Florida Statute 395.3036 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 395
HOSPITAL LICENSING AND REGULATION

View Entire Chapter

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: Fla. Att'y Gen. | Date Filed: 2007-07-10T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2004-03-03T23:53:00-08:00

Citation: 870 So. 2d 189

Snippet: then be considered. II. Section 395.3036 Exemption Section 395.3036 exempts the records of a private …Because we agree with Medical Services that section 395.3036, Florida Statutes (2002), provides exemptions …three of the five following criteria: ... Section 395.3036, Florida Statutes (2002). Appellants do not dispute…the required criteria, but argues that section 395.3036 is facially unconstitutional under article I, …documents and meetings are exempted in section 395.3036, the definitional problems at issue in Halifax

Ago

Court: Fla. Att'y Gen. | Date Filed: 2003-07-18T00:53:00-07:00

Snippet: Does the trial court's holding that section 395.3036, Florida Statutes, is unconstitutional, in Florida…office may provide guidance on this matter. Section 395.3036, Florida Statutes, was adopted in 1998 to make…consider the application of the newly enacted section 395.3036, Florida Statutes.6 In its opinion approving the… of" a public entity.7 Addressing section 395.3036, Florida Statutes, the Court rejected the retroactive…determination of the constitutional validity of section 395.3036, Florida Statutes.8 The court weighed the requirements

Williams v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-05-09T00:00:00-07:00

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: Fla. | Date Filed: 2001-04-26T00:00:00-07:00

Citation: 784 So. 2d 438

Snippet: be of great public importance: SHOULD SECTION 395.3036 [FLORIDA STATUTES (SUPP.1998)] BE APPLIED RETROACTIVELY…that court was uncertain as to whether section 395.3036, which exempts from disclosure records and meetings…certified that question to this Court. Section 395.3036, Florida Statutes (Supp.1998), provides in part… issue, this Court clearly stated that section 395.3036 did not apply retroactively to exempt those records…. 1999), supports its proposition that section 395.3036 applies retroactively. We disagree. In Chase Federal

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

Court: Fla. Dist. Ct. App. | Date Filed: 2000-02-02T00:00:00-08:00

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

Snippet: at § 395.3036, Fla. Stat. (1999)). The legislature specifically provided that section 395.3036 would …Sunshine Law prior to the enactment of section 395.3036. When a trial court finds a public authority has…these reasons, the legislature enacted section 395.3036, Florida Statutes, which specifically provides…which was prior to the effective date of section 395.3036 — the private lessee corporation was subject to

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

Court: Fla. Dist. Ct. App. | Date Filed: 1999-12-30T00:00:00-08:00

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… be of great public importance. SHOULD SECTION 395.3036 BE APPLIED RETROACTIVELY? The judgment is affirmed

MEMORIAL HOSPITAL-WEST v. News-Journal

Court: Fla. | Date Filed: 1999-01-20T23:53:00-08:00

Citation: 729 So. 2d 373

Snippet: part: Section 1. Section 395.3036, Florida Statutes, is created to read: 395.3036 Confidentiality of records…section 24(b) of the Florida Constitution. SECTION 395.3036, FLORIDA STATUTES (SUPP.1998) We recognize that…sections 1-4, Laws of Florida, codified at section 395.3036, Florida Statutes (Supp.1998), which became effective…decide the facial constitutionality of section 395.3036, Florida Statutes, in the present decision. Rather…395.036, Florida Statutes, is created to read: 395.3036 Confidentiality of records and meetings of corporations