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Florida Statute 465.015 | Lawyer Caselaw & Research
F.S. 465.015 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 465.015

The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 465
PHARMACY
View Entire Chapter
F.S. 465.015
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.

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

S465.015 1a - HEALTH-SAFETY - OWN OPERATE NON REGISTERED PHARMACY - M: F
S465.015 1b - HEALTH-SAFETY - OWN OPERATE PHARMACY WO LICENSED PHARMACIST - M: F
S465.015 2a - FRAUD-FALSE STATEMENT - ON APPLICATION FOR LICENSED PHARMACY - F: T
S465.015 2b - DRUGS-HEALTH OR SAFETY - DISPENSE PRESCRIPTION WO LICENSE - F: T
S465.015 2c - DRUGS-HEALTH OR SAFETY - SELL DISPENSE DRUGS WO PRESCRIPTION - F: T
S465.015 2d - DRUGS-HEALTH OR SAFETY - SELL SAMPLE OR COMPLIMENTARY PRODUCTS - F: T
S465.015 3 - DRUGS-HEALTH OR SAFETY - PHARMACIST FAIL GIVE NOTICE OF DRUG FRAUD - M: F
S465.015 3a - FRAUD-IMPERSON - RENUMBERED. SEE REC# 7192 - M: F
S465.015 3b - FRAUD-IMPERSON - RENUMBERED. SEE REC# 7193 - M: F
S465.015 3c - FRAUD - RENUMBERED. SEE REC# 7194 - M: F
S465.015 3d - DRUGS-HEALTH OR SAFETY - RENUMBERED. SEE REC# 7195 - M: F
S465.015 4a - DRUGS-HEALTH OR SAFETY - USE TITLE PHARMACIST OR DRUGGIST WO LICENSE - M: F
S465.015 4b - DRUGS-HEALTH OR SAFETY - DISPLAY SIGN ACT AS PHARMACY WO REGISTRATION - M: F
S465.015 4c - DRUGS-HEALTH OR SAFETY - USE SIGN NAME AD AS PHARMACY WO LIC OR REGIS - M: F
S465.015 4d - DRUGS-HEALTH OR SAFETY - ACT AS PHARMACY TECHNICIAN WO REGIS - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

CINCINNATI INSURANCE COMPANY, v. QUORUM MANAGEMENT CORP. a k a J. a s o s s, 186 F. Supp. 3d 1307 (M.D. Fla. 2016)

. . . . § 465.015(l)(b), and provides for disciplinary actions against a pharmacist who improperly compounds . . .

MOORE, v. STATE, 172 So. 3d 491 (Fla. Dist. Ct. App. 2015)

. . . selling or dispensing a prescription drug without being furnished a prescription, in violation of section 465.015 . . . Because the portion of section 465.015(2)(c) making unlawful the dispensing of a prescription drug without . . . Block did not parse the two distinct actions which section 465.015(2)(c) prohibits. . . . The second illegal action prohibited by section 465.015(2)(c) is dispensing a prescription drug without . . . Compare § 465.015(l)(a) & 2, with § 465.015(3), and with § 465.015(l)(b) & 4(a). . . .

STATE v. RODRIGUEZ,, 71 So. 3d 154 (Fla. Dist. Ct. App. 2011)

. . . personal supervision of a licensed pharmacist in the State of Florida, in violation of Florida Statutes 465.015 . . . (2)(b), 465.015(4) and 777.011. . . . The language used to charge the defendant in these two counts tracks the language of section 465.015( . . . Section 465.015(4), Florida Statutes (2003), provides that a violation of the above constitutes a third . . .

ESTATE OF P. MASSAD, WILSON, v. GRANZOW B., 886 So. 2d 1050 (Fla. Dist. Ct. App. 2004)

. . . Section 465.015(2), Florida Statutes (2003), provides, in pertinent part, ''[i]t is unlawful for any . . . A violation of section 465.015(2) is evidence that a defendant failed to exercise "reasonable care” under . . .

DEPARTMENT OF PROFESSIONAL REGULATION BOARD OF PHARMACY v. GOLDSTEIN CENTER PHARMACY, 28 Fla. Supp. 2d 224 (Fla. Div. Admin. Hearings 1987)

. . . Section 465.015(2)(c), Florida Statutes, provides that it is unlawful for any person to “sell or dispense . . . of Section 465.016(l)(e), Florida Statutes, on the grounds that Gus Goldstein has violated Section 465.015 . . . Tylenol #3 with Codeine to F.W. without an authorized prescription, Gus Goldstein has violated Section 465.015 . . .

BLOCK, v. STATE, 437 So. 2d 792 (Fla. Dist. Ct. App. 1983)

. . . Sale of prescription drug without a prescription Section 465.015(2)(c) under which appellant was convicted . . . Be that as it may, section 465.015(2)(c) is quite specific and does not preclude the prosecution of a . . . However, in order to convict appellant for violating section 465.015(2)(c), the state had to prove the . . .