HB 0675

CS

CHAMBER ACTION

1	The Health Care Regulation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act relating to public records and public meetings;
8	amending s. 155.40, F.S.; clarifying construction with
9	respect to actions of a lessee or purchaser of a county,
10	district, or municipal hospital; providing an exemption
11	from public records requirements for the records of a
12	private corporation that purchases or leases a public
13	hospital; providing for retroactive effect of the
14	exemption; providing an exemption from public meetings
15	requirements for that portion of a meeting of the
16	governing board of a private corporation that leases or
17	purchases a public hospital at which confidential and
18	exempt information is presented or discussed; providing an
19	exemption from public records requirements for any records
20	generated during a meeting of the governing board of the
21	private corporation that leases or purchases a public
22	hospital which are closed to the public; providing for
23	retroactive effect of the exemption; providing for future
24	review and repeal; providing a finding of public
25	necessity; clarifying operation of the act; providing an
26	effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Subsection (7) of section 155.40, Florida
31	Statutes, is amended, and subsection (8) is added to that
32	section, to read:
33	155.40  Sale or lease of county, district, or municipal
34	hospital; confidentiality of records; exemption from public
35	meetings requirements.--
36	(7)  The lessee or purchaser of a hospital, pursuant to
37	this section or any special act of the Legislature, operating
38	under a lease shall not be construed to be "acting on behalf of"
39	the lessor or seller as that term is used in statute, unless the
40	lease or purchase document expressly provides to the contrary.
41	(8)(a)  The records of a private corporation that leases or
42	purchases a public hospital pursuant to this section are
43	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
44	of the State Constitution. This paragraph applies to records
45	held by a private corporation that leases or purchases a public
46	hospital pursuant to this section before, on, or after the
47	effective date of this exemption.
48	(b)  That portion of a meeting of the governing board of a
49	private corporation that leases or purchases a public hospital
50	pursuant to this section at which information is presented or
51	discussed that is confidential and exempt under paragraph (a) is
52	closed to the public and exempt from s. 286.011 and s. 24(b),
53	Art. I of the State Constitution.
54	(c)  Any records generated during a meeting of the
55	governing board of the private corporation that leases or
56	purchases a public hospital pursuant to this section that are
57	closed to the public under paragraph (b), such as minutes, tape
58	recordings, videotapes, transcriptions, or notes, are
59	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
60	of the State Constitution. This paragraph applies to records
61	generated during a meeting of the governing board of a private
62	corporation that leases or purchases a public hospital pursuant
63	to this section before, on, or after the effective date of this
64	exemption.
65	(d)  This subsection is subject to the Open Government
66	Sunset Review Act in accordance with s. 119.15 and shall stand
67	repealed on October 2, 2011, unless reviewed and saved from
68	repeal through reenactment by the Legislature.
69	Section 2.  The Legislature finds that it is a public
70	necessity that the records of a private corporation that
71	purchases a public hospital pursuant to s. 155.40, Florida
72	Statutes, be made confidential and exempt from public records
73	requirements. It is the further finding of the Legislature that
74	that portion of a meeting of the governing board of a private
75	corporation that leases or purchases a public hospital pursuant
76	to s. 155.40, Florida Statutes, at which confidential and exempt
77	information is presented or discussed be closed to the public
78	and exempt from public meetings requirements. It is the further
79	finding of the Legislature that any records generated during a
80	meeting of the governing board of the private corporation that
81	leases or purchases a public hospital pursuant to s. 155.40,
82	Florida Statutes, that are closed to the public be made
83	confidential and exempt from public records requirements. The
84	Legislature has always intended that private entities that
85	purchase public hospitals are not subject to the public records
86	and public meetings laws of the state because the private
87	entities do not act on behalf of the public entities from whom
88	they purchase a public hospital. Some recent court decisions,
89	however, have found that private entities that purchase public
90	hospitals are subject to public records and public meetings laws
91	and have failed to recognize that the public entity does not
92	retain any control over the private entity or the formerly
93	public hospital following the sale of a public hospital to a
94	private entity. Therefore, the Legislature finds that it is a
95	public necessity to confirm its intent that private entities
96	that purchase formerly public hospitals are not subject to the
97	public records laws or public meetings laws of the state. With
98	respect to lessees of public hospitals, such lessees also do not
99	act on behalf of the public entity except as provided in this
100	section and are not subject to the public records or public
101	meetings laws of the state. To find otherwise would place
102	private entities that purchase or lease public hospitals at a
103	competitive disadvantage compared to other private entities that
104	own or lease private hospitals that were not formerly public
105	hospitals and would serve as a disincentive to private entities
106	considering the purchase or lease of a public hospital. Public
107	entities choose to sell or lease their public hospitals to
108	private corporations when the public entity is no longer able to
109	operate the hospital in a fiscally responsible manner and where
110	taxpayers would otherwise be required to finance the operations
111	of the hospital beyond indigent care. If the public records laws
112	and public meetings laws apply to private corporations that
113	purchase or lease public hospitals, public entities may find it
114	difficult, if not impossible, to find a private corporation that
115	is willing to purchase or lease a public hospital. This could
116	force the public entity to close the hospital, which would
117	result in a reduction in health care services to the public, or
118	continue operating the hospital using public tax dollars to
119	subsidize recurring losses. Neither of these options is in the
120	best interest of the public. The Legislature, therefore, finds
121	that it is a public necessity to confirm that the state's public
122	records laws and public meetings laws do not apply to private
123	corporations that lease public hospitals where the lessee does
124	not act on behalf of the public entity. The Legislature further
125	finds that any private corporation that purchases a public
126	hospital, regardless of whether the corporation had previously
127	leased that public hospital, does not act on behalf of the
128	public entity.
129	Section 3.  This act does not operate to change existing
130	law relating to discovery of records and information that are
131	otherwise discoverable under the Florida Rules of Civil
132	Procedure or any statutory provision allowing discovery or
133	presuit disclosure of such records and information for the
134	purpose of civil actions.
135	Section 4.  This act shall take effect upon becoming a law.

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