Memorial Hospital-West Volusia, Inc. v. News-Journal Corp

In 1999, the Florida Supreme Court decided Memorial Hospital-West Volusia, Inc. v. News-Journal Corp., 729 So. 2d 373 (Fla. 1999), approving the Fifth District's opinion. It appears the Florida Supreme Court determined that at the time the requests for records and access to meetings were made in that case the private lessee corporation was subject to article I, section (a) and (b) of the Florida Constitution, the constitutional counterparts 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. See id. Only after the legislature provided by general law for the exemption of records, stating with specificity the public necessity for the exemption and providing that the law was no broader than necessary, would an exemption from public records access be available. See id. at 380, 388 n.14.