Florida Statute 408.037 - Full Text and Legal Analysis

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.

Cases Citing F.S. 408.037

Fla. Stat. § 408.037 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Arbor Health Care Co. v. State, Agency for Health Care Admin., 654 So. 2d 1020 (Fla. Dist. Ct. App. 1995).
Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 5236, 20 Fla. L. Weekly Fed. D 1199
...lth 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 projects” and therefore subject to disclosure pursuant to section 408.037(2)(a), Florida Statutes, and Florida Administrative Code Rule 59C-1.002(9)....
...Manor petitioned for a section 120.57(1), Florida Statutes, administrative hearing to challenge the agency’s decision, and subsequently filed a motion for a summary recommended order, contending that Arbor had failed to comply with the minimum application content requirements of section 408.037(2)(a)....
...h the disclosure requirements of the statute as interpreted in accordance with rule 59C-1.002(9). The agency subsequently issued a final order adopting the hearing officer’s findings and conclusions and summarily denying Arbor’s CON application. Section 408.037(2)(a) requires that a CON application disclose all “capital projects” which are “applied for, pending, approved, or underway in any state at the time of application.” Rule 590-1.002(9), which was promulgated by the agency, def...
...The agency argues that its interpretation of the statutes and rules it is charged with administering is ordinarily accorded deference. Indeed, were it not for the agency’s own rule narrowly defining “capital project,” we would accept its interpretation of section 408.037(2)(a)....
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Life Care Centers of Am., Inc. v. State, Agency for Health Care Admin., 656 So. 2d 1329 (Fla. Dist. Ct. App. 1995).
Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 9015, 1995 WL 348294
...(Life Care) appeals from a denial by the appellee, Agency for Health Care Administration (the agency), of an application for a certificate of need (CON) on the ground that Life Care did not satisfy minimum statutory requirements. We reverse and remand for further proceedings. 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....
...talization will be required under generally accepted accounting principles. For the purpose of this definition, final approval includes letters of intent to issue a certificate of need issued by the agency. Rule 59C-1.008(h) provided: to comply with section 408.037(2)(a), F.S., requiring a listing of all capital projects as defined in rule 590-1.002(9), F.A.C., the applicant shall, consistent with the applicant’s capitalization policies, provide the total amount of capital projects approved vi...
...missions made it unable to determine the financial feasibility of the proposed project. At the final hearing, the parties stipulated that the Life Care application met all statutory and rule criteria except the capital project listing requirement of section 408.037(2)(a), and the financial feasibility determination required by section 408.035(l)(i), Florida Statutes (1993)....

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Cases Citing F.S. 408.037

·Arbor Health Care Co. v. State, Agency for Health Care Admin., 654 So. 2d 1020 (Fla. Dist. Ct. App. 1995).

Life Care Centers of Am., Inc. v. State, Agency for Health Care Admin., 656 So. 2d 1329 (Fla. Dist. Ct. App. 1995).