(1) An applicant for initial licensure, or initial licensure due to a change of ownership, as a home health agency, home medical equipment provider, or health care clinic shall:

(a) Demonstrate financial ability to operate, as required under s. 408.810(8) and this section. If the applicant’s assets, credit, and projected revenues meet or exceed projected liabilities and expenses, and the applicant provides independent evidence that the funds necessary for startup costs, working capital, and contingency financing exist and will be available as needed, the applicant has demonstrated the financial ability to operate.

Attorney's Note

Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:
Felony of the third degreeup to 5 yearsup to $5,000
For details, see Fla. Stat. § 775.082(3)(e)

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Terms Used In Florida Statutes 408.8065

  • Accepted: means that the agency has found that a report or data submitted by a health care facility or a health care provider contains all schedules and data required by the agency and has been prepared in the format specified by the agency, and otherwise conforms to applicable rule or Florida Hospital Uniform Reporting System manual requirements regarding reports in effect at the time such report was submitted, and the data are mathematically reasonable and accurate. See Florida Statutes 408.07
  • Agency: means the Agency for Health Care Administration, which is the licensing agency under this part. See Florida Statutes 408.803
  • Applicant: means an individual, corporation, partnership, firm, association, or governmental entity that submits an application for a license to the agency. See Florida Statutes 408.803
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Change of ownership: means :
    (a) An event in which the licensee sells or otherwise transfers its ownership to a different individual or entity as evidenced by a change in federal employer identification number or taxpayer identification number; or
    (b) An event in which 51 percent or more of the ownership, shares, membership, or controlling interest of a licensee is in any manner transferred or otherwise assigned. See Florida Statutes 408.803
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Home health agency: means an organization licensed under part III of chapter 400. See Florida Statutes 408.07
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means any permit, registration, certificate, or license issued by the agency. See Florida Statutes 408.803
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
  • Provider: means any activity, service, agency, or facility regulated by the agency and listed in…. See Florida Statutes 408.803
  • Services that require licensure: means those services, including residential services, that require a valid license before those services may be provided in accordance with authorizing statutes and agency rules. See Florida Statutes 408.803
(b) Submit projected financial statements, including a balance sheet, income and expense statement, and a statement of cash flows for the first 2 years of operation which provide evidence that the applicant has sufficient assets, credit, and projected revenues to cover liabilities and expenses.
(c) Submit a statement of the applicant’s estimated startup costs and sources of funds through the break-even point in operations demonstrating that the applicant has the ability to fund all startup costs, working capital costs, and contingency financing requirements. The statement must show that the applicant has at a minimum 3 months of average projected expenses to cover startup costs, working capital costs, and contingency financing requirements. The minimum amount for contingency funding may not be less than 1 month of average projected expenses.

All documents required under this subsection must be prepared in accordance with generally accepted accounting principles and may be in a compilation form. The financial statements must be signed by a certified public accountant.

(2) For initial, renewal, or change of ownership licenses for a home health agency, a home medical equipment provider, or a health care clinic, applicants and controlling interests who are nonimmigrant aliens, as described in 8 U.S.C. § 1101, must file a surety bond of at least $500,000, payable to the agency, which guarantees that the home health agency, home medical equipment provider, or health care clinic will act in full conformity with all legal requirements for operation.
(3) In addition to the requirements of s. 408.812, any person who offers services that require licensure under part VII or part X of chapter 400, or who offers skilled services that require licensure under part III of chapter 400, without obtaining a valid license; any person who knowingly files a false or misleading license or license renewal application or who submits false or misleading information related to such application, and any person who violates or conspires to violate this section, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.