House Bill 3585c1

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    Florida House of Representatives - 1998             CS/HB 3585

        By the Committee on Governmental Operations and
    Representatives Peaden, Miller, Turnbull, Maygarden and Brooks





  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         creating s. 395.3036, F.S.; providing that the

  4         records of a private corporation that leases a

  5         public hospital or other public health care

  6         facility are confidential and exempt from

  7         public records requirements, and the meetings

  8         of the governing board of such corporation are

  9         exempt from public meeting requirements, except

10         under specified circumstances; providing for

11         future review and repeal; providing

12         applicability; providing a finding of public

13         necessity; providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Section 395.3036, Florida Statutes, is

18  created to read:

19         395.3036  Confidentiality of records and meetings;

20  corporations that lease public hospitals and other health care

21  facilities.--The records of a private corporation that leases

22  a public hospital or other public health care facility are

23  confidential and exempt from the provisions of s. 119.07(1)

24  and s. 24(a), Art. I of the State Constitution, and the

25  meetings of the governing board of such a private corporation

26  are exempt from the provisions of s. 286.011 and s. 24(b),

27  Art. I of the State Constitution unless:

28         (1)  The governing board of the entity that owns the

29  public hospital or other public health care facility was the

30  incorporator of the private corporation; and

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    Florida House of Representatives - 1998             CS/HB 3585

    192-970-98






  1         (2)  A majority of the members of the governing board

  2  of the private corporation are also members of the governing

  3  board of the entity that owns the public hospital or other

  4  public health care facility.

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  6  This section is subject to the Open Government Sunset Review

  7  Act of 1995 in accordance with s. 119.15, and shall stand

  8  repealed on October 2, 2003, unless reviewed and saved from

  9  repeal through reenactment by the Legislature.

10         Section 2.  This act applies retroactively to all

11  existing lease arrangements with respect to public hospitals

12  or other health care facilities and prospectively to all new

13  lease arrangements that meet the requirements of this act.

14         Section 3.  The Legislature finds that it is a public

15  necessity that all records of a private corporation and all

16  meetings of the governing board of the private corporation be

17  confidential and exempt from public records and public meeting

18  requirements when the private corporation leases a public

19  hospital or other health care facility and the private

20  corporation is not owned or controlled by the public entity

21  that owns the hospital or other facility. This exemption is a

22  public necessity because public hospitals and other public

23  health care facilities must be able to lease their facilities

24  to private corporations in order to increase access to health

25  care in Florida. In the absence of the ability to lease the

26  facility to a private corporation, the public entity's only

27  choice is to sell the facility to a private corporation. Such

28  sales may result in a loss to the public. The ability to lease

29  the hospital or other health care facility is often the more

30  desirable option and often leads to more income for the public

31  entity that owns the hospital. Without this exemption, many

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    Florida House of Representatives - 1998             CS/HB 3585

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  1  more hospitals and health care facilities will be unable to

  2  attract private corporations to assume responsibility for the

  3  operations of the public hospitals or other health care

  4  facilities. The privatization of hospitals and other health

  5  care facilities, through lease arrangements, is critical to

  6  the delivery of health care in Florida. This exemption is also

  7  necessary because more then 20 public hospitals have been

  8  leased to private corporations that were not formed by and are

  9  not controlled by the public entity that owns the hospital.

10  Those leases were expressly authorized by s. 155.40, Florida

11  Statutes, or by special acts of the Legislature. Except in

12  those instances in which the lease expressly imposed the

13  public records and public meeting laws on the lessee, both the

14  lessors and the lessees believed that the private corporation

15  would not be subject to the public records laws and public

16  meeting laws of this state. It would be patently unfair to

17  have induced those private corporations to make substantial

18  investments in the publicly-owned hospitals and other health

19  care facilities and to now change the rules and impose the

20  public records and public meeting laws on those private

21  corporations.

22         Section 4.  This act shall take effect upon becoming a

23  law.

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