Florida Statute 400.17 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES

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F.S. 400.17

400.17 Bribes, kickbacks, certain solicitations prohibited.—

(1) As used in this section, the term:

(a) “Bribe” means any consideration corruptly given, received, promised, solicited, or offered to any individual with intent or purpose to influence the performance of any act or omission.

(b) “Kickback” means that part of the payment for items or services which is returned to the payor by the provider of such items or services with the intent or purpose to induce the payor to purchase the items or services from the provider.

(2) Whoever furnishes items or services directly or indirectly to a nursing home resident and solicits, offers, or receives any:

(a) Kickback or bribe in connection with the furnishing of such items or services or the making or receipt of such payment; or

(b) Return of part of an amount given in payment for referring any such individual to another person for the furnishing of such items or services;

is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by fine not exceeding $5,000, or both.

(3) No person shall, in connection with the solicitation of contributions to nursing homes, willfully misrepresent or mislead anyone, by any manner, means, practice, or device whatsoever, to believe that the receipts of such solicitation will be used for charitable purposes, if such is not the fact.

(4) Solicitation of contributions of any kind in a threatening, coercive, or unduly forceful manner by or on behalf of a nursing home by any agent, employee, owner, or representative of a nursing home shall be grounds for denial, suspension, or revocation of the license for any nursing home on behalf of which such contributions were solicited.

(5) The admission, maintenance, or treatment of a nursing home resident whose care is supported in whole or in part by state funds may not be made conditional upon the receipt of any manner of contribution or donation from any person. However, this may not be construed to prohibit the offer or receipt of contributions or donations to a nursing home which are not related to the care of a specific resident. Contributions solicited or received in violation of this subsection shall be grounds for denial, suspension, or revocation of a license for any nursing home on behalf of which such contributions were solicited.

History.—s. 16, ch. 69-309; s. 16, ch. 70-361; s. 3, ch. 76-168; s. 3, ch. 76-201; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 22, 79, 83, ch. 83-181; s. 30, ch. 93-177; s. 49, ch. 93-217.

F.S. 400.17 on Google Scholar

F.S. 400.17 on Casetext

Amendments to 400.17

Arrestable Offenses / Crimes under Fla. Stat. 400.17

Level: Degree
Misdemeanor/Felony: First/Second/Third

S400.17 - BRIBERY - NURSING HOME BRIBE KICKBACK - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 400.17

Total Results: 5

Wright v. Frankel

Court: District Court of Appeal of Florida | Date Filed: 2007-10-03

Citation: 965 So. 2d 365, 2007 WL 2847951

Snippet: City Center development in the amounts of $16,115,400, $17,670,000, $19,490,000, $155,000, and $1,635,000

Brown v. State

Court: Supreme Court of Florida | Date Filed: 1994-01-06

Citation: 629 So. 2d 841, 1994 WL 1904

Snippet: intended, might be deemed punishable under section 400.17(2)(a). We are constrained by fundamental principles

Cordes v. State, Department of Environmental Regulation

Court: District Court of Appeal of Florida | Date Filed: 1991-06-11

Citation: 582 So. 2d 652, 1991 Fla. App. LEXIS 5583, 1991 WL 104640

Snippet: engineering practice as required by rules 17-610.400, 17-610.419, 17-610.423. Both the Department’s expert

Sandstrom v. Leader

Court: Supreme Court of Florida | Date Filed: 1979-03-22

Citation: 370 So. 2d 3

Snippet: of section 400.17, Florida Statutes (1977). The issue presented is whether section 400.17(2)(a), which

State ex rel. Burr v. Tavarse & Gulf Railroad

Court: Supreme Court of Florida | Date Filed: 1919-08-12

Citation: 78 Fla. 329

Snippet: decision in Savannah & O. Canal Co. v. Shuman, 91 Ga. 400, 17 S. E. Rep. 937, is not in accord with this rule