The Florida Senate

¹395.3036  Confidentiality of records and meetings of corporations that lease public hospitals or other public health care facilities.--The records of a private corporation that leases a public hospital or other public health care facility are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, and the meetings of the governing board of a private corporation are exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution when the public lessor complies with the public finance accountability provisions of s. 155.40(5) with respect to the transfer of any public funds to the private lessee and when 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 of the private corporation 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 ²subsection (2).

(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 the requirements of 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.

¹Note.--

A.  Section 3, ch. 98-330, provides that "[t]his act does not change existing law relating to discovery of records and information that are otherwise discoverable under the Florida Rules of Civil Procedure or any statutory provision allowing discovery or pre-suit disclosure of such records and information for the purpose of civil actions."

B.  Section 4, ch. 98-330, provides that "[t]his act shall take effect [May 30, 1998] and shall apply to existing leases and future leases of public hospitals and other health care facilities."

²Note.--The reference appears to be incorrect.