Florida Statutes

Fla. Stat. § 154.205 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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154.205 Definitions.—The following terms, whenever used in this part, shall have the following meanings unless a different meaning clearly appears from the context:

(1) “Areawide council” means an advisory comprehensive health planning council, as described and approved under all pertinent federal and state laws and rules and regulations.

(2) “Authority” or “health facilities authority” means any of the public corporations created by s. 154.207 or any board, body, commission, or department of a county or municipality succeeding to the principal functions thereof or to whom the powers conferred upon each authority by this part shall be given by law.

(3) “Bonds” or “revenue bonds” means revenue bonds of the authority issued under the provisions of this part, including revenue refunding bonds, notwithstanding that the same may be secured by mortgage or the full faith and credit of a health facility.

(4) “Certificate of need” means a written advisory statement issued by the Agency for Health Care Administration, having as its basis a written advisory statement issued by an areawide council and, where there is no council, by the Agency for Health Care Administration, evidencing community need for a new, converted, expanded, or otherwise significantly modified health facility.

(5) “Clerk” means the clerk of the local agency, or the officer of the local agency, charged with the duties customarily imposed upon the clerk thereof.

(6) “Cost,” as applied to a project or any portion thereof financed under the provisions of this part, embraces:

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

(b) 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.

(d) Financing charges and interest prior to, during, and for a reasonable period after, completion of such construction.

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

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

(g) The cost of plans, specifications, studies, surveys, and estimates of cost and revenues.

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

(i) 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.

(7) “Governing body” means the board, commission, or other governing body of any local agency in which the general legislative powers of such local agency are vested.

(8) “Health facility” means any private corporation or other entity or association organized not for profit, including, but not limited to, a limited liability company that is organized as a not-for-profit organization and controlled directly or indirectly by one or more not-for-profit organizations, and authorized by law to provide:

(a) Hospital services in accordance with chapter 395;

(b) Nursing home care services in accordance with chapter 400;

(d) Services for the developmentally disabled under chapter 393;

(e) Services for the mentally ill under chapter 394;

(f) Assisted living services in accordance with chapter 429; or

(g) Hospice services in accordance with chapter 400.

The term also includes any private corporation or other entity or association organized not for profit which offers independent living facilities and services as part of a retirement community that provides nursing home care services or assisted living services on the same campus.

(9) “Local agency” means any county or municipality existing or hereafter created pursuant to the laws of this state.

(10) “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, real property therefor; a clinic, computer facility, dining hall, firefighting 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 other structures or facilities related thereto or required or useful for health care purposes, the conducting of research, or the operation of a health facility, including facilities or structures essential or convenient for the orderly conduct of such 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. “Project” shall not include such items as fuel, supplies, or other items which are customarily deemed to result in a current operating charge.

(11) “Real property” includes all lands, including 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.

History.—s. 3, ch. 74-323; s. 1, ch. 77-455; s. 1, ch. 78-115; s. 1, ch. 80-13; s. 5, ch. 88-294; s. 1, ch. 88-302; s. 6, ch. 89-527; s. 13, ch. 99-8; s. 1, ch. 2009-176; s. 1, ch. 2025-179.

Notes of Decisions

Cited in 4 cases, 1978–2007 · leading case: Avante Villa at Jacksonville v. Breidert, 958 So. 2d 1031 (Fla. 1st DCA 2007).

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Avante Villa at Jacksonville v. Breidert, 958 So. 2d 1031 (Fla. 1st DCA 2007). · cites it 2× “NOTES [1] Federal Nursing Home Reform Act from the Omnibus Budget Reconciliation Act. [2] See § 408.032(8), Fla. Stat.; § 408.”

State v. Leon Cnty., 400 So. 2d 949 (Fla. 1981). · cites it 2× “" § 154.205(8), Fla. Stat. (1975). Because the definition of "health care facility" now encompasses for-profit corporations, this aspect of Wald is of no help to appellant.”

Jones v. Life Care of Baptist Hosp., Inc., 476 So. 2d 726 (Fla. 1st DCA 1985). · cites it 6× “” Throughout part III of chapter 154, the term “health facility” is used repeatedly in the sense defined in section 154.205. Section 154.233 creates a tax exemption for an “authority” and “a hospital institution,” but not for a “health facility.”

Wald v. Sarasota Cty. Health Facilities, Etc., 360 So. 2d 763 (Fla. 1978). · cites it 2× “Consequently, posits appellant, the hospital does not constitute a health facility, which is defined by Section 154.205(8), Florida Statutes (1975), as "any private corporation organized not-for-profit and authorized by law to provide hospital .”

— 154.205(2) — 1 case

Jones v. Life Care of Baptist Hosp., Inc., 476 So. 2d 726 (Fla. 1st DCA 1985). “” Throughout part III of chapter 154, the term “health facility” is used repeatedly in the sense defined in section 154.205. Section 154.233 creates a tax exemption for an “authority” and “a hospital institution,” but not for a “health facility.”

— 154.205(8) — 4 cases

Avante Villa at Jacksonville v. Breidert, 958 So. 2d 1031 (Fla. 1st DCA 2007). “NOTES [1] Federal Nursing Home Reform Act from the Omnibus Budget Reconciliation Act. [2] See § 408.032(8), Fla. Stat.; § 408.”

State v. Leon Cnty., 400 So. 2d 949 (Fla. 1981). “" § 154.205(8), Fla. Stat. (1975). Because the definition of "health care facility" now encompasses for-profit corporations, this aspect of Wald is of no help to appellant.”

Wald v. Sarasota Cty. Health Facilities, Etc., 360 So. 2d 763 (Fla. 1978). “Consequently, posits appellant, the hospital does not constitute a health facility, which is defined by Section 154.205(8), Florida Statutes (1975), as "any private corporation organized not-for-profit and authorized by law to provide hospital .”

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