CODING: Words stricken are deletions; words underlined are additions.House Bill 2111
Florida House of Representatives - 1997 HB 2111
By Representative Mackey
1 A bill to be entitled
2 An act relating to health care facilities;
3 amending s. 408.039, F.S.; restricting who may
4 challenge or intervene in an administrative
5 proceeding relating to issuance or denial of a
6 certificate of need; providing an effective
7 date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Paragraph (b) of subsection (5) of section
12 408.039, Florida Statutes, 1996 Supplement, is amended to
13 read:
14 408.039 Review process.--The review process for
15 certificates of need shall be as follows:
16 (5) ADMINISTRATIVE HEARINGS.--
17 (b) Hearings shall be held in Tallahassee unless the
18 administrative law judge determines that changing the location
19 will facilitate the proceedings. In administrative
20 proceedings challenging the issuance or denial of a
21 certificate of need, only applicants considered by the
22 department in the same batching cycle are entitled to a
23 comparative hearing on their applications. Existing health
24 care facilities may initiate or intervene in such
25 administrative hearing upon a showing that an established
26 program will be substantially affected by the issuance of a
27 certificate of need to a competing proposed facility or
28 program within the same district, provided that existing
29 health care providers, other than the applicant, have no
30 standing or right to initiate or intervene in an
31 administrative hearing involving a health care project which
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 2111
59-328-97
1 is subject to certificate-of-need review solely on the basis
2 of s. 408.036(1)(c). A facility does not have standing to
3 challenge or intervene in an administrative proceeding
4 involving another facility unless both facilities are licensed
5 under the same licensing chapter. The department shall assign
6 proceedings requiring hearings to the Division of
7 Administrative Hearings of the Department of Management
8 Services within 10 days after the time has run to request a
9 hearing. Except upon unanimous consent of the parties or upon
10 the granting by the administrative law judge of a motion of
11 continuance, hearings shall commence within 60 days after the
12 administrative law judge has been assigned. All
13 non-state-agency parties shall bear their own expense of
14 preparing a transcript. In any application for a certificate
15 of need which is referred to the Division of Administrative
16 Hearings for hearing, the administrative law judge shall
17 complete and submit to the parties a recommended order as
18 provided in ss. 120.569 and 120.57. The recommended order
19 shall be issued within 30 days after the receipt of the
20 proposed recommended orders or the deadline for submission of
21 such proposed recommended orders, whichever is earlier. The
22 division shall adopt procedures for administrative hearings
23 which shall maximize the use of stipulated facts and shall
24 provide for the admission of prepared testimony.
25 Section 2. This act shall take effect July 1, 1997.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 2111
59-328-97
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2 HOUSE SUMMARY
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With respect to administrative proceedings relating to
4 issuance or denial of a certificate of need, provides
that a facility does not have standing to challenge or
5 intervene in a proceeding involving another facility
unless both facilities are licensed under the same
6 licensing chapter.
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