Florida Statute 408.041 - Full Text and Legal Analysis

408.041 Certificate of need required; penalties.—It is unlawful for any person to undertake a project subject to review under ss. 408.031-408.045 without a valid certificate of need. Any person violating the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Each day of continuing violation shall be considered a separate offense.

History.—s. 28, ch. 87-92; s. 62, ch. 91-224; s. 15, ch. 92-33; s. 14, ch. 95-144.

Note.—Former s. 381.711.

Cases Citing F.S. 408.041

Fla. Stat. § 408.041 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Baker Cnty. Med. Servs., Inc. etc. v. State of Florida, Agency for Health etc., 178 So. 3d 71 (Fla. 1st DCA 2015).
Published | Florida 1st District Court of Appeal
...4, 2015). Absent a certificate, a competing company may not enter the marketplace unless it demonstrates administratively the need for a proposed facility and receives its own certificate of need; to do otherwise is a second degree misdemeanor. § 408.041, Fla....
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Cited as authorityBRADEN WOODS HOMEOWNERS ASSOCIATION, INC. v. MAVARD TRADING, LTD (2019)
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Cases Citing F.S. 408.041

·Baker Cnty. Med. Servs., Inc. etc. v. State of Florida, Agency for Health etc., 178 So. 3d 71 (Fla. 1st DCA 2015).