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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) 140-164

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and insert:

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     (5)  ADMINISTRATIVE HEARINGS.--

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     (b)  Hearings shall be held in Tallahassee unless the

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administrative law judge determines that changing the location

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will facilitate the proceedings. The agency shall assign

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proceedings requiring hearings to the Division of Administrative

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Hearings of the Department of Management Services within 10 days

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after the time has expired for requesting a hearing. Except upon

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unanimous consent of the parties or upon the granting by the

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administrative law judge of a motion of continuance, hearings

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shall commence within 60 days after the administrative law judge

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has been assigned. For an application for a general hospital,

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administrative hearings shall be scheduled within 6 months after

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the administrative law judge has been assigned, and a continuance

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may not be granted absent a finding of extraordinary

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circumstances by the administrative law judge. All parties,

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except the agency, shall bear their own expense of preparing a

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transcript. In any application for a certificate of need which is

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referred to the Division of Administrative Hearings for hearing,

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the administrative law judge shall complete and submit to the

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parties a recommended order as provided in ss. 120.569 and

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120.57. The recommended order shall be issued within 30 days

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after the receipt of the proposed recommended orders or the

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deadline for submission of such proposed recommended orders,

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whichever is earlier. The division shall adopt procedures for

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administrative hearings which shall maximize the use of

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stipulated facts and shall provide for the admission of prepared

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testimony.

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     (c)  In administrative proceedings challenging the issuance

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or denial of a certificate of need, only applicants considered by

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the agency in the same batching cycle are entitled to a

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comparative hearing on their applications. Existing health care

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facilities may initiate or intervene in an administrative hearing

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upon a showing that an established program will be substantially

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affected by the issuance of any certificate of need, whether

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reviewed under s. 408.036(1) or (2), to a competing proposed

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facility or program within the same district. With respect to an

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application for a general hospital, competing applicants and only

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those existing hospitals that submitted a detailed written

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statement of opposition to an application as provided in this

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paragraph may initiate or intervene in an administrative hearing.

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Such challenges to a general hospital application shall be

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limited in scope to the issues raised in the detailed written

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statement of opposition that was provided to the agency. The

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administrative law judge may, upon a motion showing good cause,

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expand the scope of the issues to be heard at the hearing. Such

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motion shall include substantial and detailed facts and reasons

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for failure to include such issues in the original written

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statement of opposition.

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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.  Paragraphs (b) and (c) of subsection (5) of

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section 408.039, Florida Statutes, are amended 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) 11-14

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and insert:

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filing a letter of intent to file an application; limiting

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the period of a continuance that may be granted with

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respect to an administrative hearing considering an

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application for a general hospital; limiting the parties

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who may challenge in an administrative hearing involving

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an application for a certificate of need; limiting the

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scope of the challenge; authorizing the administrative

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judge to expand the scope of the issues to be heard upon a

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motion showing good cause; requiring that the

4/9/2008  5:10:00 PM     2-07197-08