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Florida Statute 408.032 - Full Text and Legal Analysis
Florida Statute 408.032 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 408
HEALTH CARE ADMINISTRATION
View Entire Chapter
408.032 Definitions relating to Health Facility and Services Development Act.As used in ss. 408.031-408.045, the term:
(1) “Agency” means the Agency for Health Care Administration.
(2) “Capital expenditure” means an expenditure, including an expenditure for a construction project undertaken by a health care facility as its own contractor, which, under generally accepted accounting principles, is not properly chargeable as an expense of operation and maintenance, which is made to change the bed capacity of the facility, or substantially change the services or service area of the health care facility, health service provider, or hospice, and which includes the cost of the studies, surveys, designs, plans, working drawings, specifications, initial financing costs, and other activities essential to acquisition, improvement, expansion, or replacement of the plant and equipment.
(3) “Certificate of need” means a written statement issued by the agency evidencing community need for a new, converted, expanded, or otherwise significantly modified health care facility or hospice.
(4) “Commenced construction” means initiation of and continuous activities beyond site preparation associated with erecting or modifying a health care facility, including procurement of a building permit applying the use of agency-approved construction documents, proof of an executed owner/contractor agreement or an irrevocable or binding forced account, and actual undertaking of foundation forming with steel installation and concrete placing.
(5) “District” means a health service planning district composed of the following counties:

District 1.Escambia, Santa Rosa, Okaloosa, and Walton Counties.

District 2.Holmes, Washington, Bay, Jackson, Franklin, Gulf, Gadsden, Liberty, Calhoun, Leon, Wakulla, Jefferson, Madison, and Taylor Counties.

District 3.Hamilton, Suwannee, Lafayette, Dixie, Columbia, Gilchrist, Levy, Union, Bradford, Putnam, Alachua, Marion, Citrus, Hernando, Sumter, and Lake Counties.

District 4.Baker, Nassau, Duval, Clay, St. Johns, Flagler, and Volusia Counties.

District 5.Pasco and Pinellas Counties.

District 6.Hillsborough, Manatee, Polk, Hardee, and Highlands Counties.

District 7.Seminole, Orange, Osceola, and Brevard Counties.

District 8.Sarasota, DeSoto, Charlotte, Lee, Glades, Hendry, and Collier Counties.

District 9.Indian River, Okeechobee, St. Lucie, Martin, and Palm Beach Counties.

District 10.Broward County.

District 11.Miami-Dade and Monroe Counties.

(6) “Exemption” means the process by which a proposal that would otherwise require a certificate of need may proceed without a certificate of need.
(7) “Expedited review” means the process by which certain types of applications are not subject to the review cycle requirements contained in s. 408.039(1), and the letter of intent requirements contained in s. 408.039(2).
(8) “Health care facility” means a skilled nursing facility, hospice, or intermediate care facility for the developmentally disabled. A facility relying solely on spiritual means through prayer for healing is not included as a health care facility.
(9) “Hospice” or “hospice program” means a hospice as defined in part IV of chapter 400.
(10) “Intermediate care facility for the developmentally disabled” means a residential facility licensed under part VIII of chapter 400.
(11) “Nursing home geographically underserved area” means:
(a) A county in which there is no existing or approved nursing home;
(b) An area with a radius of at least 20 miles in which there is no existing or approved nursing home; or
(c) An area with a radius of at least 20 miles in which all existing nursing homes have maintained at least a 95 percent occupancy rate for the most recent 6 months or a 90 percent occupancy rate for the most recent 12 months.
(12) “Skilled nursing facility” means an institution, or a distinct part of an institution, which is primarily engaged in providing, to inpatients, skilled nursing care and related services for patients who require medical or nursing care, or rehabilitation services for the rehabilitation of injured, disabled, or sick persons.
History.s. 19, ch. 87-92; s. 19, ch. 88-294; s. 2, ch. 89-308; s. 7, ch. 89-354; s. 21, ch. 91-158; s. 54, ch. 91-221; s. 1, ch. 91-282; ss. 15, 16, ch. 92-33; s. 10, ch. 92-58; s. 22, ch. 93-214; s. 8, ch. 95-144; s. 28, ch. 95-210; s. 2, ch. 95-394; s. 1, ch. 97-270; s. 3, ch. 2000-256; s. 4, ch. 2000-318; s. 2, ch. 2004-383; s. 74, ch. 2006-197; s. 111, ch. 2008-4; s. 13, ch. 2013-162; ss. 6, 7, ch. 2019-136.
Note.Former s. 381.702.

F.S. 408.032 on Google Scholar

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Amendments to 408.032


Annotations, Discussions, Cases:

Cases Citing Statute 408.032

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Cleveland Clinic v. Agency for Hlth. Care, 679 So. 2d 1237 (Fla. 1st DCA 1996).

Cited 9 times | Published | Florida 1st District Court of Appeal | 1996 WL 498166

...tals...." During oral argument before this Court counsel for the agency candidly stated that AHCA had "changed its mind." *1240 In the order under review AHCA proceeds in an orderly fashion to recite and interpret the key statutory provisions. Under section 408.032(1), Florida Statutes, the term "capital expenditure" is defined to include the "replacement" of the plant and equipment of a health care facility....
...In that case we found that the applicant for a CON to replace and relocate a hospital was entitled to expedited, non-comparative review. We approved the contention by HRS that the relocation of a hospital qualified as a "capital expenditure" under section 381.706(1)(c) (now 408.032(1)), and that under section 381.709(5)(b) (now 408.039(5)(b)), existing health care providers have "no standing or right to intervene in an administrative hearing involving the [sic] health care project which is subject to certificate of need...
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Avante Villa at Jacksonville v. Breidert, 958 So. 2d 1031 (Fla. 1st DCA 2007).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2007 WL 1593242

...ION OF "HEALTH CARE FACILITY" OR "HEALTH CARE PROVIDER" AS CONTEMPLATED BY AMENDMENT 7 TO THE FLORIDA CONSTITUTION? BARFIELD and VAN NORTWICK, JJ., concur. NOTES [1] Federal Nursing Home Reform Act from the Omnibus Budget Reconciliation Act. [2] See § 408.032(8), Fla....
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Tandem Healthcare, Inc. v. Benjamin, 969 So. 2d 519 (Fla. 4th DCA 2007).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 4126518

...§§ 766.1115(3)(d)8, 766.1116(1), & 766.202(4), Fla. Stat. (2004). A number of other general laws define health care facilities as including nursing homes; for example, those pertaining to the Health Facility and Services Development Act, sections 408.031-.045, Florida *522 Statutes: section 408.032(8) ("`Health care facility' means a ....
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Pub. Health Trust of Miami-Dade Cnty. v. State, 751 So. 2d 112 (Fla. 3d DCA 2000).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 51, 2000 WL 3851

...“The rules of statutory construction require that courts give statutory language its plain and ordinary meaning, unless the words are defined by statute.” State v. Cohen, 696 So.2d 435, 437 (Fla. 4th DCA 1997). Here, the term “district” is specifically defined in section 408.032 as: (5) “District” means a health service planning district composed of the following counties: [[Image here]] District 10.-Broward County. District ll.-Dade and Monroe Counties. § 408.032(5), Fla....
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Gulf Coast Health Care, Inc. v. Agency for Health Care Admin., 679 So. 2d 338 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 9262, 1996 WL 496156

concerned with the terms “replacement” as used in section 408.032(1), Florida Statutes, and “at such facility
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Hope Hospice & Cmty. Servs., Inc. v. Agency for Health Care Admin.; Vitas Healthcare Corp. of Florida, Inc. (Fla. 1st DCA 2025).

Published | Florida 1st District Court of Appeal

...Const. A. AHCA has the responsibility of authorizing hospice programs in the State of Florida. AHCA approves CONs when a community need exists “for a new, converted, expanded, or otherwise significantly modified . . . hospice.” § 408.034(1), Fla. Stat.; § 408.032(3), Fla....
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ORLANDO HEALTH Cent., Inc. v. Agency For Health Care Admin., 252 So. 3d 849 (Fla. Dist. Ct. App. 2018).

Published | District Court of Appeal of Florida

health care facility, health service, or hospice.” § 408.032(3), Fla. Stat. (2017). The Agency for Health Care
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Ago (Fla. Att'y Gen. 1994).

Published | Florida Attorney General Reports

...health care, based on current standards, at the lowest possible prices. Pursuant to section 408.702, Florida Statutes, a community health purchasing alliance (CHPA) is established in each of the 11 health service planning districts established under section 408.032 (5), Florida Statutes....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.