§ 154.213 — Agreements of lease; loan agreements

Florida § 154.213

• Jurisdiction: Florida
• Title: XI
• Ch. 154: PUBLIC HEALTH FACILITIES

Text

In undertaking any project pursuant to this part, the authority shall first obtain a valid certificate of need evidencing need for the project and a statement that the project serves a public purpose by advancing the commerce, welfare, and prosperity of the local agency and its people. A project financed under this part may not be operated by the authority or any other governmental agency; however, the authority may temporarily operate or cause to be operated all or any part of a project to protect its interest therein pending any leasing of such project in accordance with this part. The authority may lease a project or projects to a health facility for operation and maintenance in such manner as to effectuate the purposes of this part under an agreement of lease in form and substance not inconsistent herewith. Projects financed or refinanced by the authority with the proceeds of bonds issued for the benefit of a health facility pursuant to s. 154.209(19) or (20) shall be governed by one or more loan agreements made between the authority and a health facility, or between the authority and an entity affiliated with a health facility that undertakes such financing, if the proceeds of such loan are made available to or applied for the benefit of such health facility.

(1) Any such agreement of lease or loan agreement may provide, among other provisions, that: (a) The lessee under an agreement of lease or an obligor under a loan agreement shall at its own expense operate, repair, and maintain the project or projects financed or refinanced thereunder. (b) The rent payable under the agreement of lease or the loan payments made pursuant to the loan agreement shall in the aggregate be not less than an amount sufficient to pay all of the interest, principal, and redemption premiums, if any, on the bonds that are issued by the authority to pay the cost of the project or projects financed or refinanced thereunder. (c) The lessee under an agreement of lease or the obligor under a loan agreement shall pay all costs incurred by the authority in connection with the acquisition, financing, construction, and administration of the project or projects financed or refinanced, except as may be paid out of the proceeds of bonds or otherwise, including, but not limited to, insurance costs, the cost of administering the bond resolution authorizing such bonds and any trust agreement securing the bonds, and the fees and expenses of trustees, paying agents, attorneys, consultants, and others. (d) The terms of the agreement of lease or loan agreement shall terminate not earlier than the date on which all such bonds and all other obligations incurred by the authority in connection with the project or projects financed or refinanced thereunder are paid in full, including interest, principal, and redemption premiums, if any, or adequate funds for such payment are deposited in trust. (e) The lessee’s obligation to pay rent under the agreement of lease and the obligor’s obligation to make loan payments under a loan agreement may not be subject to cancellation, termination, or abatement by the lessee or the obligor until such payment of the bonds or provision for such payment is made.

(2) Such agreement of lease or loan agreement may contain such additional provisions as in the determination of the authority are necessary or convenient to effectuate the purposes of this part, including provisions for extensions of the term and renewals of the lease or loan agreement and vesting in the lessee an option to purchase the project leased thereunder pursuant to such terms and conditions consistent with this part as shall be prescribed in the lease. Except as may otherwise be expressly stated in the agreement of lease or loan agreement, to provide for any contingencies involving the damaging, destruction, or condemnation of the project financed or refinanced or any substantial portion thereof, such option to purchase may not be exercised unless all bonds issued for such project, including all principal, interest, and redemption premiums, if any, and all other obligations incurred by the authority in connection with such project, shall have been paid in full or sufficient funds shall have been deposited in trust for such payment. The purchase price of such project shall not be less than an amount sufficient to pay in full all of the bonds, including all principal, interest, and redemption premiums, if any, issued for the project then outstanding and all other obligations incurred by the authority in connection with such project.

Legislative History

s. 7, ch. 74-323; s. 3, ch. 2025-179.