Florida Statute 408.035 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 408
HEALTH CARE ADMINISTRATION

View Entire Chapter

F.S. 408.035

408.035 Review criteria.—The agency shall determine the reviewability of applications and shall review applications for certificate-of-need determinations for health care facilities in context with the following criteria:

(1) The need for the health care facilities being proposed.

(2) The availability, quality of care, accessibility, and extent of utilization of existing health care facilities in the service district of the applicant.

(3) The ability of the applicant to provide quality of care and the applicant’s record of providing quality of care.

(4) The availability of resources, including health personnel, management personnel, and funds for capital and operating expenditures, for project accomplishment and operation.

(5) The extent to which the proposed services will enhance access to health care for residents of the service district.

(6) The immediate and long-term financial feasibility of the proposal.

(7) The extent to which the proposal will foster competition that promotes quality and cost-effectiveness.

(8) The costs and methods of the proposed construction, including the costs and methods of energy provision and the availability of alternative, less costly, or more effective methods of construction.

(9) The applicant’s past and proposed provision of health care services to Medicaid patients and the medically indigent.

(10) The applicant’s designation as a Gold Seal Program nursing facility pursuant to s. 400.235, when the applicant is requesting additional nursing home beds at that facility.

History.—s. 22, ch. 87-92; s. 20, ch. 88-294; s. 15, ch. 92-33; ss. 37, 50, ch. 93-217; s. 30, ch. 95-210; s. 36, ch. 97-103; s. 39, ch. 97-264; s. 2, ch. 97-270; s. 20, ch. 99-394; s. 6, ch. 2000-256; s. 7, ch. 2000-318; s. 5, ch. 2004-383; s. 1, ch. 2008-29; ss. 11, 12, ch. 2019-136.

Note.—Former s. 381.705.

F.S. 408.035 on Google Scholar

F.S. 408.035 on CourtListener

Amendments to 408.035

Annotations, Discussions, Cases:

Cases Citing Statute 408.035

Total Results: 8

Delray Medical Center, Inc. v. State Agency for Health Care Administration

5 So. 3d 26, 2009 Fla. App. LEXIS 571, 34 Fla. L. Weekly Fed. D 240

District Court of Appeal of Florida | Filed: Jan 28, 2009 | Docket: 1202690

Cited 7 times | Published

consideration of the statutory criteria in section 408.035, Florida Statutes, and the criteria in Florida

Bethesda Healthcare System, Inc. v. AHCA

945 So. 2d 574

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 1725060

Cited 4 times | Published

not inconsistent with the governing statute. § 408.035, Fla. Stat. (2004) (criteria for CON include showing

MARTIN MEM. MED. CENTER, INC. v. Tenet Healthsystem Hospitals, Inc.

875 So. 2d 797, 2004 WL 1439872

District Court of Appeal of Florida | Filed: Jun 29, 2004 | Docket: 1683971

Cited 3 times | Published

including (but not limited to) those set out in section 408.035. The statutory and rule review criteria for

Lawnwood Med. Ctr. v. AGENCY FOR HEALTH CARE

678 So. 2d 421

District Court of Appeal of Florida | Filed: Jul 29, 1996 | Docket: 1470527

Cited 3 times | Published

comparison of the applicants based upon a review of section 408.035, Florida Statutes (1993). The hearing officer

Federal Trade Commission v. Hospital Board of Directors

38 F.3d 1184

Court of Appeals for the Eleventh Circuit | Filed: Nov 30, 1994 | Docket: 64018900

Cited 1 times | Published

hospitals or facilities in a specific area. Id. at § 408.035. This legislation makes it more difficult for

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

additional nursing home beds at that facility. § 408.035, Fla. Stat. AHCA, in turn, promulgated an

Lawnwood Medical Center, Inc. v. Agency For Health Care Administration

678 So. 2d 421, 1996 Fla. App. LEXIS 7908

District Court of Appeal of Florida | Filed: Jul 29, 1996 | Docket: 64766711

Published

comparison of the applicants based upon a review of section 408.035, Florida Statutes (1993). The hearing officer

Life Care Centers of America, Inc. v. State, Agency for Health Care Administration

656 So. 2d 1329, 1995 Fla. App. LEXIS 9015, 1995 WL 348294

District Court of Appeal of Florida | Filed: Jun 12, 1995 | Docket: 64757473

Published

financial feasibility determination required by section 408.035(l)(i), Florida Statutes (1993). Life Care introduced