Florida Statute 408.032 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 408
HEALTH CARE ADMINISTRATION

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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 Casetext

Amendments to 408.032

Arrestable Offenses / Crimes under Fla. Stat. 408.032

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 408.032.

Annotations, Discussions, Cases:

Cases Citing Statute 408.032

Total Results: 15

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

Court: District Court of Appeal of Florida | Date Filed: 2018-08-03

Citation: 252 So. 3d 849

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

Florida Birth-Related Neurological Injury Compensation Ass'n v. Department of Administrative Hearings

Court: Supreme Court of Florida | Date Filed: 2010-01-14

Citation: 29 So. 3d 992, 35 Fla. L. Weekly Supp. 40, 2010 Fla. LEXIS 43, 2010 WL 114510

Snippet: "health care facility" includes a hospital. See §§ 408.032(7), 440.13(1)(h), Fla. Stat. (1997). Therefore

Tandem Healthcare, Inc. v. Benjamin

Court: District Court of Appeal of Florida | Date Filed: 2007-11-21

Citation: 969 So. 2d 519, 2007 WL 4126518

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-06-26

Snippet: schools is subject to the Sunshine Law). 8 See s. 408.032(5), Fla. Stat. 9 Section 408.033(1)(a), Fla. Stat

AVANTE VILLA AT JACKSONVILLE v. Breidert

Court: District Court of Appeal of Florida | Date Filed: 2007-06-05

Citation: 958 So. 2d 1031, 2007 WL 1593242

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

Public Health Trust of Miami-Dade County v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-01-05

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1996-09-04

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

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

Cleveland Clinic v. Agency for Hlth. Care

Court: District Court of Appeal of Florida | Date Filed: 1996-09-04

Citation: 679 So. 2d 1237, 1996 WL 498166

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

Albertson's, Inc. v. Florida Department of Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 1995-07-11

Citation: 658 So. 2d 134, 1995 Fla. App. LEXIS 7344, 1995 WL 405278

Snippet: been established by the Legislature. Fla.Stat. §§ 408.032(5) and 408.702(1) (1993). These CHPAs are responsible

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-04-07

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1993-10-25

Snippet: service planning districts established under s. 408.032(5), F.S. The CHPAs are required to be operated

DEPARTMENT OF TRANS. OF STATE OF FLA. v. Nalven

Court: Supreme Court of Florida | Date Filed: 1984-04-19

Citation: 455 So. 2d 301

Snippet: cited; Chicago K. & W.R. Co. v. Parsons, 51 Kan. 408, 32 Pac.Rep. 1083; Newgrass v. Railway Co., 54 Ark

Pozin v. State Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 1973-08-07

Citation: 281 So. 2d 73, 1973 Fla. App. LEXIS 7616

Snippet: cited; Chicago, K. & W. R. Co. v. Parsons, 51 Kan. 408, 32 P. 1083; Newgass v. Railway Co., 54 Ark. 140, 15

Anderson v. State Road Department

Court: District Court of Appeal of Florida | Date Filed: 1967-09-26

Citation: 204 So. 2d 899

Snippet: cited; Chicago, K. & W.R. Co. v. Parsons, 51 Kan. 408, 32 Pac. 1083; Newgass v. Railway Co., 54 Ark. 140

Sunday v. Louisville & Nashville Railroad

Court: Supreme Court of Florida | Date Filed: 1911-06-15

Citation: 62 Fla. 395

Snippet: cited; Chicago K. & W. R. Co. v. Parsons, 51 Kan. 408, 32 Pac. Rep. 1083; Newgrass v. Railway Co., 54 Ark