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Senator Peaden moved the following amendment:

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 165-180

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and insert:

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     (6)  JUDICIAL REVIEW.--

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     (d) The party appealing a final order that grants a general

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hospital certificate of need shall pay the appellee's attorney's

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fees and costs from the beginning of the original administrative

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action if the appealing party loses the appeal, subject to the

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following limitations and requirements:

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     1. Up to $1 million if the appealing hospital is a

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statutory teaching hospital pursuant to s. 408.07(45), a public

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hospital owned or operated by a governmental entity as defined in

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s. 395.002(11), or designated as a statutory rural hospital

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pursuant to s. 408.07(43);

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     2. Up to $2 million if the appealing hospital does not fall

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within the definitions enumerated in subparagraph 1.; and

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     3. The party appealing a final order must post a bond in

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the amount of $1 million in order to maintain the appeal.

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Except as provided under s. 120.595(5), in no event shall the

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agency be held liable for any other party's attorney's fees or

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costs.

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     Section 4. Subsection (3) of section 408.040, Florida

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Statutes, is repealed.

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     Section 5. The provisions of this act do not apply to a

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certificate of need application filed before the effective date

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of this act.

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     Section 6. If any provision of this act or its

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application to any person or circumstance is held invalid, the

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invalidity does not affect other provisions or applications of

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the act which can be given effect without the invalid provision

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or application, and to this end the provisions of this act are

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severable.

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====== D I R E C T O R Y  C L A U S E  A M E N D M E N T =====

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And the directory clause is amended as follows:

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     Delete line(s) 113-116

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and insert:

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     Section 3.  Paragraph (d) is added to subsection (6) of

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section 408.039, Florida Statutes, to read:

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 14-21

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and insert:

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application for a general hospital; requiring that the

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party appealing a final order granting a certificate of

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need for a general hospital pay the appellee's attorney's

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fees and costs subject to certain requirements; providing

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that the agency may not be held liable for any other

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party's attorney's fees or costs; repealing s. 408.040(3),

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F.S.; relating to a requirement for an architect's

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certification of final payment before issuance of a

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certificate of need; providing for application of the act;

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providing for severability; providing an effective date.

4/9/2008  8:49:00 PM     2-07248-08