Florida Statutes

Fla. Stat. § 408.037 (2025)

Application content.

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408.037 Application content.—

(1) An application for a certificate of need must contain:

(a) A detailed description of the proposed project and statement of its purpose and need in relation to the district health plan.

(b) A statement of the financial resources needed by and available to the applicant to accomplish the proposed project. This statement must include:

1. A complete listing of all capital projects, including new health facility development projects and health facility acquisitions applied for, pending, approved, or underway in any state at the time of application, regardless of whether or not that state has a certificate-of-need program or a capital expenditure review program pursuant to s. 1122 of the Social Security Act. The agency may, by rule, require less-detailed information from major health care providers. This listing must include the applicant’s actual or proposed financial commitment to those projects and an assessment of their impact on the applicant’s ability to provide the proposed project.

2. A detailed listing of the needed capital expenditures, including sources of funds.

3. A detailed financial projection, including a statement of the projected revenue and expenses for the first 2 years of operation after completion of the proposed project. This statement must include a detailed evaluation of the impact of the proposed project on the cost of other services provided by the applicant.

(c) An audited financial statement of the applicant or the applicant’s parent corporation if audited financial statements of the applicant do not exist. In an application submitted by an existing health care facility, health maintenance organization, or hospice, financial condition documentation must include, but need not be limited to, a balance sheet and a profit-and-loss statement of the 2 previous fiscal years’ operation.

(2) The applicant must certify that it will license and operate the health care facility. For an existing health care facility, the applicant must be the licenseholder of the facility.

History.—s. 24, ch. 87-92; s. 15, ch. 92-33; s. 4, ch. 97-270; s. 8, ch. 2000-256; s. 9, ch. 2000-318; s. 2, ch. 2008-29; s. 42, ch. 2012-160; s. 16, ch. 2019-136.

Note.—Former s. 381.707.

Notes of Decisions

Cited in 2 cases, 1995–1995 · leading case: Arbor Health Care Co. v. State, Agency for Health Care Admin., 654 So. 2d 1020 (Fla. 1st DCA 1995).

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Arbor Health Care Co. v. State, Agency for Health Care Admin., 654 So. 2d 1020 (Fla. 1st DCA 1995). · cites it 5× “Arbor Health Care Company (Arbor) appeals from a summary denial by the appellee Agency for Health Care Administration (the agency) of Arbor’s application for a certificate of need (CON) due to Arbor’s failure to disclose certain projects determined by the agency to be “capital…”

Life Care Centers of Am., Inc. v. State, Agency for Health Care Admin., 656 So. 2d 1329 (Fla. 5th DCA 1995). · cites it 4× “Section 408.037(2), Florida Statutes (1993), provides that an application for a CON shall contain a statement of the financial resources needed by and available to the applicant to accomplish the proposed project.”

— 408.037(2) — 1 case

Life Care Centers of Am., Inc. v. State, Agency for Health Care Admin., 656 So. 2d 1329 (Fla. 5th DCA 1995). “Section 408.037(2), Florida Statutes (1993), provides that an application for a CON shall contain a statement of the financial resources needed by and available to the applicant to accomplish the proposed project.”

— 408.037(2)(a) — 2 cases

Arbor Health Care Co. v. State, Agency for Health Care Admin., 654 So. 2d 1020 (Fla. 1st DCA 1995). “Arbor Health Care Company (Arbor) appeals from a summary denial by the appellee Agency for Health Care Administration (the agency) of Arbor’s application for a certificate of need (CON) due to Arbor’s failure to disclose certain projects determined by the agency to be “capital…”

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