Feud and aftermath
Since 1994, Tarpon Springs has been unhappy with the foundation for trying to surreptitiously partner with Columbia/HCA Healthcare Corporation without consulting the community.[74][75]
In early July 1995, the Tarpon Springs Ministerial Association intervened between the two feuding parties, as neither party was communicating with the other.[76] A three question referendum which was scheduled for July 25 was cancelled.[76] If it would have taken place the voters had a choice to sell Helen Ellis Memorial Hospital to the foundation, sell it to a non-profit hospital network or to have the city file a legal action against the foundation.[76]
In late October 1995, the Tarpon Springs Hospital Foundation sued the city, in response to a letter from the city attorney instructing the foundation to pay the city $12,000 within 30 days to cover the city's legal fees against the Health Facilities Authority (as paying these fees was a part of the lease agreement between the city and the foundation), or face eviction from the Helen Ellis Memorial Hospital.[77][78] The lawsuit filed by the foundation also asked the court to mediate on disputed parts of the lease, and to prevent future intervention by the city until the scheduled expiration of the lease agreement in 2021.[6][78] Tarpon Springs subsequently counter-sued the Tarpon Springs Hospital Foundation, seeking to gain further leverage over the hospital by cancelling the current lease agreement.[6][75][79] The foundation also sued the Health Facilities Authority when it intervened to try forcing the hospital to pay these fees,[19] and the Health Facilities Authority also counter-sued the foundation in return.[79] The city and the Health Facilities Authority asked to have the lawsuits dismissed, but the sixth circuit court Judge Crocket Farnell rejected their request.[78]
In late October 1996, Judge Crocket Farnell ruled in favour of the foundation, denying the city's request for the Tarpon Springs Hospital Foundation to pay the disputed $12,000 fee [80]
In October 1997, the city asked the Florida Attorney General for their opinion on the ongoing feud. He agreed with the city's request for the hospital's records and meetings to be made open to the public.[81][82] The St. Petersburg Times subsequently tried to obtain the hospital's records,[83] however, the foundation responded by suing the Florida Attorney General and the St. Petersburg Times.[81][83]
By early February 1998, the attorney fees for the three parties were: Tarpon Springs Hospital Foundation $1,256,000; Health Facilities Authority $100,000 and Tarpon Springs $428,081.[12] Also in early February, the city and the hospital foundation had a meeting over a document that the foundation had given to the city in early December. In it the foundation had three requests that it should be permitted to continue operating Helen Ellis Memorial Hospital in secret, that it wanted the lease to be extended for another sixteen years and that they wanted the city to ask the state attorney general to change his opinion. Also Helen Ellis Memorial Hospital wanted land east of the building.[83]
In early June 1998, Judge Crocket Farnell ruled against the foundation, ordering it to obey the Florida Public Records Law and the Florida Sunshine Law. He also ordered the foundation to pay the Health Facilities Authority's attorney fees, which had increased to $200,000. He also ruled that the foundation had to pay the $28 million bonds that it owed to the Health Facilities Authority. The judge also supported the city's original demand for the foundation to pay the city within 30 days, or face eviction. The city government and the Health Facilities Authority both praised the judge's decision.[84]
In early June 1998, the Tarpon Springs Hospital Foundation appealed the ruling, stating that the judge overlooked a new state law on "public hospitals". Both the city and the Health Facilities Authority responded by filing motions claiming that Helen Ellis Memorial Hospital is not a public hospital, and that the ruling should be upheld.[79] The state law in question only passed two days before the verdict was announced, so the judge was unaware of it.[79][85] In early September 1998, the judge heard the appeals from the involved parties,[85] and, by the end of the month, he reversed his prior decision, due to the new law, ruling in favour of the hospital foundation. The city and the hospital both accepted this verdict, and the feud ended; at a total cost of $4 million in attorney fees.[86]
In early May 1999, a Leon County, Florida judge denied the St. Petersburg Times request to see Helen Ellis Memorial Hospital's records.[82]