154.207 Creation of health facilities
authorities. ---
(1) In each local agency there may be created a public body
corporate and politic to be known as the "
(name of local
agency) Health Facilities Authority." Each of said authorities shall be
constituted as a public instrumentality, and the exercise by an authority of
the powers conferred by this part shall be deemed and held to be the
performance of an essential public function. Each of said authorities shall
not transact any business or exercise any power hereunder until and unless the
governing body of the local agency by proper ordinance or resolution shall
declare that there is a need for an authority to function in such local
agency. The determination as to whether there is such need for an authority
to function:
(a) May be made by the governing body on its own motion.
(b) May be made by the governing body upon the filing of a petition
signed by 25 residents of the local agency asserting that there is need for an
authority to function in such local agency and requesting that the governing
body so declare.
(2) The governing body may abolish the authority at any time by
ordinance or resolution. However, the authority shall not be abolished until
such time as all bonded indebtedness incurred pursuant to this part has been
paid.
(3) In any suit, action, or proceeding involving the validity or
enforcement of, or relating to, any contract of the authority, the authority
shall be conclusively deemed to have been established and authorized to
transact business and exercise its powers hereunder by adoption of an
ordinance or resolution by the governing body declaring the need for the
authority. Such ordinance or resolution shall be sufficient if it declares
that there is such a need for an authority in the local agency. A copy of
such ordinance or resolution duly certified by the clerk shall be admissible
in evidence in any suit, action, or proceeding.
(4) The governing body of the local agency shall designate five
persons who are residents of the local agency as members of the authority
created for said local agency. Of the members first appointed, one shall
serve for 1 year, one for 2 years, one for 3 years, and two for 4 years; in
each case until a successor is appointed and has qualified. Thereafter the
governing body shall appoint, for terms of 4 years each, a member or members
to succeed those whose terms expire. The governing body shall fill any
vacancy for an unexpired term. A member of the authority shall be eligible
for reappointment. Any member of the authority may be removed by the
governing body for misfeasance, malfeasance, or willful neglect of duty. Each
member of the authority, before entering upon his or her duties, shall take
and subscribe the oath or affirmation required by the State Constitution. A
record of each oath shall be filed in the Department of State and with the
clerk.
(5) The authority shall annually elect one of its members as
chair and one as vice chair.
(6) The authority shall keep a record of its proceedings and
shall be custodian of all books, documents, and papers filed with it and of
its minute book or journal and official seal. The authority shall cause
copies to be made of all its minutes and other records and documents and shall
give certificates under its official seal to the effect that such copies are
true copies, and all persons dealing with it may rely upon such
certificates.
(7) Three 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 an authority. However,
any action may be taken by the authority with the unanimous consent of all of
its members. 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 the provisions of this
part 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, as well as all records, books,
documents, and papers, shall be open and available to the public in accordance
with s. 286.011.
(8) The members of the authority shall receive no compensation
for the performance of their duties hereunder, but each member shall be paid
his or her necessary expenses incurred while engaged in the performance of
such duties pursuant to s. 112.061.
(9) Any general or special law, rule or regulation, or ordinance
of any local agency to the contrary notwithstanding, 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 receives income from, a health
facility under consideration by the authority shall not vote on any matter
related to such facility.
History: s. 4, ch. 74-323; s. 871, ch. 95-147.
