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

All 6 cited Florida rules on ownership & corporate practice of medicine →

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