Senate Bill 0748

    Florida Senate - 1998                                   SB 748

    By Senator Williams





    4-693-98

  1                      A bill to be entitled

  2         An act relating to private corporations;

  3         amending s. 155.40, F.S.; providing that a

  4         private corporation that leases a public

  5         hospital or public health care facility is not

  6         a person acting on behalf of such entity and

  7         subject to the open records and meetings law

  8         under certain circumstances; providing a

  9         finding of public purpose; providing future

10         repeal; providing an effective date.

11

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

13

14         Section 1.  Subsection (6) is added to section 155.40,

15  Florida Statutes, to read:

16         155.40  Sale or lease of county, district, or municipal

17  hospital.--

18         (6)(a)  A private corporation that leases a public

19  hospital or other public health care facility is not a "person

20  acting on behalf of" the public hospital or other public

21  health care facility as that term is used in Sections 24(a)

22  and (b) of Article I of the State Constitution, unless:

23         1.  The public hospital or other public health care

24  facility was the incorporator of the private company, and

25         2.  A majority of the members of the governing board of

26  the private corporation are also members of the governing

27  board of the public entity that owns the public hospital or

28  the other public health care facility.

29         (b)  The exemption provided in this subsection expires

30  July 1, 2003, and must be reviewed by the Legislature in

31  accordance with s. 119.15 before that date.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 748
    4-693-98




  1         Section 2.  The Legislature finds that it is in the

  2  public interest to provide affordable quality medical services

  3  to the public. The Legislature also finds that private

  4  corporations that lease a public hospital or other public

  5  health care facility provide an essential service that allows

  6  such institutions to function in a financially sound

  7  environment and to continue to provide medical services to the

  8  public. The Legislature finds that records and information

  9  relating to a private corporation's business affairs, as well

10  as conversations at meetings of the corporation, might damage

11  the corporation and put it at a disadvantage with its

12  competitors. Making such information and meetings public could

13  substantially affect the corporation's solvency. The

14  Legislature reaffirms its action in enacting section 155.40,

15  Florida Statutes, to treat private corporations that lease a

16  public hospital or public health care facility differently

17  from other corporations or other public institutions.

18         Section 3.  This act shall take effect July 1, 1998.

19

20            *****************************************

21                          SENATE SUMMARY

22    Provides that a private corporation that leases a public
      hospital or other public health care facility is not a
23    person acting on behalf of such institution for purposes
      of the public records and meetings law unless such public
24    institution was the incorporator of the private
      corporation and a majority of the members of the
25    governing board of the private corporation are also
      members of the governing board of the public entity that
26    owns the public hospital or the other public health care
      facility. Provides a finding of public purpose. Provides
27    for future repeal.

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