PRISON HEALTH SERVICES, INC., A DELAWARE CORPORATION, APPELLANT,
v.
THE LAKELAND LEDGER PUBLISHING COMPANY, PUBLISHER OF THE LEDGER AND JEFFREY J. BAIRSTOW, APPELLEES
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A private corporation contracted to provide inmate healthcare services must produce public records under Florida law because it acts on behalf of the public agency, even though it is a private entity.
A private corporation providing inmate healthcare services under contract with a county sheriff must comply with Florida's Public Records Act for all records that would be public if held by the sheriff.
[1] A private corporation acting on behalf of a public agency in performing governmental functions must comply with the Public Records Act for all records that would be publi…
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Join FLexlaw to unlock all legal intelligencePrison Health Services, Inc. contracted with the Sheriff of Polk County to provide comprehensive healthcare services for inmates and detainees in coun…
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FULMER, Judge.
This appeal arises out of the refusal by Prison Health Services, Inc., (“PHS”) to produce records in response to a public records request made by the Lakeland Ledger Publishing Company. The records sought pertained to a settlement agreement reached to resolve litigation resulting from the treatment of an inmate. We affirm the trial court’s order directing PHS to produce the requested public records.
PHS entered into a contract with the Sheriff of Polk County (“Sheriff’) to “provide total health care services for the inmates/detainees (including federal and state prisoners) housed within the county correctional system facilities.” In a detailed order, the trial court determined that PHS undertook to act on behalf of the Sheriff by providing these medical services and, therefore, “all of its records that would normally be subject to the Public Records Act if in the possession of the public agency are likewise covered by that law, even though in the possession of PHS, a private corporation.” See Art. I, § 24, Fla. Const.; § 119.01, Fla. Stat. (1995); Stanfield v. Salvation Army, 695 So. 2d 501 (Fla. 5th DCA 1997); News-Journal Corp. v. Memorial Hosp.-West Volusia, Inc., 695 So. 2d 418 (Fla. 5th DCA), rev. granted, 700 So. 2d 686 (Fla.1997). The trial court further found that, in its contract with the Sheriff, “PHS acknowledged familiarity with the Florida Public Records law and agreed to comply with the same unless such records were specifically exempted.”
Both the record and the law support the trial court’s order. Affirmed.
FRANK, A.C.J., and CASANUEVA, J., concur.
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Dade Aviation Consultants v. Knight Ridder, Inc., 800 So. 2d 302 (Fla. 3d DCA 2001)…blic, is unconvincing. DAC’s only job is the PSA. This case is analogous Memorial Hospital-West Volusia, Putnam County Humane Soc., Inc. v. Woodward, 740 So. 2d 1238 (Fla. 5th DCA 1999), Prison Health Serv., Inc. v. Lakeland Ledger Pub. [*307] Co., 718 So. 2d 204 (Fla. 2d DCA 1998), and Stanfield v. Salvation Army, 695 So. 2d 501 (Fla. 5th DCA 1997), where the private entities provide services otherwise provided by the government. These were not business entities with a broad client base, that happened to pe…
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B & S Utils., Inc. v. Baskerville-Donovan, Inc., 988 So. 2d 17 (Fla. 1st DCA 2008)…BDI acted as the “owner’s representative” in regard to construction of the system improvements that took place in Apalachicola. Documents it generated in that capacity are public records. See Prison Health Servs., Inc. v. Lakeland Ledger Publ’g Co., 718 So. 2d 204, 205 (Fla. 2d DCA 1998) (private provider of medical services to jail inmates generated documents deemed public records); Putnam County Humane Soc’y, Inc. v. Woodward, 740 So. 2d 1238, 1240 (Fla. 5th DCA 1999) (private entity’s animal control on beh…
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Econ. Dev. Comm'n v. Ellis, 178 So. 3d 118 (Fla. 5th DCA 2015)…e used in place of the Schwab totality of factors analysis. Id. at 1239. With regard to its investigative and enforcement functions, the Humane Society was subject to the Act. Id at 1240. In Prison Health Services, Inc. v. Lakeland Ledger Pub. Co., 718 So. 2d 204 (Fla. 2d DCA 1998), a private company “entered into, a contract with the Sheriff of Polk County ... to ‘provide total health care services for the irimates/detainees (including federal and state prisoners) housed within the county correctional syste…
Authorities Cited
- News-Journal Corp. v. Mem'l Hospital-West Volusia, Inc., 695 So. 2d 418 (Fla. 5th DCA 1997)
- Stanfield v. Salvation Army, 695 So. 2d 501 (Fla. 5th DCA 1997)