Florida Regulations 59A-3.066: Licensure Procedure
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(1) No person or entity shall establish, conduct, or maintain a hospital in this state without first obtaining a license.
(2) All applicants or licensees requesting licensure for the operation of a hospital under the provisions of Florida Statutes Chapter 395, must make application to the Agency, on Health Care Licensing Application Hospital, AHCA Form 3130-8001, July 2022, incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-14971. Applicants for renewal and changes during licensure may submit the Health Care Licensing Online Application, Hospital, AHCA Form 3130-8001OL, July 2022, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14972. The application forms are available online at http://www.ahca.myflorida.com/HQAlicensureforms or, for online submissions, at: http://apps.ahca.myflorida.com/SingleSignOnPortal. Applicants must receive a standard or provisional license prior to the acceptance of patients for care or treatment.
(a) The following documents must be available for review by the Agency at the licensure inspection:
1. Governing authority bylaws, rules and regulations, or other written organization plan;
2. Organized professional staff bylaws, rules and regulations;
3. The hospital’s fire and Comprehensive Emergency Management Plans;
4. Roster of organized medical staff members;
5. Nursing procedure manual;
6. Roster of registered nurses, licensed practical nurses, emergency medical technicians and paramedics with current registration number; and
7. A copy of the child abuse and neglect policy as specified in Fl. Admin. Code R. 59A-3.280
(b) An application for initial licensure will not be accepted unless plans and specifications as required by Florida Statutes § 395.0163, have been received by the Agency’s Office of Plans and Construction.
(c) An application for a change of ownership will not be approved until the Agency receives written confirmation signed by the buyer and the seller that the ownership transfer is complete and specifying the effective date.
(d) An application for change during licensure period is required to amend the classification, addresses, emergency services, licensed programs, bed capacity and type, administrative personnel, board members, and less than 51% change of controlling interests.
(e) All permanent changes to the street address, hospital-based off-campus emergency departments and outpatient surgical center addresses, and the constructed bed capacity or bed type must be:
1. Approved by the Agency’s Office of Plans and Construction, pursuant to Florida Statutes § 395.0163, and Fl. Admin. Code R. 59A-3.080;
2. In compliance with life safety codes pursuant to Sections 408.811 and 395.0161, F.S., except the life safety code inspection for a change in bed type in which life safety requirements are identical may be postponed until the next scheduled inspection; and,
3. Amended on the license prior to occupancy.
(f) Evidence of medical malpractice insurance as provided for under Florida Statutes § 395.1061, must be submitted annually to the Agency.
(g) Upon receipt of a completed initial application the Agency will conduct an inspection of the facility to determine compliance with Florida Statutes Chapter 395, Part I, and Rules 69A-3.012 and 59A-3.065-.310, F.A.C.
(h) When the applicant and hospital are in compliance with Florida Statutes Chapter 395, Part I, and Rules 69A-3.012 and 59A-3.065 through 59A-3.310, F.A.C., and have received all approvals required by law, the Agency will issue a license.
(i) A single license number will be issued to a licensee for facilities located on separate premises, upon request of the applicant in accordance with Florida Statutes § 395.003(2) Each license certificate issued under a single license number will include the information listed in subsection (3) and shall have a common mailing address. There shall be one chief executive officer and one medical staff for the facilities issued a single license number.
(3) Each license will specifically state the name of the licensed operator of the hospital, the class of hospital, the emergency services, if applicable, licensed programs, bed capacity, and the name and location of the hospital.
(4) No licensed facility shall continuously operate a number of hospital beds greater than the number indicated by the Agency on the face of the license.
(5) Hospitals shall not lease a portion of their licensed beds to another entity or facility, except for hospices licensed pursuant to Florida Statutes Chapter 400, Part IV
(6) The collocation of any residential program on the premises of a licensed hospital requires prior approval from the agency, based on the following criteria:
(a) Health, safety, and welfare cannot be jeopardized for any individual;
(b) The essential needs of patients must be met; and,
(c) The facility must be staffed to meet the essential needs of patients.
(7) All hospitals must make available on their Internet websites a description of and link to the Agency’s webpage which contains the hospital patient charge and performance outcome data that is collected pursuant to Florida Statutes § 408.061(1) and, if requested, hospitals must provide a hard copy of the description and the link.
(8) Each hospital must designate a mailing address and a street address. All additional addresses under the administrative control of the hospital and operated as a department of the hospital must be identified as hospital-based off-campus emergency departments, outpatient surgery centers, urgent care centers, or off-site outpatient locations.
(9) Each hospital must be designated by a distinctive name, and the name may not be changed without first notifying the licensing agency and receiving approval in writing. Duplication of an existing hospital name is prohibited in new hospitals. Fictitious names must be registered with the Florida Department of State Division of Corporations, as required by the Department of State.
Rulemaking Authority 395.003, 395.004, 395.1055, 408.033, 408.819 FS. Law Implemented 395.003, 395.004, 395.0161, 395.1055, 408.033, 408.805, 408.806, 408.809, 408.811 FS. History-New 9-4-95, Amended 6-18-96, Formerly 59A-3.203, Amended 10-16-14, 1-16-23.
Terms Used In Florida Regulations 59A-3.066
- 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(a) The following documents must be available for review by the Agency at the licensure inspection:
1. Governing authority bylaws, rules and regulations, or other written organization plan;
2. Organized professional staff bylaws, rules and regulations;
3. The hospital’s fire and Comprehensive Emergency Management Plans;
4. Roster of organized medical staff members;
5. Nursing procedure manual;
6. Roster of registered nurses, licensed practical nurses, emergency medical technicians and paramedics with current registration number; and
7. A copy of the child abuse and neglect policy as specified in Fl. Admin. Code R. 59A-3.280
(b) An application for initial licensure will not be accepted unless plans and specifications as required by Florida Statutes § 395.0163, have been received by the Agency’s Office of Plans and Construction.
(c) An application for a change of ownership will not be approved until the Agency receives written confirmation signed by the buyer and the seller that the ownership transfer is complete and specifying the effective date.
(d) An application for change during licensure period is required to amend the classification, addresses, emergency services, licensed programs, bed capacity and type, administrative personnel, board members, and less than 51% change of controlling interests.
(e) All permanent changes to the street address, hospital-based off-campus emergency departments and outpatient surgical center addresses, and the constructed bed capacity or bed type must be:
1. Approved by the Agency’s Office of Plans and Construction, pursuant to Florida Statutes § 395.0163, and Fl. Admin. Code R. 59A-3.080;
2. In compliance with life safety codes pursuant to Sections 408.811 and 395.0161, F.S., except the life safety code inspection for a change in bed type in which life safety requirements are identical may be postponed until the next scheduled inspection; and,
3. Amended on the license prior to occupancy.
(f) Evidence of medical malpractice insurance as provided for under Florida Statutes § 395.1061, must be submitted annually to the Agency.
(g) Upon receipt of a completed initial application the Agency will conduct an inspection of the facility to determine compliance with Florida Statutes Chapter 395, Part I, and Rules 69A-3.012 and 59A-3.065-.310, F.A.C.
(h) When the applicant and hospital are in compliance with Florida Statutes Chapter 395, Part I, and Rules 69A-3.012 and 59A-3.065 through 59A-3.310, F.A.C., and have received all approvals required by law, the Agency will issue a license.
(i) A single license number will be issued to a licensee for facilities located on separate premises, upon request of the applicant in accordance with Florida Statutes § 395.003(2) Each license certificate issued under a single license number will include the information listed in subsection (3) and shall have a common mailing address. There shall be one chief executive officer and one medical staff for the facilities issued a single license number.
(3) Each license will specifically state the name of the licensed operator of the hospital, the class of hospital, the emergency services, if applicable, licensed programs, bed capacity, and the name and location of the hospital.
(4) No licensed facility shall continuously operate a number of hospital beds greater than the number indicated by the Agency on the face of the license.
(5) Hospitals shall not lease a portion of their licensed beds to another entity or facility, except for hospices licensed pursuant to Florida Statutes Chapter 400, Part IV
(6) The collocation of any residential program on the premises of a licensed hospital requires prior approval from the agency, based on the following criteria:
(a) Health, safety, and welfare cannot be jeopardized for any individual;
(b) The essential needs of patients must be met; and,
(c) The facility must be staffed to meet the essential needs of patients.
(7) All hospitals must make available on their Internet websites a description of and link to the Agency’s webpage which contains the hospital patient charge and performance outcome data that is collected pursuant to Florida Statutes § 408.061(1) and, if requested, hospitals must provide a hard copy of the description and the link.
(8) Each hospital must designate a mailing address and a street address. All additional addresses under the administrative control of the hospital and operated as a department of the hospital must be identified as hospital-based off-campus emergency departments, outpatient surgery centers, urgent care centers, or off-site outpatient locations.
(9) Each hospital must be designated by a distinctive name, and the name may not be changed without first notifying the licensing agency and receiving approval in writing. Duplication of an existing hospital name is prohibited in new hospitals. Fictitious names must be registered with the Florida Department of State Division of Corporations, as required by the Department of State.
Rulemaking Authority 395.003, 395.004, 395.1055, 408.033, 408.819 FS. Law Implemented 395.003, 395.004, 395.0161, 395.1055, 408.033, 408.805, 408.806, 408.809, 408.811 FS. History-New 9-4-95, Amended 6-18-96, Formerly 59A-3.203, Amended 10-16-14, 1-16-23.