Florida Statutes
Fla. Stat. § 408.032 (2025)
Definitions relating to Health Facility and Services Development Act.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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408.032 Definitions relating to Health Facility and Services Development Act.—As used in ss. 408.031-408.045, the term:
(1) “Agency” means the Agency for Health Care Administration.
(2) “Capital expenditure” means an expenditure, including an expenditure for a construction project undertaken by a health care facility as its own contractor, which, under generally accepted accounting principles, is not properly chargeable as an expense of operation and maintenance, which is made to change the bed capacity of the facility, or substantially change the services or service area of the health care facility, health service provider, or hospice, and which includes the cost of the studies, surveys, designs, plans, working drawings, specifications, initial financing costs, and other activities essential to acquisition, improvement, expansion, or replacement of the plant and equipment.
(3) “Certificate of need” means a written statement issued by the agency evidencing community need for a new, converted, expanded, or otherwise significantly modified health care facility or hospice.
(4) “Commenced construction” means initiation of and continuous activities beyond site preparation associated with erecting or modifying a health care facility, including procurement of a building permit applying the use of agency-approved construction documents, proof of an executed owner/contractor agreement or an irrevocable or binding forced account, and actual undertaking of foundation forming with steel installation and concrete placing.
(5) “District” means a health service planning district composed of the following counties:
District 1.—Escambia, Santa Rosa, Okaloosa, and Walton Counties.
District 2.—Holmes, Washington, Bay, Jackson, Franklin, Gulf, Gadsden, Liberty, Calhoun, Leon, Wakulla, Jefferson, Madison, and Taylor Counties.
District 3.—Hamilton, Suwannee, Lafayette, Dixie, Columbia, Gilchrist, Levy, Union, Bradford, Putnam, Alachua, Marion, Citrus, Hernando, Sumter, and Lake Counties.
District 4.—Baker, Nassau, Duval, Clay, St. Johns, Flagler, and Volusia Counties.
District 5.—Pasco and Pinellas Counties.
District 6.—Hillsborough, Manatee, Polk, Hardee, and Highlands Counties.
District 7.—Seminole, Orange, Osceola, and Brevard Counties.
District 8.—Sarasota, DeSoto, Charlotte, Lee, Glades, Hendry, and Collier Counties.
District 9.—Indian River, Okeechobee, St. Lucie, Martin, and Palm Beach Counties.
District 10.—Broward County.
District 11.—Miami-Dade and Monroe Counties.
(6) “Exemption” means the process by which a proposal that would otherwise require a certificate of need may proceed without a certificate of need.
(7) “Expedited review” means the process by which certain types of applications are not subject to the review cycle requirements contained in s. 408.039(1), and the letter of intent requirements contained in s. 408.039(2).
(8) “Health care facility” means a skilled nursing facility, hospice, or intermediate care facility for the developmentally disabled. A facility relying solely on spiritual means through prayer for healing is not included as a health care facility.
(9) “Hospice” or “hospice program” means a hospice as defined in part IV of chapter 400.
(10) “Intermediate care facility for the developmentally disabled” means a residential facility licensed under part VIII of chapter 400.
(11) “Nursing home geographically underserved area” means:
(a) A county in which there is no existing or approved nursing home;
(b) An area with a radius of at least 20 miles in which there is no existing or approved nursing home; or
(c) An area with a radius of at least 20 miles in which all existing nursing homes have maintained at least a 95 percent occupancy rate for the most recent 6 months or a 90 percent occupancy rate for the most recent 12 months.
(12) “Skilled nursing facility” means an institution, or a distinct part of an institution, which is primarily engaged in providing, to inpatients, skilled nursing care and related services for patients who require medical or nursing care, or rehabilitation services for the rehabilitation of injured, disabled, or sick persons.
History.—s. 19, ch. 87-92; s. 19, ch. 88-294; s. 2, ch. 89-308; s. 7, ch. 89-354; s. 21, ch. 91-158; s. 54, ch. 91-221; s. 1, ch. 91-282; ss. 15, 16, ch. 92-33; s. 10, ch. 92-58; s. 22, ch. 93-214; s. 8, ch. 95-144; s. 28, ch. 95-210; s. 2, ch. 95-394; s. 1, ch. 97-270; s. 3, ch. 2000-256; s. 4, ch. 2000-318; s. 2, ch. 2004-383; s. 74, ch. 2006-197; s. 111, ch. 2008-4; s. 13, ch. 2013-162; ss. 6, 7, ch. 2019-136.
Note.—Former s. 381.702.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1995–2025 · leading case: Florida Birth-Related Neurological Injury Comp. Ass'n v. Dep't of Admin. Hearings, 29 So. 3d 992 (Fla. 2010).
Florida Birth-Related Neurological Injury Comp. Ass'n v. Dep't of Admin. Hearings, 29 So. 3d 992 (Fla. 2010). “See §§ 408.032(7), 440.13(l)(h), Fla. Stat. (1997).”
Cleveland Clinic v. Agency for Hlth. Care, 679 So. 2d 1237 (Fla. 1st DCA 1996). “Under section 408.032(1), Florida Statutes, the term "capital expenditure" is defined to include the "replacement" of the plant and equipment of a health care facility.”
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…”
Pub. Health Trust of Miami-Dade Cnty. v. State, 751 So. 2d 112 (Fla. 3d DCA 2000). “Here, the term “district” is specifically defined in section 408.032 as: (5) “District” means a health service planning district composed of the following counties: [[Image here]] District 10.”
Tandem Healthcare, Inc. v. Benjamin, 969 So. 2d 519 (Fla. 4th DCA 2007). “045, Florida *522 Statutes: section 408.032(8) ("`Health care facility' means a .”
Albertson's, Inc. v. Florida Dep't of Prof'l Reg., 658 So. 2d 134 (Fla. 1st DCA 1995). “See generally §§ 408.032-408.40, Fla.Stat. (1993). A pivotal component of the state’s health care delivery system was the establishment of “community health purchasing alliances” (CHPA’s) as a group purchasing mechanism designed to insure access to high quality, affordable…”
ORLANDO HEALTH Cent., Inc. v. Agency For Health Care Admin., 252 So. 3d 849 (Fla. 5th DCA 2018). “” § 408.032(3), Fla. Stat. (2017). The Agency for Health Care Administration is responsible for issuing or denying Certificates, and has adopted rules to implement the program.”
Hope Hospice & Cmty. Servs., Inc. v. Agency for Health Care Admin.; Vitas Healthcare Corp. of Florida, Inc. (Fla. 1st DCA 2025). “; § 408.032(3), Fla. Stat.; see also § 408.”
Gulf Coast Health Care, Inc. v. Agency for Health Care Admin., 679 So. 2d 338 (Fla. 2d DCA 1996). “We are here concerned with the terms “replacement” as used in section 408.032(1), Florida Statutes, and “at such facility,” as used in 408.”
— 408.032(1) — 2 cases
Cleveland Clinic v. Agency for Hlth. Care, 679 So. 2d 1237 (Fla. 1st DCA 1996). “Under section 408.032(1), Florida Statutes, the term "capital expenditure" is defined to include the "replacement" of the plant and equipment of a health care facility.”
Gulf Coast Health Care, Inc. v. Agency for Health Care Admin., 679 So. 2d 338 (Fla. 2d DCA 1996). “We are here concerned with the terms “replacement” as used in section 408.032(1), Florida Statutes, and “at such facility,” as used in 408.”
— 408.032(3) — 2 cases
ORLANDO HEALTH Cent., Inc. v. Agency For Health Care Admin., 252 So. 3d 849 (Fla. 5th DCA 2018). “” § 408.032(3), Fla. Stat. (2017). The Agency for Health Care Administration is responsible for issuing or denying Certificates, and has adopted rules to implement the program.”
Hope Hospice & Cmty. Servs., Inc. v. Agency for Health Care Admin.; Vitas Healthcare Corp. of Florida, Inc. (Fla. 1st DCA 2025). “; § 408.032(3), Fla. Stat.; see also § 408.”
— 408.032(5) — 2 cases
Pub. Health Trust of Miami-Dade Cnty. v. State, 751 So. 2d 112 (Fla. 3d DCA 2000). “Here, the term “district” is specifically defined in section 408.032 as: (5) “District” means a health service planning district composed of the following counties: [[Image here]] District 10.”
Albertson's, Inc. v. Florida Dep't of Prof'l Reg., 658 So. 2d 134 (Fla. 1st DCA 1995). “See generally §§ 408.032-408.40, Fla.Stat. (1993). A pivotal component of the state’s health care delivery system was the establishment of “community health purchasing alliances” (CHPA’s) as a group purchasing mechanism designed to insure access to high quality, affordable…”
— 408.032(7) — 1 case
Florida Birth-Related Neurological Injury Comp. Ass'n v. Dep't of Admin. Hearings, 29 So. 3d 992 (Fla. 2010). “See §§ 408.032(7), 440.13(l)(h), Fla. Stat. (1997).”
— 408.032(8) — 2 cases
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…”
Tandem Healthcare, Inc. v. Benjamin, 969 So. 2d 519 (Fla. 4th DCA 2007). “045, Florida *522 Statutes: section 408.032(8) ("`Health care facility' means a .”
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