The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 408
HEALTH CARE ADMINISTRATION

View Entire Chapter

F.S. 408.040

408.040 Conditions and monitoring.—

(1)(a) The agency may issue a certificate of need, or an exemption, predicated upon statements of intent expressed by an applicant in the application for a certificate of need or an exemption. Any conditions imposed on a certificate of need or an exemption based on such statements of intent shall be stated on the face of the certificate of need or in the exemption approval.

(b) The agency may consider, in addition to the other criteria specified in s. 408.035, a statement of intent by the applicant that a specified percentage of the annual patient days at the facility will be utilized by patients eligible for care under Title XIX of the Social Security Act. Any certificate of need issued to a nursing home in reliance upon an applicant’s statements that a specified percentage of annual patient days will be utilized by residents eligible for care under Title XIX of the Social Security Act must include a statement that such certification is a condition of issuance of the certificate of need. The certificate-of-need program shall notify the Medicaid program office and the Department of Elderly Affairs when it imposes conditions as authorized in this paragraph in an area in which a community diversion pilot project is implemented. Effective July 1, 2012, the agency may not impose sanctions related to patient day utilization by patients eligible for care under Title XIX of the Social Security Act for nursing homes.

(c) A certificateholder or an exemption holder may apply to the agency for a modification of conditions imposed under paragraph (a) or paragraph (b). If the holder of a certificate of need or an exemption demonstrates good cause why the certificate or exemption should be modified, the agency shall reissue the certificate of need or exemption with such modifications as may be appropriate. The agency shall by rule define the factors constituting good cause for modification.

(d) If the holder of a certificate of need or an exemption fails to comply with a condition upon which the issuance of the certificate or exemption was predicated, the agency may assess an administrative fine against the certificateholder or exemption holder in an amount not to exceed $1,000 per failure per day. Failure to annually report compliance with any condition upon which the issuance of the certificate or exemption was predicated constitutes noncompliance. In assessing the penalty, the agency shall take into account as mitigation the degree of noncompliance. Proceeds of such penalties shall be deposited in the Public Medical Assistance Trust Fund.

(2)¹(a) Unless the applicant has commenced construction, if the project provides for construction, unless the applicant has incurred an enforceable capital expenditure commitment for a project, if the project does not provide for construction, or unless subject to paragraph (b), a certificate of need shall terminate 18 months after the date of issuance, except a certificate of need of an entity which was issued on or before April 1, 2009, shall terminate 36 months after the date of issuance. The agency shall monitor the progress of the holder of the certificate of need in meeting the timetable for project development specified in the application, and may revoke the certificate of need, if the holder of the certificate is not meeting such timetable and is not making a good-faith effort, as defined by rule, to meet it.

(b) A certificate of need issued to an applicant holding a provisional certificate of authority under chapter 651 shall terminate 1 year after the applicant receives a valid certificate of authority from the Office of Insurance Regulation of the Financial Services Commission.

(c) The certificate-of-need validity period for a project shall be extended by the agency, to the extent that the applicant demonstrates to the satisfaction of the agency that good-faith commencement of the project is being delayed by litigation or by governmental action or inaction with respect to regulations or permitting precluding commencement of the project.

History.—s. 27, ch. 87-92; s. 22, ch. 88-294; s. 15, ch. 92-33; s. 13, ch. 95-144; s. 6, ch. 97-270; s. 4, ch. 98-85; s. 11, ch. 2000-256; s. 12, ch. 2000-318; s. 434, ch. 2003-261; s. 10, ch. 2004-383; s. 3, ch. 2006-161; s. 2, ch. 2007-82; s. 4, ch. 2008-29; s. 1, ch. 2009-45; s. 14, ch. 2009-223; s. 3, ch. 2011-135.

¹Note.—As amended by s. 14, ch. 2009-223. For a description of multiple acts in the same session affecting a statutory provision, see preface to the Florida Statutes, “Statutory Construction.” Paragraph (2)(a) was also amended by s. 1, ch. 2009-45, and that version reads:

(2)(a) Unless the applicant has commenced construction, if the project provides for construction, unless the applicant has incurred an enforceable capital expenditure commitment for a project, if the project does not provide for construction, or unless subject to paragraph (b), a certificate of need shall terminate 3 years after the date of issuance. The agency shall monitor the progress of the holder of the certificate of need in meeting the timetable for project development specified in the application, and may revoke the certificate of need, if the holder of the certificate is not meeting such timetable and is not making a good-faith effort, as defined by rule, to meet it.

Note.—Former s. 381.710.

F.S. 408.040 on Google Scholar

F.S. 408.040 on Casetext

Amendments to 408.040

Arrestable Offenses / Crimes under Fla. Stat. 408.040

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 408.040.

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. BANKS v. G. SLAY, St. Ex- St. St. O. St. St. St. St. O. St. J. v. G. St. Ex- St. St. O. St. St. St. St. O. St. J. v. G. St. Ex- St. St. O. St. St. St. St. O. St. J. v. G. St. Ex- St. St. O. St. St. St. St. O. St., 875 F.3d 876 (8th Cir. 2017)

. . . . § 408.040). But, the changes made in 2005 were not substantive. . . .

HANEY, v. PORTFOLIO RECOVERY ASSOCIATES, L. L. C. P. C., 837 F.3d 918 (8th Cir. 2016)

. . . The court also noted that the postjudgment interest statute, section 408.040, “does not contain any prohibition . . . Missouri has since amended section 408.040 to expressly clarify that postjudgment interest applies to . . .

HANEY, v. PORTFOLIO RECOVERY ASSOCIATES, L. L. C. P. C., 895 F.3d 974 (8th Cir. 2016)

. . . The court also noted that the postjudgment interest statute, section 408.040, "does not contain any prohibition . . . Missouri has since amended section 408.040 to expressly clarify that postjudgment interest applies to . . .

BAKER COUNTY MEDICAL SERVICES, INC. d b a Ed v. STATE a, 178 So. 3d 71 (Fla. Dist. Ct. App. 2015)

. . . See § 408.040(2)(c), Fla. Stat. . . . AHCA and West 'Jacksonville counter" that sections 408.040(2)(c), 408.015(2)-(3), and 120.57(4), Florida . . . and its effects on health-care-related projects, the Legislature in its 2009 session amended section 408.040 . . . of need “issued on or before April 1, 2009, shall terminate 36 months after the date of issuance.” § 408.040 . . . See Ch. 2009-223, Laws of Fla., § 14 (amending section 408.040, Fla. Stat. (2009)). . . .

BEHLMANN, v. CENTURY SURETY COMPANY,, 794 F.3d 960 (8th Cir. 2015)

. . . Laws 642-43; § 408.040 (prejudgment interest in “nontort” and tort actions), 2005 Mo. Laws 643-44. . . .

JACK HENRY ASSOCIATES, INC. v. BSC, INC., 487 F. App'x 246 (6th Cir. 2012)

. . . . § 408.040. Thus, Jack Henry argues, it was entitled to 18% interest on the postjudgment award. . . .

JACK HENRY ASSOCIATES, INC. v. BSC, INC., 753 F. Supp. 2d 665 (E.D. Ky. 2010)

. . . . § 408.040 provides that "judgments and orders for money upon contracts bearing more than nine percent . . .

JCB, INC. v. UNION PLANTERS BANK, NA,, 539 F.3d 862 (8th Cir. 2008)

. . . Bank advocates for a lower rate from another statutory section: the federal funds rate plus 3% from § 408.040 . . .

JCB, INC. v. UNION PLANTERS BANK, NA,, 539 F.3d 862 (8th Cir. 2008)

. . . Bank advocates for a lower rate from another statutory section: the federal funds rate plus 3% from § 408.040 . . .

HARRISON, v. PURDY BROTHERS TRUCKING COMPANY, INC., 312 F.3d 346 (8th Cir. 2002)

. . . . § 408.040 (emphasis added). . . . Harrison moved for prejudgment interest pursuant to Mo.Rev.Stat. § 408.040 because the verdict exceeded . . . It contends Empire was not its “representative” within the purview of Mo.Rev.Stat. § 408.040, and therefore . . . .1995), they have never explicitly addressed whether an insurer is a party’s “representative” under § 408.040 . . . The Missouri legislature enacted § 408.040 in the same bill as the collateral source rule, which refers . . .

GRAMC, v. MILLAR ELEVATOR COMPANY SCHINDLER ENTERPRISES,, 3 F. Supp. 2d 1082 (E.D. Mo. 1998)

. . . . § 408.040(2) (1994) for the sum of $50,000.00, and at the present time he values this matter at less . . . Further, plaintiff had sent defendant a demand letter pursuant to R.S.Mo. § 408.040(2) (1994), seeking . . .

v. AZRILYAN,, 31 F. Supp. 2d 707 (W.D. Mo. 1998)

. . . . § 408.040(1). . . .

MENDOTA INSURANCE COMPANY, v. HURST,, 965 F. Supp. 1282 (W.D. Mo. 1997)

. . . The letter provided in relevant part, as follows: In accordance with Missouri Revised Statute 408.040 . . . Stat. § 408.040, the Court awarded $90,-128.35 in prejudgment interest to the Hursts. . . . In each of the suits, the Hursts requested pre-judgment interest pursuant to Mo.Rev.Stat. § 408.040, . . . Mo.Rev.Stat. § 408.040. . . . Jenkins had admitted that a proper demand had been made under § 408.040 with respect to the wrongful . . .

MENDOTA INSURANCE COMPANY, v. HURST,, 965 F. Supp. 1290 (W.D. Mo. 1997)

. . . The letter provided in relevant part, as follows: In accordance with Missouri Revised Statute 408.040 . . . Pursuant to Mo.Rev.Stat. § 408.040, the Court awarded $90,123.35 in prejudgment interest to the Hursts . . . finds that the May 27, 1993, letter is insufficient as a matter of law to constitute a demand under § 408.040 . . . Stat. § 408.040, provides in relevant part that "[i]n tort actions, if a claimant has made a demand for . . .

A. GIBSON, IV, a A. v. M. MUSIL,, 844 F. Supp. 1579 (W.D. Mo. 1994)

. . . Subsection one of Section 408.040 specifies that interest shall accrue at the rate of nine percent per . . .

In HARRY,, 135 B.R. 625 (Bankr. E.D. Mo. 1992)

. . . Missouri Revised Statutes § 408.040 provides that nine percent per annum “Interest shall be allowed on . . .

COCA- COLA BOTTLING COMPANY OF ELIZABETHTOWN, INC. v. COCA- COLA COMPANY, a, 769 F. Supp. 599 (D. Del. 1991)

. . . . § 408.040(2); Ohlendorf v. . . .

LEWIS G. MOORE CO. v. MASSEY- FERGUSON, INC., 756 F. Supp. 424 (W.D. Mo. 1991)

. . . . § 408.040, is awarded to plaintiff and payable by defendant as of May 9, 1988 and accruing through . . .

MISSOURI v. JENKINS, AGYEI,, 491 U.S. 274 (U.S. 1989)

. . . 1979 and Supp. 1989), providing for prejudgment interest on money that becomes due and payable, and §408.040 . . . App. 1983) (§408.040). . . .

In P. SOVAL, F. WEBB, v. P. SOVAL,, 71 B.R. 690 (Bankr. E.D. Mo. 1987)

. . . Under Section 408.040, R.S.Mo., Webb is entitled to nine percent interest from July 26, 1985, the date . . .

In NEWMAN, L. WILLIAMS, v. E. A. MARTIN MACHINERY CO., 59 B.R. 670 (Bankr. W.D. Mo. 1986)

. . . See section 408.040 RSMo. . . .

B. ALEXANDER, v. NATIONAL FARMERS ORGANIZATION, v. ASSOCIATED MILK PRODUCERS, INC., 614 F. Supp. 745 (W.D. Mo. 1985)

. . . interest should be calculated at 9 percent per year in accordance with Missouri Revised Statutes § 408.040 . . .

MORRILL, Jr. v. BECTON, DICKINSON AND COMPANY,, 564 F. Supp. 1099 (E.D. Mo. 1983)

. . . Section 408.040 of the Revised Statutes of Missouri provides that plaintiff shall be allowed post-judgment . . .

MILGRAM FOOD STORES, INC. v. GELCO CORPORATION,, 550 F. Supp. 992 (W.D. Mo. 1982)

. . . . § 408.040 (Vernon Supp.1982). . . .

STINEMAN, v. FONTBONNE COLLEGE Jo, 664 F.2d 1082 (8th Cir. 1981)

. . . . § 408.040 (Supp. 1981) (Vernon’s). . . .

LLC CORPORATION, v. PENSION BENEFIT GUARANTY CORPORATION St., 537 F. Supp. 355 (E.D. Mo. 1981)

. . . . § 408.040. . . . The Court, after careful consideration, finds that Mo.Rev.Stat. § 408.040 does not “relate to any employee . . .

RYDER TRUCK RENTAL, INC. v. UNITED STATES FIDELITY AND GUARANTY COMPANY,, 527 F. Supp. 666 (E.D. Mo. 1981)

. . . . § 408.040, R.S.Mo., V.A.M.S. . . . .

W. DEPENDAHL, Jr. J. v. FALSTAFF BREWING CORPORATION, a C. CALHOUN, v. FALSTAFF BREWING CORPORATION, a, 653 F.2d 1208 (8th Cir. 1981)

. . . . § 408.040 (Vernon Supp.1981). . . . Mo.Ann.Stat. § 408.040 (Vernon Supp.1981) provides: Interest shall be allowed on all money due upon any . . .

OLD RELIABLE FIRE INSURANCE COMPANY, v. CASTLE REINSURANCE COMPANY, LIMITED, v. J. H. MINET CO. LTD., 507 F. Supp. 46 (E.D. Mo. 1981)

. . . . § 408.040 (1979). 10. . . .

FEDERAL BARGE LINES, INC. a Co. a v. REPUBLIC MARINE, INC. a, 616 F.2d 372 (8th Cir. 1980)

. . . . §§ 408.020, 408.040 (Vernon’s 1979). . . .

LYDIADE INVESTMENT TRUST, a v. UNITED STATES, 289 F. Supp. 507 (E.D. Mo. 1968)

. . . See §§ 473.403, 408.040, V.A.M.S. . . .