CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1996 WL 498166
...The order states, in substance, that because of the broad wording of the statute, "merely defining a proposed project as a capital expenditure does not set it apart from those projects which are subject to batched, comparative review." [1] The order then turns to section 408.036(1)(c), which provides, in part, for CON review of "[a] capital expenditure of $1 million or more by or on behalf of a health care facility ......
...nditure "at the existing health care facility. " (Emphasis added.) AHCA's order concludes that a proposal to construct a replacement hospital at a new location is subject to comparative review because it does not fall within the express condition of section 408.036(1) that the proposed project be accomplished at the location of the existing hospital....
...AHCA's order further finds this interpretation consistent with the limitation on standing found in section
408.039(5)(b), which denies standing to health care providers to intervene in an administrative proceeding which is subject to CON review "solely on the basis of section
408.036(1)(c)." The primary focus of Cleveland's attack on the agency's interpretationan interpretation vigorously defended by all respondents in this proceedingis that it is totally at odds with that interpretation previously adopted by...
...view. In so ruling, the hearing officer adopted proposed findings submitted by HRS including, in substance, a finding that an application to relocate a hospital is considered a capital expenditure and held that pursuant to section 381.709(5)(b) [now 408.036(5)(b)], competitors do not have standing to challenge a proposed capital expenditure; that only when a replacement facility would involve no new beds or changed bed use, involve no substantial change in services, and involve no substantial ch...
....039(5)(b)), existing health care providers have "no standing or right to intervene in an administrative hearing involving the [sic] health care project which is subject to certificate of need review solely on the basis of section 381.706(1)(c) [now
408.036(1)(c)]."
599 So.2d at 212....
...Indeed, the agency's order fails to acknowledge the existence of its own Rule 59C-1.004(2)(f) which specifically includes "capital expenditure projects" in the list of projects entitled to expedited review. Instead, AHCA reinterprets the language of section 408.036(1)(c) by adding the word "existing" to the statutory phrase "at such facility," reading the statute as if it read "at such existing facility." AHCA in its order, and the respondents in their briefs and arguments before this Court, rel...
...e case to AHCA is quashed, and AHCA's order for comparative review is reversed. This cause is remanded to DOAH for a formal hearing consistent with this opinion. ERVIN and KAHN, JJ., concur. NOTES [1] For clarification, it should be noted that under section 408.036(2), certain projects requiring certificates of need are subject to expedited review, rather than batched, comparative review....
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Cited as authorityMb (2009)phrase: "rule_authority"
Cited as authorityM.B. (2009)phrase: "rule_authority"
CopyCited 9 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 556, 2007 Fla. LEXIS 1595, 2007 WL 2492345
...We have on appeal a decision of a district court of appeal declaring a state statute invalid. St. Vincent's Medical Center, Inc. v. Memorial Healthcare Group, Inc.,
928 So.2d 430 (Fla. 1st DCA 2006). We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. The issue before this Court is whether section
408.036(3)( l ), Florida Statutes (2004), is unconstitutional as a special law enacted in the guise of a general law and without compliance with the specific requirements for the enactment of special laws....
...State law required new hospitals to submit a Certificate of Need ("CON") with the Agency in order to establish an open-heart surgery program. During the 2003 regular session, the Legislature passed, and the Governor signed into law, chapter 2003-274, Laws of Florida. The law appears as section 408.036(3)( l ), Florida Statutes (2004), part of the Health Facility and Services Development Act....
...By December 31, 2004, and annually thereafter, the agency shall submit a report to the Legislature providing information concerning the number of requests for exemption received under this paragraph and the number of exemptions granted or denied. 3. This paragraph is repealed effective January 1, 2008. § 408.036(3)( l ), Fla....
...ered to the notice requirements of article III, section 10, the statute would have passed constitutional muster. St. Vincent's,
928 So.2d at 431-33. First District Review On review, the First District affirmed the trial court's decision holding that section
408.036(3)( l ) is an unconstitutional special law....
...ether there is a reasonable possibility that the class will include others." St. Vincent's,
928 So.2d at 434 (quoting Gulfstream Park,
912 So.2d at 622) (emphasis supplied). St. Vincent's Medical Center now appeals the First District's decision that section
408.036(3)( l ) is unconstitutional....
...n or instrumentality. State ex rel. Landis v. Harris,
120 Fla. 555,
163 So. 237, 240 (Fla.1934) (citations omitted). As with the circuit court and the district court, our legal analysis begins with the language challenged in the statute itself, *800 section
408.036(3)( l ), Florida Statutes (2004): (3) EXEMPTIONS.Upon request, the following projects are subject to exemption from the provisions of subsection ( 1 ): ( 1 ) Not withstanding any other provision of this chapter to the contrary: l....
...By December 31, 2004, and annually thereafter, the agency shall submit a report to the Legislature providing information concerning the number of requests for exemption received under this paragraph and the number of exemptions granted or denied. 3. This paragraph is repealed effective January 1, 2008. § 408.036(3)( l ), Fla....
...at 809 ("[A]ny determination of possible future applications of a statute must be done by a realistic and reasonable assessment. Otherwise, such an assessment would essentially be standardless, a situation we do not believe to be consistent with judicial review and enforcement of article III, section 10."). CONCLUSION Section 408.036(3)( 1 ) provides a CON exemption for certain hospitals seeking to establish an open-heart surgery program....
...Both the trial court and the district court concluded that there is no reasonable possibility that any hospitals other than St. Vincent's could take advantage of the exemption before it sunsets on January 1, 2008. We find no error in the findings of the trial court and the legal analysis of the district court concluding that section 408.036(3)( l ) is an unconstitutional special law enacted in the guise of a general law....
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CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2004 WL 874929
...d Palm Beach counties. Taking this allegation as true, as we must for purposes of our analysis, the end result of such an action is the establishment of a new licensed hospice provider in Palm Beach County in the absence of CON review as required by section 408.036(e), Florida Statutes....
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Cited as authorityPayne (2005)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2004 WL 1439872
...The Health Facility and Services Development Act (§§
408.031-408.045, Fla. Stat.(2002)) establishes a "certificate of need" (CON) system for the purpose of determining the need in Florida for certain healthcare services and facilities. The types of projects requiring a CON are identified in section
408.036(1) and (2)....
...Pursuant to the Act, AHCA must review CON applications based on numerous statutory and rule criteria, including (but not limited to) those set out in section
408.035. The statutory and rule review criteria for CON applications are uniform throughout the state. Section
408.036(3) exempts certain projects from CON review. Prior to the adoption of chapter 2003-289, which amends section
408.036(3) by adding new paragraph (t) and subparagraphs 1 and 2 thereto, all exemptions were also uniform throughout the state....
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Cited as authorityAtwater (2011)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...In its review of MHS's application for a license to provide hospice services in Volusia County, AHCA concluded that MHS was a rural hospital within the meaning of section
395.602, Florida Statutes (1995). On that basis, AHCA determined that MHS was exempt from certificate of need review as a precondition to licensure. §
408.036(3)(h), Fla....
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Cited as authorityHampton (1999)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 1112503
...Gary Williams, of Ausley & McMullen, Tallahassee, for Appellant/Cross-Appellee. Stephen A. Ecenia, J. Stephen Menton, Richard M. Ellis, of Rutledge, Ecenia, Purnell & Hoffman, P.A., Tallahassee, for Appellees/Cross-Appellants. KAHN, C.J. St. Vincent's Medical Center appeals a declaratory judgment holding section 408.036(3)( l ), Florida Statutes (2004), unconstitutional....
...State law required new hospitals to submit a Certificate of Need ("CON") with the Agency in order to establish an open-heart surgery program. During the 2003 regular session, the Legislature passed, and the Governor signed into law, chapter 2003-274, Laws of Florida. The law appears as section 408.036(3)( l ), Florida Statutes (2004), part of the Health Facility and Services Development Act....
...By December 31, 2004, and annually thereafter, the agency shall submit a report to the Legislature providing information concerning the number of requests *433 for exemption received under this paragraph and the number of exemptions granted or denied. 3. This paragraph is repealed effective January 1, 2008. § 408.036(3)( l ), Fla....
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CopyCited 1 times | Published | Florida 1st District Court of Appeal
...The dispute before us, which was generated by a motion in limine filed by ORHS, concerns whether CON transfer application 6911 required AHCA to consider all the statutory review criteria that are applicable to new CONs, or whether only certain criteria are applicable. Section 381.706, Florida Statutes (1991), now Section 408.036, Florida Statutes (Supp....
CopyPublished | Florida 1st District Court of Appeal
...We must decide whether the challenge in circuit
court is permissible.
I.
Certificates of need entitle their holders to build certain types of “health-
care-related project,” such as hospitals, see § 408.036(1)(a), Fla....
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CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 11319, 1995 WL 627743
...ion of its Certificate of Need no. 4019. South Broward’s requested modification would have increased the number of acute care beds at its facility and therefore would have resulted in a project subject to certificate of need review as specified in section 408.036(l)(e), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 3986, 1997 WL 185598
...h directions to award the CON. Life Care’s application was denied by AHCA based upon its conclusion that CON 7354 was for a “replacement” nursing home, and that a replacement was required by law to be constructed on the same site, relying upon section 408.036(3)(f), Florida Statutes (1993). That statute provides an exemption from comparative review for replacement facilities on the same site. However, it is undisputed that CON 7354 was issued after comparative review, and thus, did not rely upon the exemption in section 408.036(3)(f)....
