The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

BROWN, v. STATE STATE v. THOMAS, STATE v. KIRKLAND,, 629 So. 2d 841 (Fla. 1994)

. . . with an array of acts which, although arguably well intended, might be deemed punishable under section 400.17 . . . invitation to decide whether these hypothetical acts would fall within the proscriptions of section 400.17 . . . The fact that the general conduct to which section 400.17(2)(a) is directed is plainly within its terms . . .

In E. TYSON A., 145 B.R. 91 (Bankr. M.D. Fla. 1992)

. . . $9,435.64 asserting a priority claim for $9,035.47 and a general unsecured claim in the amount of $400.17 . . .

R. SANDSTROM, v. N. LEADER, 370 So. 2d 3 (Fla. 1979)

. . . Circuit Court for Dade County, Florida, which initially and directly passed upon the validity of section 400.17 . . . The issue presented is whether section 400.17(2)(a), which in pertinent part proscribes the solicitation . . . Accordingly, the judge found “that Section 400.17, Florida Statutes, 1977, is . void.” . . . For the following reasons, we conclude that the trial judge erred in finding section 400.17, Florida . . . Section 400.17(2)(a) delineates the proscribed conduct with sufficient specificity. . . .