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2020 Informal Opinions Op. Fla. Att'y Gen. [1] (2020)

handle is hein.sag/sagfl0110 and id is 1 raw text is: Florida Attorney General Advisory Legal Opinion Number: INFORMAL Date: July 20, 2020 Subject: Sunshine Law-Hospital District Board as Lessor Mr. Joseph M. Hanratty General Counsel Marion County Hospital District P.O. Box 2340 LaBelle, Florida 33975-2340 Mr. Hanratty, On behalf of the Marion County Hospital District (District), you have asked substantially the following question: Does section 395.3035(4)(a), Florida Statutes (under which portions of a public hospital governing board meeting addressing confidential strategic plans are exempt from statutory and constitutional open meeting requirements) apply to a meeting of the board of directors of the District at which the corporate assignee of a lease/purchase agreement (Agreement) pertaining to AdventHealth Ocala hospital would present information regarding the assignee's hospital expansion project plans so that the District--which is the lessor, but not the governing board, of AdventHealth Ocala--can ascertain whether such plans are consistent with a capital improvement condition of the Agreement? In sum, because the District has identified itself as the lessor, but not the governing board, of AdventHealth Ocala, and the exemption from s. 286.011 and s. 24(b), Art. I of the State Constitution provided by section 395.3045(4)(a) is confined to meetings of the governing board of a public hospital, that exemption would not apply to the District meeting described. Background Facts In 2008, the Legislature created the Marion County Hospital District, a dependent special district. Under its enabling legislation, the District is authorized to establish, construct, lease, operate, and maintain any hospital or clinic necessary for the preservation of the public health, for the public good, and for the use of the public of the special tax district described in the special act charter.1

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