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Florida Statute 408.032 | Lawyer Caselaw & Research
F.S. 408.032 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 408.032

The 2023 Florida Statutes (including Special Session C)

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 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 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)

. . . ." § 408.032(3), Fla. Stat. (2017). . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. DEPARTMENT OF ADMINISTRATIVE HEARINGS, v. v., 29 So. 3d 992 (Fla. 2010)

. . . See §§ 408.032(7), 440.13(l)(h), Fla. Stat. (1997). . . .

TANDEM HEALTHCARE, INC. a d b a a v. BENJAMIN, 969 So. 2d 519 (Fla. Dist. Ct. App. 2007)

. . . the Health Facility and Services Development Act, sections 408.031-.045, Florida Statutes: section 408.032 . . .

AVANTE VILLA AT JACKSONVILLE BEACH, INC. d b a v. BREIDERT, E., 958 So. 2d 1031 (Fla. Dist. Ct. App. 2007)

. . . See § 408.032(8), Fla. Stat.; § 408.07(24), Fla. Stat.; § 400.602(2), Fla. . . .

PUBLIC HEALTH TRUST OF MIAMI- DADE COUNTY, FL, v. STATE AGENCY FOR HEALTH CARE ADMINISTRATION, 751 So. 2d 112 (Fla. Dist. Ct. App. 2000)

. . . Here, the term “district” is specifically defined in section 408.032 as: (5) “District” means a health . . . -Dade and Monroe Counties. § 408.032(5), Fla. Stat. (1997). . . .

GULF COAST HEALTH CARE, INC. v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 679 So. 2d 338 (Fla. Dist. Ct. App. 1996)

. . . We are here concerned with the terms “replacement” as used in section 408.032(1), Florida Statutes, and . . .

CLEVELAND CLINIC FLORIDA HOSPITAL d b a A v. AGENCY FOR HEALTH CARE ADMINISTRATION d b a d b a d b a d b a, 679 So. 2d 1237 (Fla. Dist. Ct. App. 1996)

. . . Under section 408.032(1), Florida Statutes, the term “capital expenditure” is defined to include the . . . the relocation of a hospital qualified as a “capital expenditure” under section 381.706(l)(e) (now 408.032 . . .

ALBERTSON S, INC. v. FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION,, 658 So. 2d 134 (Fla. Dist. Ct. App. 1995)

. . . . §§ 408.032(5) and 408.702(1) (1993). . . . See generally §§ 408.032-408.40, Fla.Stat. (1993). . . .