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F.S. 465.015 on Google Scholar

F.S. 465.015 on Casetext

Amendments to 465.015


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 465
PHARMACY
View Entire Chapter
F.S. 465.015 Florida Statutes and Case Law
465.015 Violations and penalties.—
(1) It is unlawful for any person to own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a pharmacy:
(a) Which is not registered under the provisions of this chapter.
(b) In which a person not licensed as a pharmacist in this state or not registered as an intern in this state or in which an intern who is not acting under the direct and immediate personal supervision of a licensed pharmacist fills, compounds, or dispenses any prescription or dispenses medicinal drugs.
(2) It is unlawful for any person:
(a) To make a false or fraudulent statement, either for herself or himself or for another person, in any application, affidavit, or statement presented to the board or in any proceeding before the board.
(b) To fill, compound, or dispense prescriptions or to dispense medicinal drugs if such person does not hold an active license as a pharmacist in this state, is not registered as an intern in this state, or is an intern not acting under the direct and immediate personal supervision of a licensed pharmacist.
(c) To sell or dispense drugs as defined in s. 465.003 without first being furnished with a prescription.
(d) To sell samples or complimentary packages of drug products.
(3) It is unlawful for any pharmacist to knowingly fail to report to the sheriff or other chief law enforcement agency of the county where the pharmacy is located within 24 hours after learning of any instance in which a person obtained or attempted to obtain a controlled substance, as defined in s. 893.02, or at the close of business on the next business day, whichever is later, that the pharmacist knew or believed was obtained or attempted to be obtained through fraudulent methods or representations from the pharmacy at which the pharmacist practiced pharmacy. Any pharmacist who knowingly fails to make such a report within 24 hours after learning of the fraud or attempted fraud or at the close of business on the next business day, whichever is later, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A sufficient report of the fraudulent obtaining of controlled substances under this subsection must contain, at a minimum, a copy of the prescription used or presented and a narrative, including all information available to the pharmacist concerning the transaction, such as the name and telephone number of the prescribing physician; the name, description, and any personal identification information pertaining to the person who presented the prescription; and all other material information, such as photographic or video surveillance of the transaction.
(4)(a) It is unlawful for any person other than a pharmacist licensed under this chapter to use the title “pharmacist” or “druggist” or otherwise lead the public to believe that she or he is engaged in the practice of pharmacy.
(b) It is unlawful for any person other than an owner of a pharmacy registered under this chapter to display any sign or to take any other action that would lead the public to believe that such person is engaged in the business of compounding, dispensing, or retailing any medicinal drugs. This paragraph shall not preclude a person not licensed as a pharmacist from owning a pharmacy.
(c) It is unlawful for a person, firm, or corporation that is not licensed or registered under this chapter to:
1. Use in a trade name, sign, letter, or advertisement any term, including “drug,” “pharmacy,” “prescription drugs,” “Rx,” or “apothecary,” which implies that the person, firm, or corporation is licensed or registered to practice pharmacy in this state.
2. Hold himself or herself out to others as a person, firm, or corporation licensed or registered to practice pharmacy in this state.
(d) It is unlawful for a person who is not registered as a pharmacy technician under this chapter or who is not otherwise exempt from the requirement to register as a pharmacy technician, to perform the functions of a registered pharmacy technician, or hold himself or herself out to others as a person who is registered to perform the functions of a registered pharmacy technician in this state.
(5) Any person who violates any provision of subsection (1) or subsection (4) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates any provision of subsection (2) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In any warrant, information, or indictment, it shall not be necessary to negative any exceptions, and the burden of any exception shall be upon the defendant.
History.—ss. 1, 7, ch. 79-226; ss. 2, 3, ch. 81-318; ss. 11, 26, 27, ch. 86-256; s. 59, ch. 91-137; s. 6, ch. 91-156; s. 91, ch. 91-224; s. 4, ch. 91-429; s. 243, ch. 97-103; s. 121, ch. 99-397; s. 55, ch. 2000-318; s. 2, ch. 2004-25; s. 5, ch. 2008-216; s. 10, ch. 2011-141; s. 19, ch. 2016-145; s. 17, ch. 2022-35.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 465.015 on Google Scholar

F.S. 465.015 on Casetext

Amendments to 465.015


Arrestable Offenses / Crimes under Fla. Stat. 465.015
Level: Degree
Misdemeanor/Felony: First/Second/Third

465.015 1a - HEALTH-SAFETY - OWN OPERATE NON REGISTERED PHARMACY - M: F
465.015 1b - HEALTH-SAFETY - OWN OPERATE PHARMACY WO LICENSED PHARMACIST - M: F
465.015 2a - FRAUD-FALSE STATEMENT - ON APPLICATION FOR LICENSED PHARMACY - F: T
465.015 2b - DRUGS-HEALTH OR SAFETY - DISPENSE PRESCRIPTION WO LICENSE - F: T
465.015 2c - DRUGS-HEALTH OR SAFETY - SELL DISPENSE DRUGS WO PRESCRIPTION - F: T
465.015 2d - DRUGS-HEALTH OR SAFETY - SELL SAMPLE OR COMPLIMENTARY PRODUCTS - F: T
465.015 3 - DRUGS-HEALTH OR SAFETY - PHARMACIST FAIL GIVE NOTICE OF DRUG FRAUD - M: F
465.015 4a - DRUGS-HEALTH OR SAFETY - USE TITLE PHARMACIST OR DRUGGIST WO LICENSE - M: F
465.015 4b - DRUGS-HEALTH OR SAFETY - DISPLAY SIGN ACT AS PHARMACY WO REGISTRATION - M: F
465.015 4c - DRUGS-HEALTH OR SAFETY - USE SIGN NAME AD AS PHARMACY WO LIC OR REGIS - M: F
465.015 4d - DRUGS-HEALTH OR SAFETY - ACT AS PHARMACY TECHNICIAN WO REGIS - M: F

Civil Citations / Citable Offenses under S465.015
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 465.015.

Annotations, Discussions, Cases:

  1. Moore v. State

    172 So. 3d 491 (Fla. Dist. Ct. App. 2015)
    The statutory language in section 465.015 makes a clear distinction between actions that are prohibited by any person, actions that are prohibited by a pharmacist, and actions that are prohibited by any person other than a pharmacist. Compare§ 465.015(1)(a) & 2, with § 465.015(3), and with § 465.015(1)(b) & 4(a).
    PAGE 493

  2. Moore v. State

    172 So. 3d 491 (Fla. Dist. Ct. App. 2015)
    The statutory language in section 465.015 makes a clear distinction between actions that are prohibited by any person, actions that are prohibited by a pharmacist, and actions that are prohibited by any person other than a pharmacist.Compare § 465.015(1)(a) & 2, with § 465.015(3), and with § 465.015(1)(b) & 4(a).
    PAGE 493

  3. Pierre v. AIDS Healthcare Found., Inc.

    CASE NO.: 19-62556-CIV-SINGHAL (S.D. Fla. Oct. 30, 2020)   Cited 4 times
    Pierre likewise fails to show that AHF violated section 465.015, Florida Statutes. Pierre argues AHF violated section 465.015, Florida Statutes, because it "failed to report on multiple occasions, missing controlled substances." However, for the reasons the Court has already provided, the Court will not address the merits of Pierre's argument. See supra (Section III.B.1; footnote 9). If Pierre wanted this Court (or a jury) to consider whether Moe's alleged failure to report missing controlled substances violated section 465.015, Florida Statutes, then she would have said as much in her complaint or would have amended her complaint to say so. But she did not.
    PAGE 16

  4. Eubanks v. Freburger

    CASE NO. 11-60714-CIV-COHN/OTAZO-REYES (S.D. Fla. Oct. 17, 2012)   Cited 4 times
    Here, Plaintiffs Henson and Eubanks were arrested for alleged violations of Florida Statutes § 893.13(8)(a)(4), which makes it a crime for a prescribing practitioner to "[w]rite a prescription for a controlled substance for a patient . . . if the sole purpose of writing such prescription is to provide a monetary benefit to, or obtain a monetary benefit for, the prescribing practitioner." See Arrest Aff. at 10, 13; Fla. Stat. § 893.13(8)(a)(4). Eubanks was also charged with violation of Florida Statutes §§ 465.015(1) and 465.015(2)(b), which prohibit operating a pharmacy without a license and dispensing prescriptions without a license. See Arrest Aff. at 13; Fla. Stat. §§ 465.015(1), 465.015(2)(b). The Court will analyze the existence of probable cause as to each offense for which Plaintiffs were arrested.
    PAGE 9

  5. Lyons v. State

    105 Nev. 317 (Nev. 1989)   Cited 12 times
    NRS 465.015 is not a trap for the unwary, uninitiated novice who seeks to play the slots. I do not believe it is necessary at this juncture to post in blueprint detail in and about and around the slot machines warnings to the uninformed neophytes how to pull the handle of a slot machine. However, the professional "popper," as in the instant case, comes to the casino well trained in how to jerk, wrench, wrack and otherwise abuse the slot machines in order to alter the "selection of the criteria" proscribed in NRS 465.015.
    PAGE 325

  6. Childs v. State

    107 Nev. 584 (Nev. 1991)   Cited 9 times
    The concerns we expressed in Lyons have not been resolved by the creation of NRS 465.070(7). First, while NRS 465.070(7) forbids "manipulat[ion] with the intent to cheat," "cheating" is still defined by NRS 465.015. We held in Lyons, however, that handle manipulation does not alter "the physical characteristics and potential pay offs of slot machines," and therefore does not constitute cheating under NRS 465.015. Lyons, 105 Nev. at 322, 775 P.2d at 222. Thus appellant, in pulling the slot machine handle in a way that did not damage the machine, could not have cheated.
    PAGE 587

  7. State v. Rodriguez

    71 So. 3d 154 (Fla. Dist. Ct. App. 2011)   Cited 2 times
    The language used to charge the defendant in these two counts tracks the language of section 465.015(2)(b), Florida Statutes (2003), and therefore will not be repeated here. Section 465.015(4), Florida Statutes (2003), provides that a violation of the above constitutes a third degree felony.
    PAGE 157

  8. Skipper v. State

    879 P.2d 732 (Nev. 1994)   Cited 2 times
    Thus, if a player or dealer deceitfully alters the identifying characteristics or attributes of a game with the intent to deprive another of money or property by affecting the otherwise established probabilities of the game's various outcomes, he or she is guilty of cheating within the meaning of NRS 465.015 and NRS 465.083.
    PAGE 1034

  9. Sheriff v. Martin

    99 Nev. 336 (Nev. 1983)   Cited 19 times
    Respondent was arrested and charged with two counts each of card cheating in violation of NRS 465.083 and conspiracy to commit card cheating in violation of NRS 199.480 and NRS 465.083. After being bound over to the district court for trial, respondent petitioned the district court for a writ of habeas corpus. Among other contentions, he argued that the definition of cheating in NRS 465.015, on which the charges against him rested, was unconstitutionally vague. The district court agreed, and dismissed the charges. We hold that the statutory definition of cheating is not unconstitutionally vague, and therefore reverse and remand for trial.
    PAGE 338

  10. Estate of ex Rel. Massad v. Granzow

    886 So. 2d 1050 (Fla. Dist. Ct. App. 2004)   Cited 3 times
    Section 465.015(2), Florida Statutes (2003), provides, in pertinent part, "[i]t is unlawful for any person . . . (c) [t]o sell or dispense drugs as defined in s. 465.003(8) without first being furnished with a prescription." This statutory provision has been interpreted to apply to those who are not pharmacists that have offered prescription drugs to another. See Block v. State, 437 So.2d 792, 793 (Fla. 2d DCA 1983). A violation of section 465.015(2) is evidence that a defendant failed to exercise "reasonable care" under section 324 of the Restatement.