Florida Statute 395.3036 | Lawyer Caselaw & Research

The 2024 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.

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 Citing Statute 395.3036

Total Results: 8

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-07-10

Snippet: HB 2231, dated July 21, 1999, p. 13. And see s. 395.3036, Fla. Stat., which makes the records of a private

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

Court: District Court of Appeal of Florida | Date Filed: 2004-03-04

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2003-07-18

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

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-05-09

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

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

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

Court: Supreme Court of Florida | Date Filed: 2001-04-26

Citation: 784 So. 2d 438, 2001 WL 420865

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

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

Court: District Court of Appeal of Florida | Date Filed: 2000-02-02

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1999-12-30

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

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

MEMORIAL HOSPITAL-WEST v. News-Journal

Court: Supreme Court of Florida | Date Filed: 1999-01-21

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

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