Chapter 490 - JACKSONVILLE HEALTH FACILITIES AUTHORITY

Sec. 482.110. - Reserved. Chapter 491 - LOCAL PROVIDER PARTICIPATION FUND Chapter 490 - JACKSONVILLE HEALTH FACILITIES AUTHORITY[1]

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Charter reference— Utilization of central services, § 7.303; civil service, Art. 19.

State Law reference— Health Facilities Authorities Law, F.S. § 154.201 et seq.

Sec. 490.101. - Declaration of need.

The Council hereby finds and declares that, for the benefit of the people of the City, the increase of their commerce, welfare and prosperity and the improvement of their health and living conditions, it is essential that the people of the City have access to adequate medical care and health facilities and that it is essential that health facilities within the City be provided with appropriate additional means to assist in the development, improvement and maintenance of the public health. The Council therefore determines that there is a need for the creation of a health facilities authority pursuant to F.S. Ch. 154, Pt. III, in order to provide a method for the financing and refinancing on a tax-exempt basis of projects on behalf of private corporations organized not-for-profit and authorized by law to provide hospital or nursing home services, thus providing facilities at favorable interest costs with a resultant decrease in health care costs for the uses of health facilities within the City.

(Ord. 78-656-589, § 1; Ord. 83-591-400, § 1)

Note— Former § 560.101.

Sec. 490.102. - Territorial application.

This Chapter applies, and the Jacksonville Health Facilities Authority may exercise its powers and perform its functions, throughout the General Services District.

(Ord. 78-656-589, § 1; Ord. 83-591-400, § 1)

Note— Former § 560.102.

Sec. 490.103. - Definitions.

As used in this Chapter, unless the context otherwise requires:

(a)

Authority means the Jacksonville Health Facilities Authority created by this Chapter.

(b)

Bonds or revenue bonds means revenue bonds of the Authority issued under the provisions of this Chapter, including revenue refunding bonds, notwithstanding that the same may be secured by a mortgage or the full faith and credit of a health facility.

(c)

Certificate of need means a written statement issued by the State Department of Health, having as its basis a written advisory statement issued by the Department evidencing community need for a new, converted, expanded or otherwise significantly modified health facility.

(d)

Cost, as applied to a project or any portion thereof financed under the provisions of this Chapter, embraces:

(1)

All or any part of the cost of construction and acquisition of real property, lands, structures, real or personal property rights, rights-of-way, franchises, easements and interest acquired or used for a project.

(2)

The cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be removed.

(3)

The cost of all machinery and equipment.

(4)

Financing charges and interest prior to, during and for a period of 24 months after completion of construction.

(5)

Provisions for reserves for principal and interest and for extensions, enlargements, additions and improvements.

(6)

The cost of engineering, appraisal, architectural, accounting, financial and legal services.

(7)

The cost of plans, specifications, studies, surveys and estimates of costs and revenues.

(8)

Administrative expenses, including expenses necessary or incident to determining the feasibility or practicability of constructing the project.

(9)

Such other expenses as may be necessary or incident to the construction and acquisition of the project, the financing of such construction and acquisition and the placing of the project in operation.

(e)

Health facility means any private corporation organized not-for-profit and authorized to provide hospital or nursing home care services in accordance with F.S. Ch. 395 or F.S. Ch. 400.

(f)

Project means any structure, facility, machinery, equipment or other property suitable for use by a health facility in connection with its operations or proposed operations, including without limitation:

(1)

Real property therefor;

(2)

A clinic, computer facility, dining hall, fire-fighting facility, fire prevention facility, food service and preparation facility, health-care facility, long-term care facility, hospital, interns' residence, laboratory, laundry, maintenance facility, nurses' residence, nursing home, nursing school, office, parking area, pharmacy, recreational facility, research facility, storage facility, utility or X-ray facility, or any combination of the foregoing; and

(3)

Other structures or facilities related thereto or required or useful for health-care purposes, the conduct of research or the operation of a health facility, including facilities or structures essential or convenient for the orderly conduct of the health facility and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended;

but shall not include such items as fuel, supplies or other items which are customarily deemed to result in a current operating charge.

(g)

Real property means and includes all lands, buildings, structures, improvements and fixtures thereon; any property of any nature appurtenant thereto or used in connection therewith; and every estate, interest and right, legal or equitable, therein, including any such interest for a term of years.

(Ord. 78-656-589, § 1; Ord. 83-591-400, § 1)

Note— Former § 560.103.

Sec. 490.104. - Construction.

This Chapter shall be liberally construed to effect the purposes stated in Section 490.101. In addition, this Chapter shall be construed so as to permit the full exercise of the powers and performance of the functions granted and authorized by F.S. Ch. 154, Pt. III, except only as limited by the provisions of this Chapter.

(Ord. 78-656-589, § 1; Ord. 83-591-400, § 1)

Note— Former § 560.104.

Sec. 490.105. - Authority created.

There is hereby created the Jacksonville Health Facilities Authority, which is a public body corporate and politic. The Authority is a public instrumentality and an agency of the City, and the exercise by the Authority of the powers conferred by this Chapter shall be deemed and held to be the performance of an essential public function.

(Ord. 78-656-589, § 1; Ord. 83-591-400, § 1)

Note— Former § 560.105.

Sec. 490.106. - Governing body.

(a)

The governing body of the Authority shall be composed of five members appointed by the Council for a term of four years; provided, that of the first members appointed, the Council shall designate one member to serve for one year, one member to serve for two years, one member to serve for three years and two members to serve for four years, but thereafter all appointments, except appointments to fill vacancies, shall be for a term of four years. Vacancies during a term shall be filled for the unexpired term. If any member fails to attend two of three successive meetings of the Authority without cause and without prior approval of the chairman of the Authority, the Authority shall declare the member's office vacant and such vacancy shall be filled as provided for herein.

(b)

The members of the Authority shall have such qualifications, duties and responsibilities, shall receive such travel expense reimbursement and shall be organized to do business as provided in F.S. § 154.207(4), (5), (6), (7) and (8); provided, that the Authority shall utilize the central services of the City on a cost-accounted basis, that the Authority shall annually submit a budget to the Council in the same manner as the executive departments are required, and that the fiscal year of the Authority shall be the same as the City's fiscal year. Any member of the Authority may be removed by the Council for misfeasance, malfeasance or willful neglect of duty, in the same manner as the elected officers of the Council may be removed.

(c)

The provisions of F.S. § 286.012, relating to voting, and of F.S. §§ 112.311—112.3175, relating to financial disclosure, shall apply to each member of the Authority.

(Ord. 78-656-589, § 1; Ord. 83-591-400, § 1; Ord. 90-467-202, § 1)

Note— Former § 560.106.

Sec. 490.107. - Powers of Authority; limitations upon powers.

The Authority shall have the powers authorized by F.S. § 154.209 for it to exercise, subject to the limitations imposed by this Section and elsewhere in this Chapter. In addition, the Authority shall have the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Chapter and the Council hereby confers such powers upon the Authority, subject to the limitations imposed by this Section and elsewhere in this Chapter. The Authority may exercise the powers hereby authorized and conferred in the performance of its functions, except:

(a)

The power contained in F.S. § 154.209(9) may be exercised only with the approval of the Council.

(b)

The power contained in F.S. § 154.209(11) shall be exercised subject to the provisions of Article 19 of the Charter and the Authority shall use the legal services provided by the Office of General Counsel unless otherwise authorized by the Council.

(c)

The powers contained in F.S. §§ 154.209(12) and (13) when funds obtained or to be obtained from the issuance by the Authority or revenue bonds are to be used in the exercise of such powers, may be exercised only when the Council has approved the issuance of the revenue bonds.

(d)

The power contained in F.S. § 154.209(14) shall be so exercised that all of the Authority's administrative costs and expenses are equitably apportioned among and charged to the health facilities using its services.

(e)

The exercise of any of the powers hereby authorized or conferred is subject to the power of the Council to approve the budget of the Authority and to adopt a capital improvement program for the Authority.

(Ord. 78-656-589, § 1; Ord. 83-591-400, § 1; Ord. 2006-185-E, § 3)

Note— Former § 560.107.

Sec. 490.108. - Issuance of notes and revenue bonds.

The Authority is authorized pursuant to F.S. §§ 154.217, 154.219 and 154.235 and F.S. Ch. 159, Pt. III to issue notes and revenue bonds, including refunding bonds. All bonds issued pursuant to this Chapter 490 shall include payment of the application fee, issuance fee, and special review counsel fee set forth in Section 104.305, Ordinance Code. All such fee revenues shall be deposited into an account in the City's General Fund established for the purposes of this Chapter 490, and surplus fee revenue, if any, shall be turned over to the City at the end of each fiscal year to be applied, with other appropriated funds, for the benefit of indigent patient health care. The notes and bonds to be issued under the authority of F.S. Ch. 159, Pt. II may be issued solely to finance or refinance projects which are health care facilities within the meaning of the Chapter and which are operated by not-for-profit organizations. The notes and revenue bonds of every issue shall be payable solely out of revenues derived by the Authority from the sale, operation or leasing of any project or projects or other payments received under financing agreements with respect thereto, subject only to any agreements with the holders of particular notes or revenue bonds pledging any particular revenues; and the Authority shall not pledge, and the Council hereby forbids any pledge of, the taxing power of the City or the full faith and credit of the City. Revenue bonds, including refunding bonds, may be issued by the Authority only upon approval by resolution of the Council. No revenue bonds may be sold at any interest rate higher than the rate then authorized by general law for bonds, certificates or other obligations issued by the City, nor shall any issue of revenue bonds be sold unless the rating assigned to the issue is at least Baa from Moody's Investor Services or BBB from Standard and Poor.

(Ord. 78-656-589, § 1; Ord. 82-361-116, § 1; Ord. 83-93-109, § 1; Ord. 83-591-400, § 1; Ord. 2008-1038-E, § 2)

Note— Former § 560.108.

Sec. 490.109. - Applicability of other provisions of F.S. Ch. 154, Pt. III.

All other provisions of F.S. Ch. 154, Pt. III shall apply to the Authority the same as if they were fully set out in this Chapter.

(Ord. 78-656-589, § 1; Ord. 83-591-400, § 1)

Note— Former § 560.109.

Sec. 482.110. - Reserved. Chapter 491 - LOCAL PROVIDER PARTICIPATION FUND