eLaws of Florida

  SECTION 400.17. Bribes, kickbacks, certain solicitations prohibited.  


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  • 1(1) 2As used in this section, the term:
    9(a) 10“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.
    37(b) 38“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.
    81(2) 82Whoever furnishes items or services directly or indirectly to a nursing home resident and solicits, offers, or receives any:
    101(a) 102Kickback or bribe in connection with the furnishing of such items or services or the making or receipt of such payment; or
    124(b) 125Return of part of an amount given in payment for referring any such individual to another person for the furnishing of such items or services;

    150is guilty of a misdemeanor of the first degree, punishable as provided in s. 164775.082 165or by fine not exceeding $5,000, or both.

    174(3) 175No 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.
    221(4) 222Solicitation 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.
    278(5) 279The 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.

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