Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 1190
                        Barcode 281758
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 1/AD/2R          .                    
       04/28/2006 03:13 PM         .                    
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11  Senator Atwater moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 4, line 11, through
15            page 5, line 12, delete those lines
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17  and insert:  documents, the transaction involving the sale or
18  lease of a hospital shall not be construed as:
19         (a)  A transfer of a governmental function from the
20  county, district, or municipality to the private purchaser or
21  lessee;
22         (b)  Constituting a financial interest of the public
23  lessor in the private lessee; or
24         (c)  Making a private lessee an integral part of the
25  public lessor's decisionmaking process.
26         (7)  The lessee of a hospital, under pursuant to this
27  section or any special act of the Legislature, operating under
28  a lease shall not be construed to be "acting on behalf of" the
29  lessor as that term is used in statute, unless the lease
30  document expressly provides to the contrary.
31         (8)(a)  If whenever the sale of a public hospital by a
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    2:38 PM   04/27/06                             s1190c1c-25-by1

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1190 Barcode 281758 1 public agency to a private corporation or other private entity 2 pursuant to this section or pursuant to a special act of the 3 Legislature reflects that: 4 1. The private corporation or other private entity 5 purchaser acquires 100 percent ownership in the hospital 6 enterprise; 7 2. The private corporation or other private entity 8 purchases the physical plant of the hospital facility and has 9 complete responsibility for the operation and maintenance of 10 the facility, regardless of ownership of the underlying real 11 property; 12 3. The public agency seller retains no control over 13 decisionmaking or policymaking for the hospital; 14 4. The private corporation or other private entity 15 purchaser receives no funding from the public agency seller 16 other than by contract for services rendered to patients for 17 whom the public agency seller has the responsibility to pay 18 for hospital or medical care; 19 5. The public agency seller makes no substantial 20 investment in or loans to the private entity; 21 6. The private corporation or other private entity 22 purchaser was not created by the public entity seller; and 23 7. The private corporation or other private entity 24 purchaser operates primarily for its own financial interests 25 and not primarily for the interests of the public agency, 26 27 such a sale shall be considered a complete sale of the public 28 agency's interest in the hospital. 29 (b) A complete sale of a hospital as described in this 30 subsection shall not be construed as: 31 1. A transfer of a governmental function from the 2 2:38 PM 04/27/06 s1190c1c-25-by1
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1190 Barcode 281758 1 county, district, or municipality to the private corporation 2 or other private entity purchaser; 3 2. Constituting a financial interest of the public 4 agency in the private corporation or other private entity 5 purchaser; 6 3. Making the private corporation or other private 7 entity purchaser an "agency" as that term is used in statutes; 8 4. Making the private corporation or other private 9 entity purchaser an integral part of the public agency's 10 decisionmaking process; or 11 5. Indicating that the private corporation or other 12 private entity purchaser is "acting on behalf of a public 13 agency" as that term is used in statute. 14 15 16 ================ T I T L E A M E N D M E N T =============== 17 And the title is amended as follows: 18 On page 1, lines 6-11, delete those lines 19 20 and insert: 21 private purchaser; providing conditions that 22 must be met in order for a sale to be 23 considered a complete sale; providing an 24 effective date. 25 26 27 28 29 30 31 3 2:38 PM 04/27/06 s1190c1c-25-by1