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Seeger, 990 So. 2d 503, 510 (Fla. 2008), it is unrealistic in this case to assume that a lay person would understand the term "health care provider" or "health care facility" by searching the Florida Statutes to determine where the phrase "patient's rights and responsibilities" was used. The ambiguous nature of the phrases "health care provider" and "health care facility" is also evidenced by the Fifth District's opinion in Florida Hospital Waterman, Inc. v. Buster, 932 So. 2d 344 (Fla. 5th DCA 2006), approved in part and quashed in part, 984 So. 2d 478 (Fla. 2008), which assumed that the "privileges" eliminated by Amendment 7 included those involving nursing homes. See id. at 352 n.6. Finally, although not dispositive, the Financial Impact Statement that was prepared, as required by the constitution, to advise on the costs associated with the amendment also assumed that the amendment extended to nursing homes by stating that the Agency for Health Care Administration (AHCA) "estimates that four staff and $400,000 for additional record requests associated with adverse incidents and assisted living facilities" would be required.




My bottom line is that it is difficult to conclude, as the majority has, that the phrases "health care provider" and "health care facility" are subject to only one "plain" interpretation. Nevertheless, I do conclude that the result reached by the majority is required in this case based on the principles of statutory construction that I have enunciated.







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QUINCE, C.J., and ANSTEAD, J., concur.


Application for Review of the Decision of the District Court of Appeal - Certified Great Public Importance




Fourth District - Case No. 4D07-949




(Palm Beach County)


Jane Kreusler-Walsh and Rebecca Mercier Vargas of Kreusler-Walsh, Compiani and Vargas, P.A., West Palm Beach, Florida, and Jeffrey M. Fenster and Stacie L.


Cohen of Fenster, Cohen and Sobol, P.A., Sunrise, Florida, for Petitioner


Thomas A. Valdez of Quintairos, Prieto, Wood, and Boyer, P.A., Tampa, Florida, for Respondent


Karen L. Goldsmith and Jonathan S. Grout of Goldsmith, Grout and Lewis, P.A., Winter Park, Florida, on behalf of Florida Health Care Association; and Philip M.

Burlington of Burlington and Rockenbach, P.A., West Palm Beach, Florida, on behalf of Florida Justice Association, as Amici Curiae
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