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Florida Statute 408.32 - Full Text and Legal Analysis
Florida Statute 408.032 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 408
HEALTH CARE ADMINISTRATION
View Entire Chapter
F.S. 408.032
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.

F.S. 408.032 on Google Scholar

F.S. 408.032 on CourtListener

Amendments to 408.032


Annotations, Discussions, Cases:

Cases Citing Statute 408.032

Total Results: 8

Cleveland Clinic v. Agency for Hlth. Care

679 So. 2d 1237, 1996 WL 498166

District Court of Appeal of Florida | Filed: Sep 4, 1996 | Docket: 2517655

Cited 9 times | Published

interpret the key statutory provisions. Under section 408.032(1), Florida Statutes, the term "capital expenditure"

AVANTE VILLA AT JACKSONVILLE v. Breidert

958 So. 2d 1031, 2007 WL 1593242

District Court of Appeal of Florida | Filed: Jun 5, 2007 | Docket: 1734928

Cited 3 times | Published

the Omnibus Budget Reconciliation Act. [2] See § 408.032(8), Fla. Stat.; § 408.07(24), Fla. Stat.; § 400

Tandem Healthcare, Inc. v. Benjamin

969 So. 2d 519, 2007 WL 4126518

District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 1403683

Cited 1 times | Published

sections 408.031-.045, Florida *522 Statutes: section 408.032(8) ("`Health care facility' means a . . . skilled

Public Health Trust of Miami-Dade County v. State

751 So. 2d 112, 2000 Fla. App. LEXIS 51, 2000 WL 3851

District Court of Appeal of Florida | Filed: Jan 5, 2000 | Docket: 64794959

Cited 1 times | Published

term “district” is specifically defined in section 408.032 as: (5) “District” means a health service planning

Hope Hospice and Community Services, Inc. v. Agency for Health Care Administration; Vitas Healthcare Corporation of Florida, Inc.

District Court of Appeal of Florida | Filed: Mar 19, 2025 | Docket: 69755329

Published

modified . . . hospice.” § 408.034(1), Fla. Stat.; § 408.032(3), Fla. Stat.; see also § 408.043(1), Fla. Stat

ORLANDO HEALTH CENTRAL, Inc. v. Agency For Health Care Administration

252 So. 3d 849

District Court of Appeal of Florida | Filed: Aug 3, 2018 | Docket: 7587955

Published

health care facility, health service, or hospice.” § 408.032(3), Fla. Stat. (2017). The Agency for Health Care

Gulf Coast Health Care, Inc. v. Agency for Health Care Administration

679 So. 2d 338, 1996 Fla. App. LEXIS 9262, 1996 WL 496156

District Court of Appeal of Florida | Filed: Sep 4, 1996 | Docket: 64767203

Published

concerned with the terms “replacement” as used in section 408.032(1), Florida Statutes, and “at such facility

Ago

Florida Attorney General Reports | Filed: Apr 7, 1994 | Docket: 3255230

Published

service planning districts established under section 408.032(5), Florida Statutes.1 The CHPAs are required