The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 395
HOSPITAL LICENSING AND REGULATION

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F.S. 395.3036

395.3036 Confidentiality of records and meetings of entities that lease public hospitals or other public health care facilities.—The records of a private entity that leases a public hospital or other public health care facility are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, and the meetings of the governing board of a private entity are exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution if the public lessor complies with the public finance accountability provisions of s. 155.40(18) with respect to the transfer of any public funds to the private lessee and if the private lessee meets at least three of the five following criteria:

(1) The public lessor that owns the public hospital or other public health care facility was not the incorporator or initial member of the private entity that leases the public hospital or other health care facility.

(2) The public lessor and the private lessee do not commingle any of their funds in any account maintained by either of them, other than the payment of the rent and administrative fees or the transfer of funds pursuant to subsection (5).

(3) Except as otherwise provided by law, the private lessee is not allowed to participate, except as a member of the public, in the decisionmaking process of the public lessor.

(4) The lease agreement does not expressly require the lessee to comply with ss. 119.07(1) and 286.011.

(5) The public lessor is not entitled to receive any revenues from the lessee, except for rental or administrative fees due under the lease, and the lessor is not responsible for the debts or other obligations of the lessee.

History.—s. 1, ch. 98-330; s. 6, ch. 2012-66.

F.S. 395.3036 on Google Scholar

F.S. 395.3036 on Casetext

Amendments to 395.3036

Arrestable Offenses / Crimes under Fla. Stat. 395.3036

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 395.3036.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BAKER COUNTY PRESS, INC. a C. v. BAKER COUNTY MEDICAL SERVICES, INC., 870 So. 2d 189 (Fla. Dist. Ct. App. 2004)

. . . Because we agree with Medical Services that section 395.3036, Florida Statutes (2002), provides exemptions . . . Section 395.3036 Exemption Section 395.3036 exempts the records of a private corporation that leases . . . Section 395.3036, Florida Statutes (2002). . . . Because all documents and meetings are exempted in section 395.3036, the definitional problems at issue . . . Because section 395.3036 provides an exemption from the Public Records Act and Sunshine Law, we affirm . . .

WILLIAMS, III, v. STATE, 785 So. 2d 652 (Fla. Dist. Ct. App. 2001)

. . . News-Journal Corp., 729 So.2d 373, 384 (Fla.1999) (declining to decide the facial constitutionality of section 395.3036 . . .

MEMORIAL HOSPITAL- WEST VOLUSIA, INC. v. NEWS- JOURNAL CORPORATION,, 784 So. 2d 438 (Fla. 2001)

. . . review a decision certifying the following question to be of great public importance: SHOULD SECTION 395.3036 . . . However, that court was uncertain as to whether section 395.3036, which exempts from disclosure records . . . Section 395.3036, Florida Statutes (Supp.1998), provides in part: The records of a private corporation . . . Chase Federal Housing Corp., 737 So.2d 494 (Fla.1999), supports its proposition that section 395.3036 . . . We agree with News-Journal and find that under the language in section 395.3036 there is not a clear . . .

INDIAN RIVER COUNTY HOSPITAL DISTRICT, v. INDIAN RIVER MEMORIAL HOSPITAL, INC., 766 So. 2d 233 (Fla. Dist. Ct. App. 2000)

. . . IRMH, Inc. to have committed several violations of the Sunshine Law prior to the enactment of section 395.3036 . . . For these reasons, the legislature enacted section 395.3036, Florida Statutes, which specifically provides . . . (codified at § 395.3036, Fla. Stat. (1999)). . . . The legislature specifically provided that section 395.3036 would take effect on May 30,1998, and “shall . . . records and access to meetings were made in that case — which was prior to the effective date of section 395.3036 . . .

MEMORIAL HOSPITAL- WEST VOLUSIA, INC. v. NEWS- JOURNAL CORPORATION,, 747 So. 2d 473 (Fla. Dist. Ct. App. 1999)

. . . At issue is the application to be given to a statute, viz: should section 395.3036, Florida Statutes, . . . SHOULD SECTION 395.3036 BE APPLIED RETROACTIVELY? The judgment is affirmed. . . .

MEMORIAL HOSPITAL- WEST VOLUSIA, INC. v. NEWS- JOURNAL CORPORATION,, 729 So. 2d 373 (Fla. 1999)

. . . SECTION 395.3036, FLORIDA STATUTES (SUPP.1998) We recognize that the 1998 Legislature enacted chapter . . . 98-330, sections 1-4, Laws of Florida, codified at section 395.3036, Florida Statutes (Supp.1998), which . . . We have determined that we should not decide the facial constitutionality of section 395.3036, Florida . . . Section 395.3036, Florida Statutes, is created to read: 395.3036 Confidentiality of records and meetings . . . Section 395.036, Florida Statutes, is created to read: 395.3036 Confidentiality of records and meetings . . . leasing scheme created in section 155.40 and explains in its intent language, in support of section 395.3036 . . .