The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 408
HEALTH CARE ADMINISTRATION

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F.S. 408.037

408.037 Application content.—

(1) An application for a certificate of need must contain:

(a) A detailed description of the proposed project and statement of its purpose and need in relation to the district health plan.

(b) A statement of the financial resources needed by and available to the applicant to accomplish the proposed project. This statement must include:

1. A complete listing of all capital projects, including new health facility development projects and health facility acquisitions applied for, pending, approved, or underway in any state at the time of application, regardless of whether or not that state has a certificate-of-need program or a capital expenditure review program pursuant to s. 1122 of the Social Security Act. The agency may, by rule, require less-detailed information from major health care providers. This listing must include the applicant’s actual or proposed financial commitment to those projects and an assessment of their impact on the applicant’s ability to provide the proposed project.

2. A detailed listing of the needed capital expenditures, including sources of funds.

3. A detailed financial projection, including a statement of the projected revenue and expenses for the first 2 years of operation after completion of the proposed project. This statement must include a detailed evaluation of the impact of the proposed project on the cost of other services provided by the applicant.

(c) An audited financial statement of the applicant or the applicant’s parent corporation if audited financial statements of the applicant do not exist. In an application submitted by an existing health care facility, health maintenance organization, or hospice, financial condition documentation must include, but need not be limited to, a balance sheet and a profit-and-loss statement of the 2 previous fiscal years’ operation.

(2) The applicant must certify that it will license and operate the health care facility. For an existing health care facility, the applicant must be the licenseholder of the facility.

History.—s. 24, ch. 87-92; s. 15, ch. 92-33; s. 4, ch. 97-270; s. 8, ch. 2000-256; s. 9, ch. 2000-318; s. 2, ch. 2008-29; s. 42, ch. 2012-160; s. 16, ch. 2019-136.

Note.—Former s. 381.707.

F.S. 408.037 on Google Scholar

F.S. 408.037 on Casetext

Amendments to 408.037

Arrestable Offenses / Crimes under Fla. Stat. 408.037

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 408.037.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . Section 408.037(2), Florida Statutes (1993), provides that an application for a CON shall contain a statement . . . Rule 59C-1.008(h) provided: to comply with section 408.037(2)(a), F.S., requiring a listing of all capital . . . application met all statutory and rule criteria except the capital project listing requirement of section 408.037 . . .

ARBOR HEALTH CARE COMPANY, v. STATE AGENCY FOR HEALTH CARE ADMINISTRATION d b a, 654 So. 2d 1020 (Fla. Dist. Ct. App. 1995)

. . . determined by the agency to be “capital projects” and therefore subject to disclosure pursuant to section 408.037 . . . contending that Arbor had failed to comply with the minimum application content requirements of section 408.037 . . . Section 408.037(2)(a) requires that a CON application disclose all “capital projects” which are “applied . . . agency’s own rule narrowly defining “capital project,” we would accept its interpretation of section 408.037 . . .