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Judge Rules Bert Fish Merger Violated Florida Sunshine Law

A circuit court judge has ruled that the Southeast Volusia Hospital District, which owns Bert Fish Medical Center in New Smyrna Beach, Fla., violated the state's sunshine law in its original merger with Florida Hospital in Orlando, according to a Daytona Beach News-Journal report.

Bert Fish merged with Adventist Health's Florida Hospital in July, but the Bert Fish Foundation, which donated the medical center to the Southeast Volusia Hospital District in 1996, filed suit in August alleging that the meetings surrounding the merger violated Florida's Sunshine Law. The Sunshine Law establishes a basic right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies or authorities.


In response to the suit, the hospital board agreed to re-hold the merger meetings and re-hear presentations from other systems, including for-profit Health Management Associates and public Halifax Health, based in Daytona Beach, Fla. However, the board eventually reapproved its original decision to merge with Florida Hospital.

The judge will now determine whether the re-do of the meetings "cured" the violations in a hearing that has yet to be scheduled, according to the report.

If the board is found in violation of the law, it could face sanctions. A board member for the hospital said it had "no inkling" its actions violated state law, according to the report.

Read the Daytona Beach News-Journal report on Bert Fish Medical Center.

Read more coverage on Bert Fish Medical Center:

- Florida's Bert Fish Board Votes Again to Merge With Adventist

-
Florida's Bert Fish Medical Center Gets New Bids After Agreeing to Reaccept Merger Proposals

-
Hospital Foundation Sues to Stop Efforts to Move Forward Bert Fish, Florida Hospital Merger

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