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Private Vendor Must Comply With Florida's Public Records Act
Florida's Second District Court of Appeal has affirmed an order of a Polk
County Circuit Court that held Prison Health Services (PHS) must comply
with Florida's Public Records Act.
The Lakeland Ledger Publishing Company sought records pertaining to a
settlement agreement reached to resolve litigation resulting from the
treatment of a prisoner. The Circuit Court ordered PHS to produce those
records.
In so holding, the Court held the PHS contracted to act on behalf of the
Sheriff by providing medical services and all 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.
The Circuit Court's order was affirmed. See: Prison Health Services v. The
Lakeland Ledger Publishing Company, 718 So.2d 204 (Fla. 2nd Dist. 1998).
County Circuit Court that held Prison Health Services (PHS) must comply
with Florida's Public Records Act.
The Lakeland Ledger Publishing Company sought records pertaining to a
settlement agreement reached to resolve litigation resulting from the
treatment of a prisoner. The Circuit Court ordered PHS to produce those
records.
In so holding, the Court held the PHS contracted to act on behalf of the
Sheriff by providing medical services and all 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.
The Circuit Court's order was affirmed. See: Prison Health Services v. The
Lakeland Ledger Publishing Company, 718 So.2d 204 (Fla. 2nd Dist. 1998).
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Related legal case
Prison Health Services v. The Lakeland Ledger Publ
| Year | 1998 |
|---|---|
| Cite | 718 So.2d 204 (Fla. 2nd Dist. 1998) |
| Level | State Court of Appeals |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
Prison Health Services Inc. v. Lakeland Ledger Publishing Co., 718 So.2d 204 (Fla.App. Dist.2 07/22/1998)
[1] Florida Court of Appeals
[2] CASE NO. 97-05034
[3] 718 So.2d 204, 1998.FL
[4] July 22, 1998
[5] PRISON HEALTH SERVICES, INC., A DELAWARE CORPORATION, APPELLANT,
v.
THE LAKELAND LEDGER PUBLISHING COMPANY, PUBLISHER OF THE LEDGER AND JEFFREY J. BAIRSTOW, APPELLEES.
[6] Carri S. Leininger of Williams & Leininger, P.a., West Palm Beach, for Appellant. David S. Bralow, Stacy D. Blank, and Susan Tillotson Mills of Holland & Knight, Llp, Tampa, for Appellees.
[7] The opinion of the court was delivered by: Fulmer, Judge
[8] NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
[9] Appeal from the Circuit Court for Polk County; Charles A. Davis, Jr., Judge.
[10] 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.
[11] 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); Stansfield 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."
[12] Both the record and the law support the trial court's order. Affirmed.
[13] FRANK, A.C.J., and CASANUEVA, J., Concur.
[1] Florida Court of Appeals
[2] CASE NO. 97-05034
[3] 718 So.2d 204, 1998.FL
[4] July 22, 1998
[5] PRISON HEALTH SERVICES, INC., A DELAWARE CORPORATION, APPELLANT,
v.
THE LAKELAND LEDGER PUBLISHING COMPANY, PUBLISHER OF THE LEDGER AND JEFFREY J. BAIRSTOW, APPELLEES.
[6] Carri S. Leininger of Williams & Leininger, P.a., West Palm Beach, for Appellant. David S. Bralow, Stacy D. Blank, and Susan Tillotson Mills of Holland & Knight, Llp, Tampa, for Appellees.
[7] The opinion of the court was delivered by: Fulmer, Judge
[8] NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
[9] Appeal from the Circuit Court for Polk County; Charles A. Davis, Jr., Judge.
[10] 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.
[11] 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); Stansfield 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."
[12] Both the record and the law support the trial court's order. Affirmed.
[13] FRANK, A.C.J., and CASANUEVA, J., Concur.