Florida Statute 395.3036 - Full Text and Legal Analysis

The 2025 Florida Statutes

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.

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Amendments to 395.3036

Annotations, Discussions, Cases:

Cases Citing Statute 395.3036

Total Results: 7

MEMORIAL HOSPITAL-WEST v. News-Journal

729 So. 2d 373, 24 Fla. L. Weekly Supp. 52, 27 Media L. Rep. (BNA) 1353, 1999 Fla. LEXIS 48, 1999 WL 20562

Supreme Court of Florida | Filed: Jan 21, 1999 | Docket: 1172132

Cited 32 times | Published

section 24(b) of the Florida Constitution. SECTION 395.3036, FLORIDA STATUTES (SUPP.1998) We recognize

Mem. Hosp.-West Volusia v. News-Journal

784 So. 2d 438, 2001 WL 420865

Supreme Court of Florida | Filed: Apr 26, 2001 | Docket: 1744050

Cited 9 times | Published

question to be of great public importance: SHOULD SECTION 395.3036 [FLORIDA STATUTES (SUPP.1998)] BE APPLIED

Baker County Press, Inc. v. BAKER COUNTY MEDICAL SERV., INC.

870 So. 2d 189, 32 Media L. Rep. (BNA) 1939, 2004 Fla. App. LEXIS 2673, 2004 WL 393189

District Court of Appeal of Florida | Filed: Mar 4, 2004 | Docket: 1330638

Cited 2 times | Published

Because we agree with Medical Services that section 395.3036, Florida Statutes (2002), provides exemptions

Ago

Florida Attorney General Reports | Filed: Jul 18, 2003 | Docket: 3256669

Published

question: Does the trial court's holding that section 395.3036, Florida Statutes, is unconstitutional, in

Williams v. State

785 So. 2d 652, 2001 Fla. App. LEXIS 6137, 2001 WL 483914

District Court of Appeal of Florida | Filed: May 9, 2001 | Docket: 64805458

Published

to decide the facial constitutionality of section 395.3036, Florida Statutes (Supp.1998), because “a

Indian River County Hospital District v. Indian River Memorial Hospital, Inc.

766 So. 2d 233, 2000 Fla. App. LEXIS 907, 2000 WL 121794

District Court of Appeal of Florida | Filed: Feb 2, 2000 | Docket: 64800117

Published

the Sunshine Law prior to the enactment of section 395.3036. When a trial court finds a public authority

Memorial Hospital-West Volusia, Inc. v. News-Journal Corp.

747 So. 2d 473, 28 Media L. Rep. (BNA) 1255, 1999 Fla. App. LEXIS 17629, 1999 WL 1267258

District Court of Appeal of Florida | Filed: Dec 30, 1999 | Docket: 64793322

Published

application to be given to a statute, viz: should section 395.3036, Florida Statutes, be given retroactive application