Florida Statutes

Fla. Stat. § 408.041 (2025)

Certificate of need required; penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

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

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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). · cites it 2× “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.”

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