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Addiction treatment marketing rules in Florida
What you can claim, how you can pay for referrals, and where Florida diverges from the federal floor. Derived from the live ruleset library.
Yes. Florida has its own addiction-treatment marketing law, and Pre-Trip carries it as a live, human-reviewed ruleset, last verified 2026-07-23. On top of the federal floor that applies everywhere (EKRA, 42 CFR Part 2, and the FTC Act), Florida adds state-specific limits on what you can claim and how you can pay for referrals. A clean pass here means the copy cleared both layers.
Fla. Stat. 397.55 (deceptive marketing prohibition; (1)(c) routes violations to the criminal Patient Brokering Act; other violations are first-degree misdemeanors). Fla. Stat. 817.505 (Patient Brokeri
Every Florida scan also runs the always-on federal layer: 42 CFR Part 2 confidentiality and FTC endorsement rules in addic, Platform certification requirements for addiction treatment adve, EKRA referral remuneration in marketing copy, FTC deceptive health claims and endorsements. A ruleset counts toward a clean pass only while it is published, matches its content hash, and its review clock is fresh, which is why the date above is load-bearing.
The claim types Florida law puts off-limits in treatment marketing. Each is compiled from the cited section; the scanner reads your copy for them, and the patterns stay on the server.
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High riskPromises of cure or guarantees of treatment success for substance use disorder.
Promises of cure or guarantees of treatment defeat the 817.505(3)(i) information-services exception outright (its conditions include: makes no promises of cure or guarantees of treatment) and are deceptive marketing under 397.55. Losing the exception exposes brokering-adjacent arrangements to the Patient Brokering Act's criminal tiers under 817.505(4): a third-degree felony and $50,000 fine at baseline, a second-degree felony and $100,000 for offenses involving 10 to 19 patients, and a first-degree felony and $500,000 for 20 or more patients.
Fla. Stat. 817.505(3)(i) and (4); Fla. Stat. 397.55
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High riskOffers of free or covered travel, airfare, lodging, or scholarship beds as an inducement to enter treatment.
Travel and lodging inducements are classic patient-brokering consideration under Fla. Stat. 817.505 and deceptive marketing under 397.55; the 817.505(4) tiers scale to a first-degree felony and $500,000 fine at 20 or more patients.
Fla. Stat. 817.505; Fla. Stat. 397.55
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High riskOffering to provide or arrange transportation to treatment or admission.
Providing or arranging transportation defeats the 817.505(3)(i) information-services exception (its conditions include: does not provide or arrange transportation) and functions as brokering consideration under the Act, with 817.505(4) exposure tiered from a third-degree felony and $50,000 to a first-degree felony and $500,000 at 20 or more patients.
Fla. Stat. 817.505(3)(i) and (4)
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FlagA directory, helpline, or placement service describing itself as independent, unbiased, or neutral in copy that routes callers to treatment providers.
Fla. Stat. 397.55(1)(b) prohibits false or misleading website information and surreptitious redirection to other providers; an independence claim by a service that in fact routes to fee-paying providers is the copy-visible face of that violation. Violations outside the criminal route are first-degree misdemeanors; (1)(c) conduct routes to the 817.505 criminal tiers.
Fla. Stat. 397.55(1)(b) and (1)(c)
The exposure Florida attaches to a marketing violation, by tier. Exact amounts and elements live in the cited statute.
- CriminalPatient-brokering or referral-payment conduct can carry criminal exposure. The tier is in the cited statute.
- CivilCivil penalties per violation and deceptive-practices exposure. Amounts are in the cited section.
What the scanner does with two versions of the same idea. The flagged line is rendered the way Pre-Trip renders a finding; the clean line is a pass.
Our program guarantees your recovery from addiction, for good.
A promise of cure or a guaranteed outcome for substance use disorder. Outcomes cannot be guaranteed, and the claim is unsubstantiated on its face.
Cure and guarantee claims · Fla. Stat. 397.55
Our program gives people the tools and the support to build lasting recovery.
Describes the service and the support without promising a guaranteed result.
Florida and federal sources
- Fla. Stat. 397.55 primary
- Fla. Stat. 817.505 (Patient Brokering Act) primary
- Fla. Stat. 501.605 (Telemarketing Act licensure) primary
- FAC 5J-6.005 (Substance Abuse Marketing Service Provider license)
- 42 C.F.R. Part 2 (eCFR current text) primary
- 16 C.F.R. Part 255 Endorsement Guides primary
- HHS fact sheet, 42 CFR Part 2 Final Rule (2024)
- 15 U.S.C. 45d (OARFPA 2018) primary
- Google Ads Healthcare and medicines policy primary
Pre-Trip is a rigorous screen, not legal advice. Counsel decides; we help you arrive prepared. Coverage for Florida reflects the library as of the build and changes as the law does.