SENATE AMENDMENT
Bill No. SB 968
Amendment No. ___ Barcode 363542
CHAMBER ACTION
Senate House
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11 Senators Clary and Klein moved the following amendment to
12 amendment (763044):
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14 Senate Amendment (with title amendment)
15 On page 1, line 23, after the period
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17 insert:
18 Section 2. Paragraph (c) of subsection (5) of section
19 408.039, Florida Statutes, is amended to read:
20 408.039 Review process.--The review process for
21 certificates of need shall be as follows:
22 (5) ADMINISTRATIVE HEARINGS.--
23 (c) In administrative proceedings challenging the
24 issuance or denial of a certificate of need, only applicants
25 considered by the agency in the same batching cycle are
26 entitled to a comparative hearing on their applications.
27 Existing health care facilities may initiate or intervene in
28 an administrative hearing only upon a showing that an
29 established program will be substantially affected by the
30 issuance of any certificate of need, whether reviewed under s.
31 408.036(1) or (2), to a competing proposed facility or program
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SENATE AMENDMENT
Bill No. SB 968
Amendment No. ___ Barcode 363542
1 within the same district, will create a substantial likelihood
2 that an established program will be forced into imminent
3 closure. An existing facility seeking to initiate or intervene
4 in such proceeding shall be required to place in escrow an
5 amount equal to the proposed project cost, but in no case less
6 than $500,000. Should the challenge to a certificate of need
7 application fail, and the application be approved by final
8 order not subject to appeal, the challenging existing facility
9 shall pay all costs of litigation, including attorney fees, as
10 well as the value of net revenues lost due to the delay in
11 implementation of the proposed project caused by such
12 litigation, to be determined by an administrative law judge of
13 the Division of Administrative Hearings. Such amounts shall be
14 taken first from the escrow account established for this
15 purpose, the balance to be considered enforceable as an
16 obligation created by final order of the agency. The
17 challenging facility may satisfy the escrow requirement with a
18 bond of sufficient type and amount.
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20 (Redesignate subsequent sections.)
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24 And the title is amended as follows:
25 On page 2, line 3, after the semicolon
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27 insert:
28 amending s. 408.039, F.S.; revising the review
29 process for certificates of need;
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