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The Honorable Bruce H. Colton State Attorney, Nineteenth Judicial Circuit 411 South Second Street Fort Pierce, Florida 34950

Dear Mr. Colton:

You have asked for my opinion on substantially the following question:

Does the trial court's holding that section 395.3036, Florida Statutes, is unconstitutional, in Florida Health Sciences Centers, Inc. v. TribuneCompany,1 which was affirmed without opinion by the Second District Court of Appeal, control outside the Second District?

Initially, I must advise you that this office, like the courts, must presume the validity of a statute until such time as a…