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Senator Peaden moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 99-139

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and insert:

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     (2) An application for a certificate of need for a general

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hospital must contain a detailed description of the proposed

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general hospital project and a statement of its purpose and the

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needs it will meet. The proposed project's location, as well as

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its primary and secondary service areas, must be identified by

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zip code. Primary service area is defined as the zip codes from

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which the applicant projects that it will draw 75 percent of its

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discharges. Secondary service area is defined as the zip codes

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from which the applicant projects that it will draw its remaining

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discharges. In addition, the application for the certificate of

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need must include a statement of intent that, if approved by

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final order of the agency, the application for licensure pursuant

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to ss.395.003 and 408.810 will include the items found in

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subparagraph (1)(b)3. and paragraph (1)(c).

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     (3)(2) The applicant must certify that it will license and

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operate the health care facility. For an existing health care

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facility, the applicant must be the licenseholder of the

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facility.

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     Section 3.  Subsection (3) of section 408.039, Florida

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Statutes, is amended, to read:

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     408.039  Review process.--The review process for

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certificates of need shall be as follows:

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     (3)  APPLICATION PROCESSING.--

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     (a)  An applicant shall file an application with the agency

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and shall furnish a copy of the application to the agency. Within

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15 days after the applicable application filing deadline

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established by agency rule, the staff of the agency shall

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determine if the application is complete. If the application is

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incomplete, the staff shall request specific information from the

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applicant necessary for the application to be complete; however,

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the staff may make only one such request. If the requested

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information is not filed with the agency within 21 days after the

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receipt of the staff's request, the application shall be deemed

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incomplete and deemed withdrawn from consideration.

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     (b)  Upon the request of any applicant or substantially

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affected person within 14 days after notice that an application

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has been filed, a public hearing may be held at the agency's

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discretion if the agency determines that a proposed project

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involves issues of great local public interest. In such cases,

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the agency shall attend the public hearing. The public hearing

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shall allow applicants and other interested parties reasonable

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time to present their positions and to present rebuttal

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information. A recorded verbatim record of the hearing shall be

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maintained. The public hearing shall be held at the local level

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within 21 days after the application is deemed complete.

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     (c) Except for competing applicants, in order to be

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eligible to challenge the agency decision on a general hospital

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application under review pursuant to paragraph (5)(c), existing

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hospitals must submit a detailed written statement of opposition

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to the agency and to the applicant. The detailed written

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statement must be received by the agency and the applicant within

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21 days after the general hospital application is deemed

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complete.

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     (d) In those cases where a written statement of opposition

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has been timely filed regarding a certificate of need application

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for a general hospital, the applicant for the general hospital

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may submit a written response to the agency. Such response must

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be received by the agency within 10 days of the written statement

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due date.

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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) 6-11

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and insert:

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hospital; amending s. 408.037, F.S.; revising the

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requirements for an application for a certificate of need

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by an applicant for a general hospital; amending s.

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408.039, F.S.; requiring the agency to attend public

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hearings on such applications; requiring an existing

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hospital to submit a written statement of opposition in

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order to challenge the agency decision on an application

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for a certificate of need for a general hospital;

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authorizing the applicant to submit a written response;

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limiting.

4/9/2008  5:03:00 PM     2-07065B-08