall have been authorized; the fees, rents and other charges to be fixed and collected; the sale of any project, or part thereof, or other property; the terms and conditions for the issuance of additional bonds; and the custody, safeguarding, and application of all moneys. It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depositary of the proceeds of bonds, revenues, or other money hereunder to furnish such indemnifying bonds or to pledge such securities as may be required by the authority. Any such trust agreement or resolution shall set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be treated as a part of the cost of the project or projects in connection with which bonds are issued or as an expense of administration of such projects, as the case may be.
History.—s. 11, ch. 74-323.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part III - Health Facilities Authorities (Ss. 154.201-154.247) › 154.223 - Payment of bonds.

154.223 Payment of bonds.—Revenue bonds issued under the provisions of this part shall not be deemed to constitute a debt, liability, or obligation of the local agency or the state or any political subdivision thereof, or a pledge of the faith and credit of the local agency or the state or any political subdivision thereof, but shall be payable solely from the revenues provided therefor. All such revenue bonds shall contain on the face thereof a statement to the effect that the authority shall not be obligated to pay the same or the interest thereon except from the revenues of the project or the portion thereof for which they are issued and that neither the faith and credit nor the taxing power of the local agency or of the state or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds. The issuance of revenue bonds under the provisions of this part shall not directly, indirectly, or contingently obligate the local agency or the state or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment.
History.—s. 12, ch. 74-323.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part III - Health Facilities Authorities (Ss. 154.201-154.247) › 154.225 - Revenues.

154.225 Revenues.—
(1) The authority is hereby authorized to fix and to collect fees, rents, and charges for the use of any project or projects and any part or section thereof. The authority may require that the lessee of any project or part thereof shall operate, repair, and maintain the project and bear the cost thereof and other costs of the authority in connection with the project or projects leased as may be provided in the agreement of lease or other contract with the authority, in addition to other obligations imposed under such agreement or contract.
(2) The fees, rents, and charges shall be so fixed as to provide a fund sufficient to pay the principal of, and the interest on, such bonds as the same shall become due and payable and to create reserves, if any, deemed by the authority to be necessary for such purposes. The fees, rents, charges, and all other revenues and proceeds derived from the project or projects in connection with which the bonds of any issue shall have been issued, except such part thereof as may be necessary for such reserves or any expenditures as may be provided in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be set aside at such regular intervals as may be specified in such resolution or such trust agreement in a sinking fund which is hereby pledged to, and charged with, the payment of the principal of and the interest on such bonds as the same shall become due and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time when the pledge is made. The fees, rents, charges, and other revenues and moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof. The use and disposition of money to the credit of such sinking fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of such trust agreement. Except as may otherwise be provided in the resolution or the trust agreement, the sinking fund shall be a fund for all such bonds without distinction or priority of one over another.
History.—s. 13, ch. 74-323.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part III - Health Facilities Authorities (Ss. 154.201-154.247) › 154.227 - Trust funds.

154.227 Trust funds.—Notwithstanding any other provisions of law to the contrary, all money received pursuant to the provisions of this part, whether as proceeds from the sale of bonds, sale of property, insurance, or condemnation awards, or as revenues, shall be deemed to be trust funds, to be held and applied solely as provided in this part. The resolution authorizing the bonds of any issue or the trust agreement securing such bonds may provide that any of such moneys may be temporarily invested pending the disbursement thereof and shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this part and such resolution or trust agreement may provide.
History.—s. 14, ch. 74-323.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part III - Health Facilities Authorities (Ss. 154.201-154.247) › 154.229 - Remedies.

154.229 Remedies.—Any holder of bonds issued under the provisions of this part or of any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by such trust agreement or the resolution authorizing the issuance of such bonds, may, either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of this state or granted hereunder or under such trust agreement or resolution authorizing the issuance of such bonds, or under any agreement of lease or other contract executed by the authority pursuant to this part, and may enforce and compel the performance of all duties required by this part or by such trust agreement or resolution to be performed by any lessee or the authority or by any officer thereof, including the fixing, charging, and collecting of fees, rents, and charges.
History.—s. 15, ch. 74-323.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part III - Health Facilities Authorities (Ss. 154.201-154.247) › 154.231 - Negotiability of bonds.

154.231 Negotiability of bonds.—All bonds issued under the provisions of this part shall have, and are hereby declared to have, all the qualities and incidents, including negotiability, of investment securities under the Uniform Commercial Code, but no provision of such code respecting the filing of a financing statement to perfect a security interest shall be deemed necessary for, or applicable to, any security interest created in connection with the issuance of any such bonds.
History.—s. 16, ch. 74-323.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 154 - Public Health Facilities › Part III - Health Facilities Authorities (Ss. 154.201-154.247) › 154.2331 - Tax exemption.

154.2331 Tax exemption.—
(1) The exercise of the powers granted by this part will be in all respects for the benefit of the people of this state, for the increase of their commerce, welfare, and prosperity, and for the improvement of their health and living conditions. Because the operation and maintenance of a project by a health facility will constitute the performance of an essential public function, neither the authority nor a hospital institution shall be required to pay any taxes or assessments upon or in respect of a project or any property acquired by the authority under the provisions of this part or upon the income therefrom, and any bonds issued under the provisions of this part, their transfer, and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation of every kind by the state, the local agency, and municipalities and other political subdivisions in the state, except that such income shall be subject to the tax imposed pursuant to the provisions of chapter 220. Nothing in this section shall be construed as exempting from taxation or assessment the leasehold interest of any health facility organized for profit. If any project or any part thereof is occupied or operated by any health facility organized for profit pursuant to any contract or lease with the authority, the property interest created by such contract or lease shall be subject to taxation to the same extent as other privately owned property.
(2) Homes for the aged, or life care communities, however designated, which are financed through the sale of health facilities authority bonds, whether on a sale-leaseback arrangement, a sale-repurchase arrangement, or other financing arrangement, are exempt from ad valorem taxation only in accordance with the provisions of s. 196.1975.
History.—s. 1, ch. 84-138.