The Florida Senate

651.021  Certificate of authority required.--

(1)  No person may engage in the business of providing continuing care or issuing continuing care agreements or construct a facility for the purpose of providing continuing care in this state without a certificate of authority therefor obtained from the department as provided in this chapter. This subsection shall not be construed to prohibit preparation of the construction site or construction of a model residence unit for marketing purposes, or both. The department may allow the purchase of an existing building for the purpose of providing continuing care if the department determines that the purchase is not being made for the purpose of circumventing the prohibitions contained in this section.

(2)(a)  Before commencement of construction or marketing for any expansion of a certificated facility equivalent to the addition of at least 20 percent of existing units, written approval must be obtained from the department. This provision does not apply to construction for which a certificate of need from the Agency for Health Care Administration is required.

(b)  The application for such approval shall be on forms provided by the department. The application shall include the feasibility study required by s. 651.022(3) or s. 651.023(1)(b) and such other information as required by s. 651.023.

(c)  In determining whether an expansion should be approved, the department shall utilize the criteria provided in ss. 651.022(6) and 651.023(2).

History.--s. 1, ch. 77-323; ss. 3, 25, ch. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 3, 31, 33, 35, ch. 83-328; s. 1, ch. 86-209; s. 1, ch. 89-363; ss. 1, 12, ch. 93-22; s. 275, ch. 99-8.