Florida Statutes

Fla. Stat. § 395.0185 (2025)

Rebates prohibited; penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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395.0185 Rebates prohibited; penalties.
(1) It is unlawful for any person to pay or receive any commission, bonus, kickback, or rebate or engage in any split-fee arrangement, in any form whatsoever, with any physician, surgeon, organization, or person, either directly or indirectly, for patients referred to a licensed facility.
(2) The agency shall enforce subsection (1). In the case of an entity not licensed by the agency, administrative penalties may include:
(a) A fine not to exceed $1,000.
(b) If applicable, a recommendation by the agency to the appropriate licensing board that disciplinary action be taken.
History.ss. 26, 30, ch. 82-182; ss. 10, 98, ch. 92-289; s. 42, ch. 2013-18.
Notes of Decisions
Cited in 2 cases, 2017–2018 · leading case: State Farm Mut. Auto. Ins. Co. v. Performance Orthapaedics & Neurosurgery, LLC, 315 F. Supp. 3d 1291 (S.D. Fla. 2018).
State Farm Mut. Auto. Ins. Co. v. Performance Orthapaedics & Neurosurgery, LLC, 315 F. Supp. 3d 1291 (S.D. Fla. 2018). · cites it 4× “Anti-Rebate Statute, Fla. Stat. § 395.0185 (2012) Pursuant to the Anti-Rebate Statute, it is "unlawful for any person to pay or receive any commission, bonus, kickback, or rebate or engage in any split-fee arrangement, in any form whatsoever, with any physician, surgeon,…”
State Farm Mut. Auto. Ins. Co. v. Performance Orthopaedics & Neurosurgery, LLC, 278 F. Supp. 3d 1307 (S.D. Fla. 2017). · cites it 2× “Essentially, State Farm argues that it “owed absolutely nothing for Defendants’ services,” Opp.”
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This Florida statute resource is curated by the lawyer who curates this resource, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 395 matters in the context of hospital liability and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.