Florida Statute 408.045 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 408
HEALTH CARE ADMINISTRATION

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F.S. 408.045

408.045 Certificate of need; competitive sealed proposals.—

(1) The application, review, and issuance procedures for a certificate of need for an intermediate care facility for the developmentally disabled may be made by the agency by competitive sealed proposals.

(2) The agency shall make a decision regarding the issuance of the certificate of need in accordance with the provisions of s. 287.057(17), rules adopted by the agency relating to intermediate care facilities for the developmentally disabled, and the criteria in s. 408.035, as further defined by rule.

(3) Notification of the decision shall be issued to all applicants not later than 28 calendar days after the date responses to a request for proposal are due.

(4) The procedures provided for under this section are exempt from the batching cycle requirements and the public hearing requirement of s. 408.039.

(5) The agency may use the competitive sealed proposal procedure for determining a certificate of need for other types of health care facilities and services if the agency identifies an unmet health care need and when funding in whole or in part for such health care facilities or services is authorized by the Legislature.

History.—s. 3, ch. 83-244; s. 42, ch. 85-81; s. 32, ch. 87-92; s. 3, ch. 89-308; s. 30, ch. 90-268; ss. 15, 18, ch. 92-33; s. 16, ch. 95-144; s. 13, ch. 2000-256; s. 14, ch. 2000-318; s. 67, ch. 2002-1; s. 37, ch. 2002-207; s. 33, ch. 2010-151; s. 14, ch. 2021-225.

Note.—Former s. 381.4961; s. 381.715.

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Amendments to 408.045

Arrestable Offenses / Crimes under Fla. Stat. 408.045

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 408.045.

Annotations, Discussions, Cases:

Cases Citing Statute 408.045

Total Results: 4

ORLANDO HEALTH CENTRAL, Inc. v. Agency For Health Care Administration

Court: District Court of Appeal of Florida | Date Filed: 2018-08-03

Citation: 252 So. 3d 849

Snippet: by the agency with respect to ss. 408.031- 408.045 until such rules are repealed or amended by the

Big Bend Hospice v. AGENCY FOR HEALTH CARE

Court: District Court of Appeal of Florida | Date Filed: 2005-06-20

Citation: 904 So. 2d 610, 2005 WL 1420856

Snippet: capricious, or not in compliance with ss. 408.031-408.045 [the Health Facility and Development Act]." AHCA

MARTIN MEM. MED. CENTER, INC. v. Tenet Healthsystem Hospitals, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2004-06-29

Citation: 875 So. 2d 797

Snippet: Facility and Services Development Act (§§ 408.031-408.045, Fla. Stat.(2002)) establishes a "certificate of

Sewell v. Huffstetler

Court: Supreme Court of Florida | Date Filed: 1922-05-19

Citation: 83 Fla. 629, 93 So. 162

Snippet: Coast Line R. Co. v. Beazley, 54 Fla. 311, text 408, 45 South. Rep. 761; Williams v. Peninsular Grocery