Florida Statutes

Fla. Stat. § 395.3036 (2025)

Confidentiality of records and meetings of entities that lease public hospitals or other public health care facilities.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 6 cases, 1999–2004 · leading case: Mem'l Hosp.-west v. News-journal, 729 So. 2d 373 (Fla. 1999).

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Mem'l Hosp.-west v. News-journal, 729 So. 2d 373 (Fla. 1999). · cites it 7× “During the course of our deliberations in this case, we requested that petitioner and respondent submit to this Court briefs addressing the applicability of this newly enacted statute to our decision.”

Mem. Hosp.-West Volusia v. News-Journal, 784 So. 2d 438 (Fla. 2001). · cites it 8× “Section 395.3036, Florida Statutes (Supp.”

Baker Cnty. Press, Inc. v. Baker Cnty. Med. Serv., Inc., 870 So. 2d 189 (Fla. 1st DCA 2004). · cites it 14× “Because we agree with Medical Services that section 395.3036, Florida Statutes (2002), provides exemptions for Medical Services from the Public Records Act and Sunshine Law, we affirm the trial court's final judgment.”

Indian River Cnty. Hosp. Dist. v. Indian River Mem'l Hosp., Inc., 766 So. 2d 233 (Fla. 4th DCA 2000). · cites it 7× “(codified at § 395.3036, Fla. Stat. (1999)). The legislature specifically provided that section 395.”

Williams v. State, 785 So. 2d 652 (Fla. 2d DCA 2001). · cites it 2× “1999) (declining to decide the facial constitutionality of section 395.3036, Florida Statutes (Supp.”

Mem'l Hosp.-West Volusia, Inc. v. News-Journal Corp., 747 So. 2d 473 (Fla. 5th DCA 1999). · cites it 2× “At issue is the application to be given to a statute, viz: should section 395.3036, Florida Statutes, be given retroactive application so as to exempt appellant from having to reveal to appellee records it keeps and to reveal to appellee information about meetings it has held.”

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