MEMORIAL HOSPITAL-WEST VOLUSIA, INC., APPELLANT,
v.
NEWS-JOURNAL CORPORATION, ETC., APPELLEE
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This case involves an appeal concerning the retroactive application of a statute that could exempt a hospital from disclosing certain records and meeting information. The appellate court certified the issue to the supreme court due to its public importance and prior conflicting statements.
The court certified the question of whether the statute should be applied retroactively to the supreme court. The judgment of the lower court was affirmed.
[1] A statute may be given retroactive application if the legislature intended it to apply retroactively and the issue is one of great public importance.
[2] Legislative intent for retroactive application of a statute may be inferred when the law specifically seeks to correct a situation deemed to create uncertainty or disince…
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Join FLexlaw to unlock all legal intelligence“Because we are of the opinion that the legislature intended the statute to apply retroactively and because the issue is one of great public importance, we certify the issue to our supreme court for resolution.”
Explains the court's decision to certify the issue to the supreme court.
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Join FLexlaw to unlock all legal intelligenceAppellant, Memorial Hospital-West Volusia, Inc., was ordered to produce documents to appellee, News-Journal Corporation. The dispute centers on whethe…
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DAUKSCH, J.
This is an appeal from an order requiring production of documents by appellant to appellee. At issue is the application to be given to a statute, viz: should section 395.3036, Florida Statutes, be given retroactive application so as to exempt appellant from having to reveal to appellee records it keeps and to reveal to appellee information about meetings it has held.
Because we are of the opinion that the legislature intended the statute to apply retroactively and because the issue is one of great public importance, we certify the issue to our supreme court for resolution. We are aware that the supreme court said in Memorial Hospital-West Volusia, Inc. v. News-Journal Corp., 729 So. 2d 373, 384 (Fla.1999), that “we reject the contention that the amended statute shall apply retroactively.” Because this was said by the court after having declined to decide the constitutionality of the statute and because the issue was not squarely before the court, it is only fair for the parties to be allowed to proceed in the supreme court to address the issue. Also, by declining to rule on the issue of constitutionality of the statute but saying it should not be applied retroactively, there may be some concern by the lower courts how to proceed in the case now pending to determine the constitutionality of the statute. It is at least arguable that the legislature intended the legislation to be remedial and thus retroactive when the law enacting the statute specifically sought to correct a situation it deemed “to create uncertainty” and “to create a disincentive for private corporations to enter into ... lease agreements in the future.” Ch. 98-330, § 2, at 2847, Laws of Florida. Thus, the legislature was correcting a situation “created” by this court in News-Journal Corp. v. Memorial Hospital-West Volusia, Inc., 695 So. 2d 418 (Fla. 5th DCA 1997).
Therefore, we certify to our supreme court the following question to be of great public importance.
SHOULD SECTION 395.3036 BE APPLIED RETROACTIVELY?
The judgment is affirmed.
AFFIRMED; QUESTION CERTIFIED.
ANTOON, C.J., and THOMPSON, J., concur.
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Citator
Cited By
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Mem'l Hospital-West Volusia, Inc. v. News-Journal Corp., 784 So. 2d 438 (Fla. 2001)…] PER CURIAM. We have for review a decision certifying the following question to be of great public importance: SHOULD SECTION 395.3036 [FLORIDA STATUTES (SUPP.1998)] BE APPLIED RETROACTIVELY? Mem’l Hosp.-West Volusia, Inc. v. News-Journal Corp., 747 So. 2d 473 (Fla. 5th DCA 1999). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons stated herein, we answer the certified question in the negative and approve the decision of the district court. This case stems from an earlier decision of th…
Authorities Cited
- Mem'l Hospital-West Volusia, Inc. v. News-Journal Corp., 729 So. 2d 373 (Fla. 1999)
- News-Journal Corp. v. Mem'l Hospital-West Volusia, Inc., 695 So. 2d 418 (Fla. 5th DCA 1997)