Florida Statutes
Fla. Stat. § 456.054 (2025)
Kickbacks prohibited.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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456.054 Kickbacks prohibited.—
(1) As used in this section, the term “kickback” means a remuneration or payment, by or on behalf of a provider of health care services or items, to any person as an incentive or inducement to refer patients for past or future services or items, when the payment is not tax deductible as an ordinary and necessary expense.
(2) It is unlawful for any health care provider or any provider of health care services to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients.
(3)(a) It is unlawful for any person or any entity to pay or receive, directly or indirectly, a commission, bonus, kickback, or rebate from, or to engage in any form of a split-fee arrangement with, a dialysis facility, health care practitioner, surgeon, person, or entity for referring patients to a clinical laboratory as defined in s. 483.803.
(b) It is unlawful for any clinical laboratory to:
1. Provide personnel to perform any functions or duties in a health care practitioner’s office or dialysis facility for any purpose, including for the collection or handling of specimens, directly or indirectly through an employee, contractor, independent staffing company, lease agreement, or otherwise, unless the laboratory and the practitioner’s office, or dialysis facility, are wholly owned and operated by the same entity.
2. Lease space within any part of a health care practitioner’s office or dialysis facility for any purpose, including for the purpose of establishing a collection station where materials or specimens are collected or drawn from patients.
(4) Violations of this section shall be considered patient brokering and shall be punishable as provided in s. 817.505.
History.—s. 8, ch. 92-178; s. 2, ch. 96-152; s. 79, ch. 97-261; s. 8, ch. 99-204; s. 78, ch. 2000-160; s. 6, ch. 2006-305; s. 91, ch. 2018-24.
Note.—Former s. 455.237; s. 455.657.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 2001–2025 · 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). “Anti-Kickback Statute, Fla. Stat. § 456.054 (2012) The Anti-Kickback Statute makes it "unlawful for any health care provider .”
Harris v. Gonzalez, 789 So. 2d 405 (Fla. 4th DCA 2001). “[5] The current version of this statute is section 456.054, Florida Statutes (2000), and it contains the following additional subsection: (3) Violations of this section shall be considered patient brokering and shall be punishable as provided in s.”
Univ. Med. Clinics, Inc. v. Quality Health Plans, Inc., 51 So. 3d 1191 (Fla. 4th DCA 2011). “§§ 1320a-7b(b)(1)-(2); § 456.054, Fla. Stat.”
State Farm Mut. Auto. Ins. v. Physicians Grp. of Sarasota, L.L.C., 9 F. Supp. 3d 1303 (M.D. Fla. 2014). “053), the Anti-Kickback Statute (Fla.Stat. § 456.054), the Deceptive and Unfair Trade Practices Act ( Fla.”
United Healthcare Servs., Inc. v. Sanctuary Surgical Centre, Inc., 5 F. Supp. 3d 1350 (S.D. Fla. 2014). “505 and Anti-Kickback Statute, Fla. Stat. § 456.054 , as well as the prohibition against physician fee-splitting, § Fla.”
Visiting Nurse Ass'n of Florida, Inc. v. Jupiter Med. Ctr., 154 So. 3d 1115 (Fla. 2014). “ecifically, JMC argued that the arbitration panel issued the award based on an erroneous construction of the parties’ purchase agreement as an unlawful agreement to make, influence, and steer future patient referrals to VNA in exchange for remuneration in direct violation of…”
Gov't Emps. Ins. Co. v. Quality Diagnostic Health Care, Inc., 369 F. Supp. 3d 1292 (S.D. Fla. 2019). “505 ("Patient Brokering Act"), and Florida's Anti-Kickback Statute, Fla Stat. § 456.054 ("Anti-Kickback Statute") when, in fact, Quality was actually non-compliant with the Clinic Act, the Patient Brokering Act, and the Anti-Kickback Statute, and thus Quality was not eligible to…”
Reg. Mri of Orlando v. Nationwide Mut. Fire, 884 So. 2d 1102 (Fla. 5th DCA 2004). “[4] Section 456.054 prohibits kickbacks and states: (1) As used in this section, the term "kickback" means a remuneration or payment back pursuant to an investment interest, compensation arrangement, or otherwise, by a provider of health care services or items, of a portion of…”
State Farm Mut. Auto. Ins. Co. v. Spine Centers of Am., Inc. (M.D. Fla. 2025). “505, Florida Statutes (prohibiting paying or receiving any type of “bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind” for referring patients to or from a health care provider) and section 456.054(2), Florida Statutes (prohibiting any health care…”
Visiting Nurse Ass'n of Florida, Inc. v. Jupiter Med. Ctr., Inc. (Fla. 2014). “ecifically, JMC argued that the arbitration panel issued the award based on an erroneous construction of the parties’ purchase agreement as an unlawful agreement to make, influence, and steer future patient referrals to VNA in exchange for remuneration in direct violation of…”
— 456.054(1) — 1 case
State Farm Mut. Auto. Ins. Co. v. Performance Orthapaedics & Neurosurgery, LLC, 315 F. Supp. 3d 1291 (S.D. Fla. 2018). “Anti-Kickback Statute, Fla. Stat. § 456.054 (2012) The Anti-Kickback Statute makes it "unlawful for any health care provider .”
— 456.054(2) — 1 case
State Farm Mut. Auto. Ins. Co. v. Spine Centers of Am., Inc. (M.D. Fla. 2025). “505, Florida Statutes (prohibiting paying or receiving any type of “bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind” for referring patients to or from a health care provider) and section 456.054(2), Florida Statutes (prohibiting any health care…”
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