Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 408.035 | Lawyer Caselaw & Research
F.S. 408.035 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 408.035

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 408
HEALTH CARE ADMINISTRATION
View Entire Chapter
F.S. 408.035
408.035 Review criteria.The agency shall determine the reviewability of applications and shall review applications for certificate-of-need determinations for health care facilities in context with the following criteria:
(1) The need for the health care facilities being proposed.
(2) The availability, quality of care, accessibility, and extent of utilization of existing health care facilities in the service district of the applicant.
(3) The ability of the applicant to provide quality of care and the applicant’s record of providing quality of care.
(4) The availability of resources, including health personnel, management personnel, and funds for capital and operating expenditures, for project accomplishment and operation.
(5) The extent to which the proposed services will enhance access to health care for residents of the service district.
(6) The immediate and long-term financial feasibility of the proposal.
(7) The extent to which the proposal will foster competition that promotes quality and cost-effectiveness.
(8) The costs and methods of the proposed construction, including the costs and methods of energy provision and the availability of alternative, less costly, or more effective methods of construction.
(9) The applicant’s past and proposed provision of health care services to Medicaid patients and the medically indigent.
(10) The applicant’s designation as a Gold Seal Program nursing facility pursuant to s. 400.235, when the applicant is requesting additional nursing home beds at that facility.
History.s. 22, ch. 87-92; s. 20, ch. 88-294; s. 15, ch. 92-33; ss. 37, 50, ch. 93-217; s. 30, ch. 95-210; s. 36, ch. 97-103; s. 39, ch. 97-264; s. 2, ch. 97-270; s. 20, ch. 99-394; s. 6, ch. 2000-256; s. 7, ch. 2000-318; s. 5, ch. 2004-383; s. 1, ch. 2008-29; ss. 11, 12, ch. 2019-136.
Note.Former s. 381.705.

F.S. 408.035 on Google Scholar

F.S. 408.035 on Casetext

Amendments to 408.035


Arrestable Offenses / Crimes under Fla. Stat. 408.035
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 408.035.



Annotations, Discussions, Cases:

Cases from cite.case.law:

COMPASSIONATE CARE HOSPICE OF GULF COAST, INC. v. STATE, 247 So. 3d 99 (Fla. App. Ct. 2018)

. . . by the formula in paragraph (4)(a) of this rule, unless other criteria in this rule and in Sections 408.035 . . .

DELRAY MEDICAL CENTER, INC. d b a v. STATE AGENCY FOR HEALTH CARE ADMINISTRATION, d b a d b a JFK d b a JFK, 5 So. 3d 26 (Fla. Dist. Ct. App. 2009)

. . . acute care beds must be made based upon a balanced consideration of the statutory criteria in section 408.035 . . .

BETHESDA HEALTHCARE SYSTEM, INC. v. AGENCY FOR HEALTH CARE ADMINISTRATION, JFK L. P., 945 So. 2d 574 (Fla. Dist. Ct. App. 2006)

. . . . § 408.035, Fla. . . . was still bound- by the current statutory criteria calling for an evaluation of “need” under section 408.035 . . . (1). § 408.035(1), Fla. . . . encompass the same factors: availability, quality of care, accessibility and use of existing facilities. § 408.035 . . .

In W. MILLER, B. W. B. v. Ag, 341 B.R. 764 (Bankr. E.D. Mo. 2006)

. . . . § 408.035(3) (2004). However, a default interest provision must comport with Mo. Code Regs. . . . interest provisions to debt- or company’s business profitability in a contract was consistent with Section 408.035 . . .

MARTIN MEMORIAL MEDICAL CENTER, INC. v. TENET HEALTHSYSTEM HOSPITALS, INC. d b a, 875 So. 2d 797 (Fla. Dist. Ct. App. 2004)

. . . based on numerous statutory and rule criteria, including (but not limited to) those set out in section 408.035 . . .

LAWNWOOD MEDICAL CENTER, INC. d b a d b a AMI v. AGENCY FOR HEALTH CARE ADMINISTRATION, 678 So. 2d 421 (Fla. Dist. Ct. App. 1996)

. . . 1995, in which she set forth a detailed comparison of the applicants based upon a review of section 408.035 . . . The hearing officer next reviewed each of the criteria for comparison established by section 408.035( . . . Reviewing section 408.035(l)(i), the hearing officer found that the existing open heart program at PBG . . . The hearing officer also ranked Lawnwood over Martin on the criteria in section 408.035(l)(n) which addresses . . . These considerations are relevant under the criteria of section 408.035(l)(c), (h) and (i), Florida Statutes . . .

AGENCY FOR HEALTH CARE ADMINISTRATION, v. UNIVERSITY HOSPITAL, LTD., 670 So. 2d 1037 (Fla. Dist. Ct. App. 1996)

. . . Cited as law implemented by the proposed rules were sections 395.001, 395.003, 395.004, 395.1005, 408.035 . . .

LIFE CARE CENTERS OF AMERICA, INC. v. STATE AGENCY FOR HEALTH CARE ADMINISTRATION,, 656 So. 2d 1329 (Fla. Dist. Ct. App. 1995)

. . . requirement of section 408.037(2)(a), and the financial feasibility determination required by section 408.035 . . .

FEDERAL TRADE COMMISSION, v. HOSPITAL BOARD OF DIRECTORS OF LEE COUNTY, d b a, 38 F.3d 1184 (11th Cir. 1994)

. . . Id. at § 408.035. . . .