Supreme Court of Florida

On mandatory review in a declaratory judgment action, judgment that the St. Lucie Hospital Governance Law (HGL) violated the Florida Constitution is affirmed where: 1) the constitution prohibited special laws granting rights, benefits, and advantages to a corporation, and the term "privilege" was not limited to economic benefit or favoritism; 2) the HGL granted to plaintiff-hospital almost absolute power in running the affairs of the hospital, without meaningful regard for the existing medical staff bylaws, and this constituted a "privilege" under the meaning of the constitutional provision; and 3) the unconstitutional provisions of the law were not severable.

Appellate Information

• Decided 08/28/2008
• Published 08/28/2008

Judges

• PARIENTE, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Stephen J. Bronis of Zuckerman, Spaeder, LLP, Miami, FL, and Charles W. Hall, William A. Kebler, and Mark D. Tinker of Fowler, White, Boggs and Banker, P.A., St. Petersburg, FL, for Appellant., Harold R. Mardenborough, Jr., of Carr, Allison, Tallahassee, Florida on behalf of American Medical Association and Florida Medical Association, and Glenn J. Webber, Stuart, Florida on behalf of The Association of American Physicians and Surgeons, as Amici Curiae.


• For Appellees:
  
• Major B. Harding of Ausley and McMullen, Tallahassee, FL, and Richard H. Levenstein of Kramer, Sewell, Sopko and Levenstein, Stuart, FL, for Appellee.