Florida Statutes
Fla. Stat. § 400.602 (2025)
Licensure required; prohibited acts; exemptions; display, transferability of license.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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400.602 Licensure required; prohibited acts; exemptions; display, transferability of license.—
(1)(a) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to this part and part II of chapter 408 and to entities licensed by or applying for such licensure from the agency pursuant to this part. A license issued by the agency is required in order to operate a hospice in this state. Any person or legal entity that is not licensed as a hospice under this part may not use the word “hospice” in its name, or offer or advertise hospice services or hospice-like services in such a way as to mislead a person to believe that the offeror is a hospice licensed under this part.
(b) It is unlawful for any person or legal entity offering, describing, or advertising hospice services or hospice-like services or otherwise holding itself out as a hospice to do so without stating the year of initial licensure as a hospice in the state or the year of initial licensure of the hospice entity or affiliate based in the state that owns the hospice. At a minimum, the year of initial licensure must be stated directly beneath the name of the licensed entity in a type no less than 25 percent of the size of the type used for the name or other indication of hospice services or hospice-like services and must be prominently stated at least one time on any document, item, or other medium offering, describing, or advertising hospice services or hospice-like services. This requirement excludes any materials relating to the care and treatment of an existing hospice patient.
(2) Services provided by a hospital, nursing home, or other health care facility, health care provider, or caregiver, or under the Community Care for the Elderly Act, do not constitute a hospice unless the facility, provider, or caregiver establishes a separate and distinct administrative program to provide home, residential, and homelike inpatient hospice services.
(3)(a) A separately licensed hospice may not use a name which is substantially the same as the name of another hospice licensed under this part.
(b) A licensed hospice which intends to change its name or address must notify the agency at least 60 days before making the change.
History.—s. 3, ch. 79-186; s. 2, ch. 80-64; s. 2, ch. 81-271; s. 2, ch. 81-318; ss. 66, 79, 83, ch. 83-181; s. 10, ch. 89-527; ss. 3, 14, ch. 93-179; s. 58, ch. 95-418; s. 11, ch. 97-270; s. 2, ch. 2006-155; s. 84, ch. 2007-230.
Notes of Decisions
Cited in 3
cases, 1997–2007 · leading case: Hospice of Palm Beach Cnty. v. State, 876 So. 2d 4 (Fla. 1st DCA 2004).
Hospice of Palm Beach Cnty. v. State, 876 So. 2d 4 (Fla. 1st DCA 2004). “See § 400.602(1)(a), Fla. Stat. (2002). Such a license is not "subject to sale, assignment, or transfer .”
Avante Villa at Jacksonville v. Breidert, 958 So. 2d 1031 (Fla. 1st DCA 2007). “Because this is a question of great public importance, we certify the following question to the Florida Supreme Court: WHETHER "NURSING HOMES" OR "SKILLED NURSING FACILITIES" FALL WITHIN THE DEFINITION OF "HEALTH CARE FACILITY" OR "HEALTH CARE PROVIDER" AS CONTEMPLATED BY…”
MHS v. Halifax Hospice, 689 So. 2d 373 (Fla. 1st DCA 1997). “" § 400.602(1)(a), Fla. Stat. (1995). In its review of MHS's application for a license to provide hospice services in Volusia County, AHCA concluded that MHS was a rural hospital within the meaning of section 395.”
— 400.602(1)(a) — 2 cases
Hospice of Palm Beach Cnty. v. State, 876 So. 2d 4 (Fla. 1st DCA 2004). “See § 400.602(1)(a), Fla. Stat. (2002). Such a license is not "subject to sale, assignment, or transfer .”
MHS v. Halifax Hospice, 689 So. 2d 373 (Fla. 1st DCA 1997). “" § 400.602(1)(a), Fla. Stat. (1995). In its review of MHS's application for a license to provide hospice services in Volusia County, AHCA concluded that MHS was a rural hospital within the meaning of section 395.”
— 400.602(2) — 1 case
Avante Villa at Jacksonville v. Breidert, 958 So. 2d 1031 (Fla. 1st DCA 2007). “Because this is a question of great public importance, we certify the following question to the Florida Supreme Court: WHETHER "NURSING HOMES" OR "SKILLED NURSING FACILITIES" FALL WITHIN THE DEFINITION OF "HEALTH CARE FACILITY" OR "HEALTH CARE PROVIDER" AS CONTEMPLATED BY…”
— 400.602(4) — 1 case
Hospice of Palm Beach Cnty. v. State, 876 So. 2d 4 (Fla. 1st DCA 2004). “See § 400.602(1)(a), Fla. Stat. (2002). Such a license is not "subject to sale, assignment, or transfer .”
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