Certificate of Need (CON) Program Overview

James McLemore, OMC Manager
Certificate of Need and Commercial Managed Care Unit

Bureau of Health Facility Regulation
2727 Mahan Drive, MS #28
Tallahassee, FL 32308
Florida Relay Services (TDD): (800) 955-8771
Telephone: (850) 412-4401
Fax: (850) 922-6059
Email CON-CMCU@ahca.myflorida.com

The Certificate of Need program is a regulatory process that requires certain health care providers to obtain state approval before offering certain new or expanded services. The CON program currently regulates hospices, skilled nursing facilities, intermediate care facilities for the developmentally disabled, and the establishment of new Class II, III, IV hospitals. It does not regulate outpatient services, home health services, purchases of major medical equipment, assisted living facilities, the establishment of Class I (general hospitals) or the addition of beds or services to Class I hospitals.

There are four CON batching cycles during a Calendar year two for Hospital Beds and Facilities and two for Other Beds and Programs. Most projects are reviewed on a competitive batching cycle review basis, and a letter of intent must be filed with the CON Office at least 30 days before an application is filed. A letter of intent is not required for projects that will be given a non-competitive, expedited review.

Public hearings may be held on a CON application if requested by the applicant or another affected party. CON decisions are rendered 60 days after an application is declared complete by the Agency. Notices of hearings, decisions and other actions regarding CON that are required by law are published in the Florida Administrative Register. Applicants or other affected parties may appeal a decision of the agency according to the provisions of Section 59C-1.012, F.A.C. and Chapter 120, F.S.

The CON Office monitors implementation of an approved project until it is licensed. CONs that were approved with conditions are monitored every year to assure that the required services are being provided.

Any questions regarding whether a project is subject to CON review or the CON process may be sent to James McLemore or call at 850-412-4401.

Media Relations Contact for Reporters:
Reporters are asked to contact the Agency's Media Relations Unit for information on CON applications, decisions, or any other Certificate of Need related issue at 850-412-3623.


Pursuant to HB 21, effective July 1, 2019, Class I hospitals (including all bed types and tertiary services) and bed additions to existing licensed hospitals are no longer regulated by the Certificate of Need (CON) office. Therefore, condition compliance will no longer be monitored for these facilities and beds. The establishment of any Class II, III or IV hospital continues to be regulated by CON and will require a condition compliance report (if applicable) for CY 2019 (due no later than April 1, 2020). Nursing homes, hospices and ICF/DDs also continue to require condition compliance if applicable.

The Hospital Facilities and Hospice: 2nd Batching Cycle 2020 was cancelled pursuant to the Agency's Emergency Order 20-004 dated July 17, 2020.

Emergency Order 20-004