UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): May 23, 2008

ACCENTIA BIOPHARMACEUTICALS, INC.

(Exact name of Registrant as Specified in its Charter)

Florida	000-51383	04-3639490
(State or other jurisdiction of incorporation or organization)	(Commission File Number)	(I.R.S. Employer Identification No.)

324 South Hyde Park Ave., Suite 350

Tampa, Florida 33606

(Address of Principal Executive Offices; Zip Code)

Registrant’s telephone number, including area code: (813) 864-2554

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2-(b))

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

ACCENTIA BIOPHARMACEUTICALS, INC.

FORM 8-K

Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.

On May 21, 2008, Accentia Biopharmaceuticals, Inc. (the “Company”) received notice from the Listing Qualifications Department of The NASDAQ Stock Market indicating that the Company has been approved to list its common stock on The NASDAQ Capital Market. The Company’s common stock will begin trading on The NASDAQ Capital Market, and will cease trading on The NASDAQ Global Market, at the opening of business on May 23, 2008. The trading symbol for the Company’s common stock remains “ABPI.”

Item 7.01. Regulation FD Disclosure.

The following information is being furnished under Item 7.01 of Form 8-K a Press release, dated May 23, 2008 entitled “Accentia Transfers Listing to NASDAQ Capital Market”, by the Company announcing the transfer of the listing of the Company’s common stock from the NASDAQ Global Market to the NASDAQ Capital Market. A copy of this press release is attached as Exhibit 99.1 to this Form 8-K;

This Current Report on Form 8-K sets forth statements that are not strictly historical in nature and such statements are referred to as “forward-looking statements.” The forward-looking statements in this Form 8-K include statements about our product development programs, clinical trials for our SinuNase product and potential future market opportunity. Such forward-looking statements are subject to known and unknown risks, uncertainties, and other factors that may cause our actual results to be materially different from any results expressed or implied by such forward-looking statements. These factors include, but are not limited to, risks and uncertainties related to the progress, timing, cost, and results of Accentia’s clinical trials and product development programs. All forward looking statements in this Form 8-K are qualified in their entirety by this cautionary statement, and we undertake no obligation to revise or update this news release to reflect events or circumstances after the date hereof.

Item 9.01 Financial Statements, Pro Forma Financial Information and Exhibits.

See the Exhibit Index set forth below for a list of exhibits included with this Form 8-K.

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Signature

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunder duly authorized.

ACCENTIA BIOPHARMACEUTICALS, INC.
By:	/s/ Samuel S. Duffey
	Samuel S. Duffey
	General Counsel

Date: May 23, 2008

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EXHIBIT INDEX

Exhibit Number	Description
99.1	Press Release dated May 23, 2008 titled: “Accentia Transfers Listing to NASDAQ Capital Market.”

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