SB 68 — Health Facilities

Florida Senate - 2025 CS for SB 68 FirstBy Engrossedthe 202568e1Committee Aon billHealth toPolicy; be entitled An act relating to health facilities;

and Senator Martin 588-02855-25 202568c1 A bill to be entitled An act relating to health facilities authorities;

amending s.

395.1042, F.S.;

authorizing, rather than requiring, a hospital to perform a confirmation test under certain circumstances;

(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 Pageorganized 1as ofa 12not-for-profit CODING:organization and controlled directly or indirectly by one or more not-for-profit organizations, and authorized by law to provide:

Page 1 of 11 CODING:

Florida Senate - 2025 CS for SB 68 First588-02855-25 Engrossed202568c1 202568e1(a) organizedHospital asservices ain not-for-profitaccordance organizationwith andchapter controlled395; 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;

For this purpose, the authority is Pageauthorized 2and ofempowered: 12 CODING:

(6) To make and execute agreements of lease, contracts, deeds, loan agreements, mortgages, notes, and other instruments Page 2 of 11 CODING:

Florida Senate - 2025 CS for SB 68 First588-02855-25 Engrossed202568c1 202568e1necessary authorizedor convenient in the exercise of its powers and empowered:functions under this part.

(6) To make and execute agreements of lease, contracts, deeds, loan agreements, mortgages, notes, and other instruments necessary or convenient in the exercise of its powers and functions under this part.

(19) To make mortgage or other secured or unsecured loans Pageto 3or for the benefit of 12any CODING:health facility for the cost of a project in accordance with an agreement between the authority and the health facility.

Such loans may be made to any entity Page 3 of 11 CODING:

Florida Senate - 2025 CS for SB 68 First588-02855-25 Engrossed202568c1 202568e1affiliated towith ora forhealth thefacility benefitthat ofundertakes anysuch healthfinancing, facilityif for the costproceeds of asuch projectloan inare accordancemade withavailable anto agreementor betweenapplied for the authoritybenefit andof thesuch health facility.

Such loans may be made to any 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.

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 the provisions of Pagethis 4part. of 12 CODING:

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 Page 4 of 11 CODING:

Florida Senate - 2025 CS for SB 68 First588-02855-25 Engrossed202568c1 202568e1lease thisin part.form and substance not inconsistent herewith.

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.

(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 Pagefinanced 5or refinanced leased, except as may be paid out of 12the CODING:proceeds of bonds or otherwise, including, but not without being limited to,:

insurance costs, the cost of administering the bond Page 5 of 11 CODING:

Florida Senate - 2025 CS for SB 68 First588-02855-25 Engrossed202568c1 202568e1resolution financedauthorizing orsuch refinancedbonds leased,and exceptany astrust mayagreement besecuring paidthe outbonds, ofand the proceedsfees ofand bondsexpenses orof otherwise,trustees, including,paying butagents, notattorneys, withoutconsultants, beingand limitedothers. 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.

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 leased or any substantial portion thereof, such option to purchase may not be exercised unless all bonds issued Page 6 of 1211 CODING:

Florida Senate - 2025 CS for SB 68 First588-02855-25 Engrossed202568c1 202568e1 destruction, or condemnation of the project financed or refinanced leased 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.

Paragraph (b) of subsection (2) of section 395.1042, Florida Statutes, as created by CS for HB 1195, 2025 Regular Session, is amended to read:

395.1042 Fentanyl testing.— (2) (b) If the test results are positive for fentanyl, the hospital may must perform a confirmation test as defined in s.

440.102(1).

Section 5.

(b) The rentals, loan payments, fees, and other charges to Pagebe 7charged, the amounts to be raised in each year thereby, and the use and disposition of 12the CODING:revenues.

WordsSection stricken5. are deletions;

words underlined are additions.

CS for SB 68 First Engrossed 202568e1 be charged, the amounts to be raised in each year thereby, and the use and disposition of the revenues.

Section 6.

Such trust agreement or resolution providing for the issuance of such bonds may pledge or assign the fees, rents, charges,Page or7 proceeds from the sale of any11 projectCODING: 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.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 68 588-02855-25 202568c1 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.