The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 408
HEALTH CARE ADMINISTRATION

View Entire Chapter

F.S. 408.045

408.045 Certificate of need; competitive sealed proposals.—

(1) The application, review, and issuance procedures for a certificate of need for an intermediate care facility for the developmentally disabled may be made by the agency by competitive sealed proposals.

(2) The agency shall make a decision regarding the issuance of the certificate of need in accordance with the provisions of s. 287.057(17), rules adopted by the agency relating to intermediate care facilities for the developmentally disabled, and the criteria in s. 408.035, as further defined by rule.

(3) Notification of the decision shall be issued to all applicants not later than 28 calendar days after the date responses to a request for proposal are due.

(4) The procedures provided for under this section are exempt from the batching cycle requirements and the public hearing requirement of s. 408.039.

(5) The agency may use the competitive sealed proposal procedure for determining a certificate of need for other types of health care facilities and services if the agency identifies an unmet health care need and when funding in whole or in part for such health care facilities or services is authorized by the Legislature.

History.—s. 3, ch. 83-244; s. 42, ch. 85-81; s. 32, ch. 87-92; s. 3, ch. 89-308; s. 30, ch. 90-268; ss. 15, 18, ch. 92-33; s. 16, ch. 95-144; s. 13, ch. 2000-256; s. 14, ch. 2000-318; s. 67, ch. 2002-1; s. 37, ch. 2002-207; s. 33, ch. 2010-151; s. 14, ch. 2021-225.

Note.—Former s. 381.4961; s. 381.715.

F.S. 408.045 on Google Scholar

F.S. 408.045 on Casetext

Amendments to 408.045

Arrestable Offenses / Crimes under Fla. Stat. 408.045

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 408.045.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ORLANDO HEALTH CENTRAL, INC. v. AGENCY FOR HEALTH CARE ADMINISTRATION, d b a LLC,, 252 So. 3d 849 (Fla. App. Ct. 2018)

. . . 30, 1997, shall remain in effect and shall be enforceable by the agency with respect to ss. 408.031-408.045 . . . , shall be abated as a result of the provisions of ss 408.031-408.043(1) and (2); s. 408.044; or s. 408.045 . . . 2004 1997 , shall remain in effect and shall be enforceable by the agency with respect to ss. 408.031-408.045 . . . , shall be abated as a result of the provisions of ss 408.031-408.043(1) and (2); s. 408.044; or s. 408.045 . . .

BIG BEND HOSPICE, INC. v. AGENCY FOR HEALTH CARE ADMINISTRATION, 904 So. 2d 610 (Fla. Dist. Ct. App. 2005)

. . . of the agency, unless the decision is arbitrary, capricious, or not in compliance with ss. 408.031-408.045 . . .

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

. . . The Health Facility and Services Development Act (§§ 408.031-408.045, Fla. . . .

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

. . . . §§ 408.031-408.045, which requires a Certificate of Need (C.O.N.) from the State of Florida in order . . .