HOUSE AMENDMENT
Bill No. CS for SB 910, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5 ORIGINAL STAMP BELOW
6
7
8
9
10 ______________________________________________________________
11 Representative(s) Cantens offered the following:
12
13 Amendment (with title amendment)
14 On page 11, between lines 20 and 21, of the bill
15
16 insert:
17 Section 6. Paragraph (c) of subsection (5) of section
18 408.039, Florida Statutes, is amended to read:
19 408.039 Review process.--The review process for
20 certificates of need shall be as follows:
21 (5) ADMINISTRATIVE HEARINGS.--
22 (c) In administrative proceedings challenging the
23 issuance or denial of a certificate of need, only applicants
24 considered by the agency in the same batching cycle are
25 entitled to a comparative hearing on their applications.
26 Existing health care facilities may initiate or intervene in
27 an administrative hearing only upon a showing that an
28 established program will be substantially affected by the
29 issuance of any certificate of need, whether reviewed under s.
30 408.036(1) or (2), to a competing proposed facility or program
31 within the same district will create a substantial likelihood
1
File original & 9 copies 05/04/01
hbd0001 12:55 pm 00910-0114-551687
HOUSE AMENDMENT
Bill No. CS for SB 910, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 that an established program will be forced into imminent
2 closure. An existing facility seeking to initiate or intervene
3 in such proceeding shall be required to place in escrow an
4 amount equal to the proposed project cost, but in no case less
5 than $500,000. Should the challenge to a certificate of need
6 application fail, and the application be approved by final
7 order not subject to appeal, the challenging existing facility
8 shall pay all costs of litigation, including attorney fees, as
9 well as the value of net revenues lost due to the delay in
10 implementation of the proposed project caused by such
11 litigation, to be determined by an administrative law judge of
12 the Division of Administrative Hearings. Such amounts shall be
13 taken first from the escrow account established for this
14 purpose, the balance to be considered enforceable as an
15 obligation created by final order of the agency. The
16 challenging facility may satisfy the escrow requirement with a
17 bond of sufficient type and amount.
18
19
20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 On page 1, line 17, after the semicolon
23
24 insert:
25 amending s. 408.039, F.S.; revising conditions
26 under which existing health care facilities may
27 initiate or intervene in an administrative
28 hearing to challenge the issuance or denial of
29 a certificate of need; providing requirements
30 for such facilities; requiring such facilities
31 to pay specified costs under certain
2
File original & 9 copies 05/04/01
hbd0001 12:55 pm 00910-0114-551687
HOUSE AMENDMENT
Bill No. CS for SB 910, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 circumstances;
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
File original & 9 copies 05/04/01
hbd0001 12:55 pm 00910-0114-551687