CopyCited 32 times | Published | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 52, 27 Media L. Rep. (BNA) 1353, 1999 Fla. LEXIS 48, 1999 WL 20562
...public records) and (b) (access to meetings of public agencies) [1] to a private nonprofit corporation's operation of hospital facilities transferred to it by the West Volusia Hospital Authority (Authority), a hospital taxing authority, pursuant to section 155.40, *376 Florida Statutes (1993)....
...However, according to the Attorney General, special taxing districts were required to obtain the legislature's permission to lease their hospital facilities. Op. Att'y Gen. Fla. 80-18 (1980). Following the 1980 opinion of the Attorney General, the 1982 Legislature enacted section 155.40, Florida Statutes (1983), which by general law authorized independent special taxing districts to enter into leases and operating agreements for existing hospital facilities with not-for-profit Florida corporations. [7] In 1994, the board of the West Volusia Hospital Authority decided to enter into a lease and operating agreement (Agreement) as authorized by section 155.40, Florida Statutes (1993)....
...Therefore, in performing pursuant to the Agreement transferring the authorized function, West Volusia, Inc. was "acting on behalf of" the Authority. West Volusia, Inc. argues that requiring it to provide public records access would frustrate the legislative purpose of section 155.40, Florida Statutes (1993). However, we note that section 155.40 contains no express exemption from public records access....
...chapter 98-330, sections 1-4, Laws of Florida, codified at section
395.3036, Florida Statutes (Supp.1998), which became effective May 30, 1998. [17] By express provision, *384 this Act was made applicable to existing leases entered into pursuant to section
155.40, Florida Statutes....
...Otherwise, nonprofit hospitals might not be able to remain open to the citizens of their respective communities or to provide indigent care in those communities. Accordingly, in 1982, the legislature provided nonprofit hospitals with the authority to enter into leases with other not-for-profit corporations by enacting section 155.40, which provided, in part: In order that citizens and residents of the state may receive quality health care, any county, district, or municipal hospital organized and existing under the laws of this state, acting by and through its gov...
...Florida corporations for the purpose of operating and managing such hospital and any or all of its facilities of whatsoever kind and nature; to enter into leases with a nonprofit Florida corporation for the operating of such facilities so existing. § 155.40(1), Fla....
...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 facil...
...of the limitations contained in the State Constitution. For years, the Legislature has approved and encouraged these leases, first through special acts that it has adopted authorizing the lease agreements and, more recently, through the adoption of section 155.40, Florida Statutes, which provides for the conversion of public hospital facilities to private operation by lease, as a means to provide public entities with the necessary flexibility to use these public assets in a manner that best serves the interests of the public....
...ted purpose of the law." Consistent with that provision, this statute was written to comply with the specificity requirement and states with sufficient specificity the reasons for the exemption. It reflects the need for the leasing scheme created in section
155.40 and explains in its intent language, in support of section
395.3036, a clear and justifiable basis for the exemption....
...collegial public body of a county, municipality, school district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public.... [2] Section 155.40, Florida Statutes (1993), provides in relevant part: (1) In order that citizens and residents of the state may receive quality health care, any county, district, or municipal hospital organized and existing under the laws of this state...
...r to not-for-profit Florida corporations and to enter into leases or other contracts with for-profit or not-for-profit Florida corporations for the purpose of operating and managing such hospitals. Ch. 96-304, § 1 at 1377, Laws of Fla. (codified at § 155.40, Fla....
...m the requirements of subsection (a) ... provided that such law shall state with specificity the public necessity justifying the exemption and shall be no broader than necessary to accomplish the stated purpose of the law. [15] The 1996 amendment to section 155.40, Florida Statutes, authorizes special taxing districts to sell their hospitals for "fair market value." § 155.40(4)(b), Fla....
...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 facil...
CopyCited 22 times | Published | Florida 5th District Court of Appeal | 25 Media L. Rep. (BNA) 1987, 1997 Fla. App. LEXIS 5397, 1997 WL 253029
...supreme court had in mind in listing this factor. Certainly, the Authority played a role in Lessee's formation because it required its formation in order to transact this venture. In considering whether to lease, the Authority chose to proceed under Section 155.40, Florida Statutes, which required the formation of a not-for-profit corporation....
...See Wood v. Marston,
442 So.2d 934 (Fla.1983). REVERSED and REMANDED for further action consistent with this opinion. W. SHARP, HARRIS and GRIFFIN, JJ., concur. NOTES [1] Section 5, chapter 57-2085, Laws of Florida (1957). [2] Lessee urges that since section
155.40 was designed to foster competition, it implicitly permits agreements that are designed to avoid public record and public meeting requirements....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1995 WL 390127
...al), a public hospital located in Pahokee, Florida. Everglades Hospital was previously operated by the Northwestern Palm Beach County Hospital Board, a public hospital taxing district (Northwestern District). In 1982, the Florida legislature enacted section 155.40, Florida Statutes, authorizing public hospital taxing districts throughout the state to reorganize as not-for-profit Florida corporations. This statute also allowed the hospitals to enter into contracts and/or leases with other not-for-profit corporations for the purpose of operating hospital facilities. In 1986, the Northwestern District, acting pursuant to section 155.40, "reorganized" the Everglades Hospital....
...ital districts. These hospital districts were then converted into subdistricts. The legislature, in chapter 87-450, which created the Palm Beach County Health Care District, also recognized the authority of the subdistricts to reorganize pursuant to section 155.40, Florida Statutes, and specifically provided that the Palm Beach District's interests were subject to any agreements and obligations approved and entered into by the pre-existing district....
...The district thereafter filed a counterclaim seeking declaratory relief. The trial court, in granting, in part, both parties' motions for summary judgment, determined that the reorganization, the lease, and the financial support agreement were valid as authorized by section 155.40 except for the option to purchase provision contained in the lease....
...With respect to the option to purchase provision, the court held that its invalidity did not render the balance of the lease unenforceable because under the terms of the lease, it was severable and the invalidity of one provision did not affect the invalidity of the balance. Section 155.40, Florida Statutes, provides, in relevant part: Reorganization of county, district, or municipal hospital as a not-for-profit corporation....
...he dissolution of such not-for-profit corporation; * * * * * * (3) The articles of incorporation of such not-for-profit corporation may provide for the abolishment of the existing governing board of the hospital and the establishment of a new board. § 155.40, Fla....
...t corporation goes beyond that authorized by the statute. See Jess Parrish Memorial Hosp., Inc. v. City of Titusville,
506 So.2d 22 (Fla. 5th DCA 1987). In Jess Parrish, a transfer of a hospital to a not-for-profit corporation under the authority of section
155.40 was held void as exceeding the authority granted under the section, as that statute did not authorize the divestment of title to land by the district....
...We do note, however, that in Jess Parrish, although the deed was rescinded and title transferred back to the district, the court did not hold the balance of the reorganization void. Palm Beach District asserts that the lease and financial support agreement go beyond the authorization of section 155.40 because this reorganization was effectively, although not in name, a dissolution of the sub-district itself....
...on under the statutory scheme. The lease and agreement fail to reserve sufficient control in the public authority. See O'Neill v. Burns,
198 So.2d 1 (Fla. 1967). The lease and financial support agreement constitute an unconstitutional application of section
155.40 by placing the hospital effectively beyond public control....
...by not-for-profit corporations, and authorizes leases and agreements for the operation of a hospital, it does not authorize the delegating of district powers and duties, and, the extent of divestment of public power to the extent provided here. See § 155.40, Fla. Stat. (1993). Although section 155.40 provides that a district may reorganize a hospital entity for the purpose of operating and managing the hospital, it does not authorize relinquishing to an independent private board effective unfettered control over public property, po...
CopyCited 3 times | Published | District Court, M.D. Florida | 1989 U.S. Dist. LEXIS 17036, 1989 WL 206594
...nd regulations concerning the hospitals and medical nursing and convalescent homes in Citrus County. The second statute cited by plaintiff as evidence that the Florida Legislature did not contemplate anticompetitive actions by the Board is Fla.Stat. § 155.40....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 32 Media L. Rep. (BNA) 1939, 2004 Fla. App. LEXIS 2673, 2004 WL 393189
...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: ......
...of the limitations contained in the State Constitution. For years, the Legislature has approved and encouraged these leases, first through special acts that it has adopted authorizing the lease agreements and, more recently, through the adoption of section 155.40, Florida Statutes, which provides for the conversion of public hospital facilities to private operation by lease, as a means to provide public entities with the necessary flexibility to use these public assets in a manner that best serves the interests of the public....
...305,
19 So.2d 876, 882 (1944)); Medina v. Gulf Coast Linen Servs.,
825 So.2d 1018, 1020 (Fla. 1st DCA 2002)(same). Because section
395.3036 provides an exemption from the Public Records Act and Sunshine Law, we affirm the trial court's judgment in favor of appellee. III. Section
155.40 Exemption In pertinent part, section
155.40 states: (6) Unless otherwise expressly stated in the lease documents, the transaction involving the sale or lease of a hospital shall not be construed as: (a) A transfer of a governmental function from the county, district, or municipa...
...(7) The lessee of a hospital, pursuant to this section or any special act of the Legislature, operating under a lease shall not be construed to be "acting on behalf of" the lessor as that term is used in statute, unless the lease document expressly provides to the contrary. Section 155.40(6)-(7), Florida Statutes (2002)....
...Accordingly, the requirements for exemptions under article I, § 24(c) of the Florida Constitution must be complied with. In contrast to the enactment of section
395.3036, there are no legislative findings regarding the public necessity for the exemption in section
155.40....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 735965
...The legislature found the maintenance of such hospitals was a "public purpose" and was "necessary for the preservation of the public health and for the public use and for the welfare of said district and inhabitants thereof." Id.; see also Memorial I,
729 So.2d at 377. In 1982, the legislature enacted section
155.40, Florida Statutes (1983), which authorized independent special taxing districts such as the Authority to enter into leases and operating agreements for existing hospital facilities with not-for-profit Florida corporations....
...82-383, § 1, Laws of Fla. Pursuant to these provisions, the Authority gives approximately 75 percent of its tax revenue to at least one other hospital and several clinics and other health care facilities in the district. Furthermore, both the enabling act and section 155.40(4)(b), Florida Statutes, authorize the Authority to sell a hospital....
...Inc., not by, or at the behest of, the Authority. Accordingly, the Authority had no role in the creation of Memorial other than agreeing to the sale of the hospital and consenting to amendment of Memorial's articles of incorporation, as required by section 155.40(2)(a), Florida Statutes....
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
private corporation and the public agency.4 Section
155.40, Florida Statutes, provides in part that any
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
day-to-day operations."12 I would note that section
155.40, Florida Statutes, authorizing the sale or
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
property. In 1984, the district, pursuant to section
155.40, Florida Statutes, leased all of the facilities
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
lease agreement pursuant to the provisions of section
155.40, Florida Statutes (1996 Supplement), under
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
the following question: Are the provisions of section
155.40, Florida Statutes, applicable to the West Volusia
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 697, 2014 Fla. LEXIS 3322, 2014 WL 5856370
...Const.
I. BACKGROUND
In 1949, the Florida Legislature created the Citrus County Hospital Board,
an independent special district charged with operating a public hospital in Citrus
County, Florida. In 1990, the Hospital Board utilized section 155.40, Florida
Statutes, which was enacted in 1982 and authorizes county hospital districts to
lease their hospitals to specified Florida business entities so that public hospitals
may more effectively compete with private hospitals....
...Section 16 of the charter includes fifteen subsections that, for the first
time, specifically address the Hospital Board’s relationship with the Foundation (or
any future lessee) and that are “in addition to the requirements for any [] lease set
forth in section 155.40.” Ch....
...1985) (applying the contract clause
to a corporation).
Although Florida law is clear that corporations, like individuals, are entitled
to protection under the contract clause, this Court has not addressed whether the
contract clause protects a corporation that has contracted with a hospital district
under section 155.40, Florida Statutes, to operate and manage a public hospital....
...Instead, the Foundation
was incorporated as a not-for-profit corporation under chapter 617, Florida
Statutes, just as any other Florida not-for-profit corporation would be, for the
specific purpose of taking control of the public hospital—by contract—as
authorized by section 155.40....
...“was used by the
[Hospital] Board for the express purpose of avoiding statutory and constitutional
limitations which would pertain to the [Hospital] Board as a public entity.” Citrus
Mem’l,
108 So. 3d at 677. Given that the very purpose of section
155.40 is to
contractually transfer control of public hospitals to entities like the Foundation, we
refuse to apply O’Malley in a way that would effectively render the contracts used
to accomplish this purpose meaningless....
...2011-256, §§ 3(16)(2), (5), (6), at 59, Laws of
Fla.
- 11 -
accountability and financial responsibility measures that are mentioned nowhere in
the parties’ agreements and that are “in addition to the requirements for any []
lease set forth in section 155.40.”6 Ch....
...In
other words, as the First District cogently stated, the special law “is a rewrite of the
parties’ contractual agreements and the imposition of further obligations on the
Foundation, while permitting the [Hospital] Board’s privatization of hospital
management functions as [authorized by section
155.40].” Citrus Mem’l,
108 So.
3d at 678.
In light of this impairment, we hold that section 16 of the Hospital Board’s
charter as enacted in section 3 of the special law is unconstitutional as applied to
the Foundation’s contracts....
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
...lease, operate, and maintain any hospital or clinic necessary for the use of the people of Williston. Any such hospital or clinic is for the public good and for the use of the people of the city and is specifically found to have a public purpose. 4 Section 155.40 (1), F.S., in pertinent part, provides: In order that citizens and residents of the state may receive quality health care, any county, district, or municipal hospital organized and existing under the laws of this state, acting by and t...
...oration. In AGO 84-87, this office considered whether a hospital district was authorized to lease district facilities to a private corporation for purposes of operating, managing, and maintaining the hospital facilities. Based upon the provisions in s. 155.40 , F.S., 5 it was concluded that "[w]ith respect to the authority of the district board to lease district facilities to a private for profit corporation, the rule expressio unius est exclusio alterius compels the conclusion that these statutory provisions do not authorize the board to enter into a lease with a private for profit corporation . . . ." 6 Likewise in AGO 85-31, this office concluded that a county hospital which had reorganized as a not-for-profit hospital pursuant to s. 155.40 , F.S., was not authorized to enter into a management agreement with, or lease the hospital to, a for-profit corporation or to sell the personal property of the hospital to such for-profit corporation....
...corporation and enter into contracts with a not-for-profit Florida corporation for the purpose of operating and managing the hospital or to enter into a lease with a not-for-profit Florida corporation for the operation of such facilities pursuant to s. 155.40 , F.S....
...1 Section 11.01, Art. XI, Ch. 78-624, Laws of Florida. 2 Sections
11.03 and 11.05, Art. XI, Ch. 78-624, Laws of Florida. 3 Section 11.05, Art. XI, Ch. 78-624, Laws of Florida. 4 Section 11.06, Art. XI, Ch. 78-624, Laws of Florida. 5 In addition to s.
155.40 (1), F.S., s.
155.40 (2), F.S., provides: Any such lease, contract, or agreement made pursuant hereto shall: (a) Provide that the articles of incorporation of such not-for-profit corporation be subject to the approval of the board of directors or board of trust...
...8 Cf ., Jess Parrish Memorial Hospital, Inc. v. City of Titusville,
506 So.2d 22 (5 D.C.A. Fla., 1987), in which the court held that the divestment of title to the district's land by the hospital district to the not-for-profit corporation was a voidable act, in that s.
155.40 , F.S., does not permit the divestment of the title to the land by the district.
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
...3 The statute provides: "The records of a private corporation that leases a public hospital . . are confidential and exempt from the provisions of s.
119.07 (1) and s. 24(a), 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 ....
...1st DCA 1983), pet. for rev. den.,
436 So.2d 101 (Fla. 1983); Terry v. State,
467 So.2d 761 (Fla. 4th DCA 1985). pet. for rev. den.,
476 So.2d 675 (Fla. 1985). 16 To qualify for the exemption in section
395.3036 , Florida Statutes, the public lessor must comply with section
155.40 (5), Fla....
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
leased to Shands at Lake Shore, Inc. (Shands). Section
155.40(1), Florida Statutes, permits the Authority
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 907, 2000 WL 121794
...In the early 1980s, the Florida Legislature authorized public hospital taxing districts to reorganize as nonprofit corporations or enter into contracts with nonprofit corporations for the purpose of operating hospital facilities. See Ch. 82-147 §§ 8-4 (codified as amended at § 155.40, Fla....
...a Legislature. The District contends its lease violates public policy, but it is actually in furtherance of public policy. Viewing the history of the legislation in this area in context elucidates this point. In 1982, the Florida Legislature enacted section
155.40, which authorized the leasing of public hospitals to nonprofit entities to allow them to compete with for-profit hospitals while providing citizens with quality health care. See Ch. 82-147 §§ 3-4, Laws of Fla. (codified as later amended at §
155.40, Fla. Stat. (1999)); Memorial Hosp.-W. Volusia, Inc. v. News-Journal Corp.,
729 So.2d 373, 385 (Fla.1999)(Overton, J., dissenting). While allowing public hospital districts to lease their facilities, section
155.40(2) required the hospital districts to retain some control over the managing corporation. To that end, section
155.40(2) required the lease to provide that the managing corporation’s articles of incorporation be subject to the hospital district’s approval; to require that the managing corporation maintain section 501(c)(3) tax-exempt status; to pr...
...the orderly transition of the hospital facilities to the managing corporation; and to provide for the return of the hospital facilities to the hospital district at the end of the lease. See Ch. 82-147 § 4, Laws of Fla. (codified as later amended at §
155.40(2)(a)-(d), Fla. Stat. (1999)). In 1984, section
155.40(2) was amended to require that the lease also provide for the continued treatment of indigent patients. See Ch. 84-98 § 1, Laws of Fla. (codified as later amended at §
155.40(2)(e), Fla. Stat. (1999)). Section
155.40 was first criticized for its lack of public accountability and oversight in Jess Parrish Memorial Hospital, Inc. v. City of Titusville,
506 So.2d 22 (Fla. 5th DCA 1987)(hereinafter “Jess Parrish”). See Fla. S. Comm. on Health Care, CS for SB 2392 (1996) Staff Analysis 4 (Apr. 2, 1996). Although not at issue in that case, the trial court declared section
155.40 unconstitutional, finding it “unlawfully delegates legislative powers to a District Board without sufficient guidelines, it is void for vagueness, it allows the transfer of public property contrary to public policy and referendum, and it allows the use of public assets in violation of Article VII Section 10, Florida Constitution.” Jess *236 Parrish,
506 So.2d at 24 . The Fifth District declined to rule on the constitutionality of section
155.40, affirming the trial court’s order on other grounds. See id. In 1995, section
155.40 again came under fire in Palm Beach County Health Care District v....
...district has no ultimate influence.” Id. at 580 . Noting that the hospital district was “powerless to respond to the public interest” and was “a mere funding mechanism” for the managing corporation, this Court found that the lease violated section 155.40 and thus invalidated the lease. Id. After the. Everglades Memorial decision, many public hospitals that had previously entered into leases under section 155.40 became concerned that their lease or reorganization agreement was invalid....
...Burns,
198 So.2d 1 (Fla.1967), cited in Everglades Memorial,
658 So.2d at 580 . How much control Everglades Memorial required was uncertain. To respond to these concerns — or, more specifically, to respond to the Jess Parrish and Everglades Memorial opinions — the Florida Legislature amended section
155.40. First, the legislature amended section
155.40 to provide for the sale of publicly owned hospitals as well as for the lease of hospital facilities....
...appropriations, or in the alternative, if there is a contract for services longer than twelve months, the hospital district must be able to modify the contract upon twelve months notice to the hospital. See Ch. 96-304 § 1, Laws of Fla. (codified at § 155.40(5)(a)-(b), Fla....
...Fla. H.R. Comm, on Health Care, CS for HB 965 (1996) Staff Analysis 1 (May 17, 1996). Legislative history specifically states that subsection (5) “shall not be interpreted to impose additional requirements beyond the requirements created under subsection 155.40(2).” See Fla....
...it or not-for-profit Florida corporation, the composition of the board of directors of any Florida corporation, or *237 the manner in which control of the hospital is transferred to the Florida corporation. Ch. 96-304 § 2, Laws of Fla. (codified at § 155.40(3), Fla. Stat. (1999)). Thus, subsection (3) was intended to allay the fears of parties to existing management agreements that if their agreement complied with section 155.40(2) prior to the addition of subsection (5), then the lease agreement would remain valid....
...ts to. the Sunshine Law and the Public Records Act. See id. at 384 . The supreme court rejected the argument that requiring the private lessee corporation to provide public records access and meeting access would frustrate the legislature purpose of section 155.40. See id. at 380 . The supreme court noted that section 155.40 did not contain an express exemption from public records' access and that it would not imply an exemption....
...the law was no broader than necessary, would an exemption from public records access be available. See id. at 380 , 388 n. 14. In response to the Florida Supreme Court’s decision in Memorial Hospital-West Volusia , the Florida Legislature amended section 155.40, to specifically- provide that unless otherwise expressly stated in the ■ lease documents, the • transaction *238 involving the lease of a hospital shall not be construed as a transfer of a government function to the private lessee...
...public hospital district having a financial interest in the private lessee corporation, or as making the private lessee corporation an integral part of the hospital district’s decision-making process. See Ch. 99-356 § 6, Laws of Fla. (codified at § 155.40(6), Fla. Stat. (1999)). The legislature also amended section 155.40 to provide that any private lessee corporation operating under a lease for the management of a hospital district shall not be construed as “acting on behalf of’ the hospital district. See Ch. 99-356 § 6, Laws of Fla. (codified at § 155.40(7), Fla....
...is required to operate a full-service hospital providing a level and variety of major services at least equal to those being offered at the time of the lease, or obtain permission from the District to discontinue such a service. Given these controls, the lease in this case complies with section 155.40 and Everglades Memorial....
CopyAgo (Fla. Att'y Gen. 2006).
Published | Florida Attorney General Reports
reorganized its operations under the provisions of section
155.40, Florida Statutes, and formed the not-for-profit
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
hospital authority within the requirements of section
155.40(2), Florida Statutes.? 2. Do the provisions
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 983, 1987 Fla. App. LEXIS 7632
...In 1953 the legislature created a North Brevard County Hospital District and gave it authority to own and operate a hospital and to tax persons within its district. Chapter 28924, Laws of Florida (1953). Later the legislature gave district hospitals the authority to reorganize and act as nonprofit corporations. § 155.40, Fla.Stat....
...de”, presumably more efficient, assistance in the running of the business of a hospital. Jess Parrish Memorial Hospital, Inc., appellant, was formed as a Florida not-for-profit corporation by the directors of the hospital district pursuant to this section 155.40....
...hospital district and paid for by the taxpayers of the district. The trial judge agreed with appel-lees and declared the conveyance by deed of the property of the district hospital to the corporation to be unlawful; not within the authority given by section 155.40. The judge also ruled section 155.40 unconstitutional....
...The substance of his judgment says: 1. That the Asset Transfer Agreement, Deed and Bill of Sale dated October 31, 1984 between Defendants, NORTH BRE-VARD COUNTY HOSPITAL DISTRICT and JESS PARRISH MEMORIAL HOSPITAL, INC. exceed the authority authorized by Chapter 155.40 Florida Statutes (1984) and are hereby declared void ab initio. 2. That the Asset Transfer Agreement dated October 31, 1984 between NORTH BREVARD COUNTY HOSPITAL DISTRICT and JESS PARRISH MEMORIAL HOSPITAL, INC. did not comply with Chapter 155.40 Florida Statutes (1984) and is hereby declared void ab initio. 3. That the Asset Transfer Agreement, Deed and Bill of Sale are void because NORTH BREVARD COUNTY HOSPITAL DISTRICT, Special Act does not authorize said transfer and the Defendant’s Special Act prevails over Chapter 155.40 Florida Statutes (1984)....
...Judgment. ****** THIS COURT HAS BASED ITS RULING ON NONCONSTITUTIONAL GROUNDS. HOWEVER, TO THE EXTENT THAT AN APPELLATE COURT MIGHT REVERSE THIS COURT’S OTHER RULINGS CONTAINED IN THIS JUDGMENT, THIS COURT FURTHER ORDERS AND ADJUDGES: That Chapter 155.40 Florida Statutes as applied to this transaction is hereby declared unconstitutional because it unlawfully delegates legislative powers to a District Board without sufficient guidelines, it is void for vagueness, it allows the transfer of publi...
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
activities through wholly-owned subsidiaries. Section
155.40, F.S. (1984 Supp.), in pertinent part, provides:
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
reorganized its operations under the provisions of section
155.40, Florida Statutes, and formed the Bert Fish
