Florida Statute 408.037 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 408
HEALTH CARE ADMINISTRATION

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F.S. 408.037

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.

F.S. 408.037 on Google Scholar

F.S. 408.037 on Casetext

Amendments to 408.037

Arrestable Offenses / Crimes under Fla. Stat. 408.037

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 408.037.

Annotations, Discussions, Cases:

Cases Citing Statute 408.037

Total Results: 6

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

Court: Fla. Dist. Ct. App. | Date Filed: 1995-06-12T00:00:00-07:00

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

Snippet: reverse and remand for further proceedings. Section 408.037(2), Florida Statutes (1993), provides that an application… 59C-1.008(h) provided: to comply with section 408.037(2)(a), F.S., requiring a listing of all capital…capital project listing requirement of section 408.037(2)(a), and the financial feasibility determination

Arbor Health Care Co. v. State, Agency for Health Care Administration

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-16T00:00:00-07:00

Citation: 654 So. 2d 1020, 1995 Fla. App. LEXIS 5236

Snippet: therefore subject to disclosure pursuant to section 408.037(2)(a), Florida Statutes, and Florida Administrative…minimum application content requirements of section 408.037(2)(a). Manor alleged that Arbor had failed to disclose…summarily denying Arbor’s CON application. Section 408.037(2)(a) requires that a CON application disclose … we would accept its interpretation of section 408.037(2)(a). However, the agency chose to interpret the

Rutland v. Rutland

Court: Fla. Dist. Ct. App. | Date Filed: 1995-02-16T23:53:00-08:00

Citation: 652 So. 2d 404

Snippet: employment at $1,145. She claims monthly expenses of $4,408.37. During the years of the marriage, husband'

Penza v. Neckles

Court: Fla. Dist. Ct. App. | Date Filed: 1976-12-16T23:53:00-08:00

Citation: 340 So. 2d 1210

Snippet: & Hud. R.R. Co., 204 N.Y. 58, 97 N.E. 408, 37 L.R.A.(N.S.) 1137. We cannot follow this line of

Louisville & Nashville Railroad v. Allen

Court: Fla. | Date Filed: 1914-03-27T00:00:00-08:00

Citation: 67 Fla. 257

Snippet: amp; Hud. R. R. Co., 204 N. Y. 58, 97 N. E. Rep. 408, 37 L. R. A. (N. S.) 1137. We cannot follow this line

Sosa v. Pettaway

Court: Fla. | Date Filed: 1914-01-20T00:00:00-08:00

Citation: 67 Fla. 18, 64 So. 433

Snippet: in Post v. Building & Loan Ass’n, 97 Tenn. 408, 37 S. W. Rep. 216, is invoked to sustain this contention