Venice HMA, LLC v. Sarasota CountyAnnotate this Case
The indigent care provision of the special law applicable only to Sarasota County does not constitute an unconstitutional privilege because it applies equally to all hospitals in Sarasota County, whether public or private.
Certain private hospitals sought a declaration establishing their right to reimbursement from Sarasota County for providing indigent care under the indigent care provision of the special law. The County asserted that such reimbursement would provide an unconstitutional privilege to private corporations in violation of Fla. Const. art. III, section 11(a)(12). The trial court entered summary judgment for the County. The Second District Court of Appeal affirmed, concluding that the indigent care provision constitutes an unconstitutional privilege because it provides for reimbursement to the public and private hospitals only in Sarasota County rather than in the entire state. The Supreme Court reversed, holding that the indigent care provision of the special law does not grant a privilege to a private corporation within the plain meaning of article III, section 11(a)(12) because it applies to all hospitals in Sarasota County.