In Florida, may a non-clinical owner or manager be paid a share of revenue?
Ownership · part of The Practice Perimeter
Short answer
The cited rules do not settle this — none caps owner pay, and non-physician ownership isn't barred; the kickback ban reaches only payments made to induce patient referrals that aren't tax deductible as an ordinary and necessary business expense.
⚠️ Florida’s kickback ban is broad and it is criminal in form. “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.” Four verbs and four adverbial pairs — the drafting is designed to catch arrangements dressed up as something else.
Fla. Stat. § 456.054(2) · verified Sep 2, 2026 · regulatory monitoring, not legal advice
Related Florida rules
And the definition turns on a tax test, which is unusual. “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.” a marketing payment that is a genuine ordinary and necessary business expense sits outside the definition; one that is not, does not.
Fla. Stat. § 456.054(1) · verified Sep 2, 2026
Unlike some states, Florida does not broadly prohibit non-physician ownership of a medical practice or med spa; ownership is governed by the Health Care Clinic Act rather than a corporate-practice-of-medicine prohibition.
Fla. Stat. §400.990 · verified Jul 26, 2026
How other states answer this
- Alaska
- Arizona
- California
- Colorado
- Delaware
- District of Columbia
- Georgia
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Nebraska
- Nevada
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
Related Florida questions
- Can a non-physician own a med spa in Florida?
- What limits does Florida place on a med spa's business structure?
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← All Florida rules and changes · MedSpaRadar is regulatory monitoring and reference: it summarizes public laws, regulations and agency actions and links each to its source. It is not legal, medical, or compliance advice, and using it creates no attorney-client relationship. A summary can lag its source or leave out detail, and monitoring itself can be interrupted — so an absence of alerts means nothing reached you, not that nothing happened. Read the cited source, check its effective date, and confirm any change to your operations or clinical practice with qualified health-law counsel and your medical director. Legislative data via LegiScan (CC BY 4.0).