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F.S. 484.013 on Google Scholar

F.S. 484.013 on Casetext

Amendments to 484.013


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 484
DISPENSING OF OPTICAL DEVICES AND HEARING AIDS
View Entire Chapter
F.S. 484.013 Florida Statutes and Case Law
484.013 Violations and penalties.—
(1) 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 prepare or dispense lenses, spectacles, eyeglasses, contact lenses, or other optical devices when such person is not licensed as an optician in this state.
(c) To prepare or dispense lenses, spectacles, eyeglasses, contact lenses, or other optical devices without first being furnished with a prescription as provided for in s. 484.012.
(2) It is unlawful for any person other than an optician licensed under this part to use the title “optician” or otherwise lead the public to believe that she or he is engaged in the practice of opticianry.
(3) It is unlawful for any optician to engage in the diagnosis of the human eyes, attempt to determine the refractive powers of the human eyes, or, in any manner, attempt to prescribe for or treat diseases or ailments of human beings.
(4) It is unlawful for any person to open or operate, either alone or with any other person or persons, an optical establishment which does not have the permit required by this part.
(5)(a) Except as otherwise provided in paragraph (b), a person who violates any provision of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A person who knowingly violates paragraph (1)(c) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—ss. 1, 5, ch. 79-275; ss. 2, 3, ch. 81-318; ss. 6, 11, 12, ch. 86-254; s. 115, ch. 91-224; s. 4, ch. 91-429; s. 4, ch. 94-192; s. 448, ch. 97-103; s. 120, ch. 2001-277.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 484.013 on Google Scholar

F.S. 484.013 on Casetext

Amendments to 484.013


Arrestable Offenses / Crimes under Fla. Stat. 484.013
Level: Degree
Misdemeanor/Felony: First/Second/Third

484.013 1a - FRAUD-FALSE STATEMENT - ON OPTICIAN LICENSE APPLICATION - M: S
484.013 1b - HEALTH-SAFETY - PRACTICE AS OPTICIAN WO LIC - M: S
484.013 1c - HEALTH-SAFETY - DISPENSE OPTICAL DEVICES WITHOUT PRESCRIPTION - F: T
484.013 2 - FRAUD-IMPERSON - USE TITLE OPTICIAN WITHOUT LICENSE - M: S
484.013 3 - HEALTH-SAFETY - UNLAWFUL TREATMENT AILMENT OF THE HUMAN EYE - M: S
484.013 4 - PUBLIC ORDER CRIMES - OPERATE OPTICAL ESTABLISHMENT WO PERMIT - M: S

Civil Citations / Citable Offenses under S484.013
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 484.013.

Annotations, Discussions, Cases:

  1. Freeman v. 6131 Colfax Lane

    907 N.W.2d 257 (Minn. Ct. App. 2018)   Cited 4 times
    This text mostly mirrors section 484.013's second subdivision. The rule does not (and cannot) broaden a court's jurisdiction. The Rules of General Practice are fashioned by the supreme court, and, except for narrow circumstances not relevant here, the rules cannot expand the authority of any court. Cf. State v. Stanway , 174 Minn. 608, 609, 219 N.W. 452, 453 (1928) ("Justice courts are provided for by the state Constitution, but the extent of their jurisdiction is left to the Legislature to determine.") (citing Minn. Const. art. VI, § 8 ). We add that the rule's subject, unlike the statute's subject, is the "housing court referee ." By contrast, the statute's subject is the housing court itself. Compare § 484.013, subd. 2 ("The housing calendar program may ...."), with Minn. R. Gen. Pract. 602 (2016) ("The housing court referee may ...."). The rule addresses the referee's authority within the housing court's authority; it does not purport to broaden or define the housing court's authority in any way.
    PAGE 262

  2. Bass v. Equity Residential Holdings, LLC

    849 N.W.2d 87 (Minn. Ct. App. 2014)   Cited 13 times
    A district court is a court of general jurisdiction. Minn.Stat. § 484.01 (2012). The district court may establish a program to “consolidate the hearing and determination of matters related to residential rental housing” and such programs are affirmatively established by statute in Ramsey and Hennepin Counties. Minn.Stat. § 484.013, subd. 1 (2012). Under Minn.Stat. § 484.013, subd. 2 (2012), the Hennepin County housing court has jurisdiction over “all proceedings under chapter 504B; criminal and civil proceedings related to violations of any state, county or city health, safety, housing, building, fire prevention or housing maintenance code; escrow of rent proceedings; and actions for rent abatement.” The housing court “must provide for the consolidation of landlord-tenant damage actions and actions for rent at the request of either party.” Id., subd. 2. This language is repeated in Minn. R. Gen. Pract. 602, which provides that a referee may preside over housing court matters. A party may object to assignment of a referee to hear contested matters. Minn.Stat. § 484.70, subd. 6 (2012). Equity did not object to having a referee preside over the hearing.
    PAGE 91

  3. Sela Invs. Ltd. v. H.E.

    909 N.W.2d 344 (Minn. Ct. App. 2018)   Cited 7 times
    Minn. Stat. § 484.013, subd. 6 (2016). Minn. R. Gen. Pract. 611 establishes procedural rules regarding such reviews:
    PAGE 347

  4. Promulgation of Judicial Conduct, ADM08-8004

    No. ADM08-8004 (Minn. Nov. 19, 2010)
    (B) shall not practice law in the district court of the county in which the judge serves, or, if the court is divided into divisions, in the division of the court on which the judge serves, or in any court subject to the appellate jurisdiction of the court on which the judge serves , . This paragraph shall not apply to lawyers who are appointed pursuant to Minn. Stat. § 484.013, Minn. Stat. § 491A.03, subd. 1, or such other appointments as ordered by the Supreme Court. However, in no event shall the judge and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto.
    PAGE 2

  5. Cocchiarella v. Driggs

    870 N.W.2d 103 (Minn. Ct. App. 2015)   Cited 1 times
    On February 14, 2014, Cocchiarella filed a petition for unlawful exclusion in which she sought possession of the apartment pursuant to section 504B.375 of the Minnesota Statutes and an award of damages pursuant to section 504B.231 of the Minnesota Statutes. On the same day, an order was issued scheduling a hearing in the Hennepin County housing court, a program of the Hennepin County District Court. SeeMinn.Stat. § 484.013, subd. 1(a) (2014). The order stated that Cocchiarella should “be prepared to address the issue of whether she has standing to bring this action as a residential tenant as defined by Minnesota Statutes section 504B.001, subdivision 12.”
    PAGE 104

  6. Williams v. State

    No. 66579 (Nev. Feb. 26, 2016)
    For the sake of consistency and to lessen any confusion, we have cited to the versions of the statutes in effect at the time of Williams' crimes. NRS 484.013 (1999 Nev. Stat., ch. 622, §21, at 3415); NRS 484.1245 (1999 Nev. Stat., ch. 622, §20, at 3414); NRS 484.379 (1999 Nev. Stat., ch. 622, §23, at 3415-16); NRS 484.3795 (1999 Nev. Stat., ch. 622, §28, at 3422).
    PAGE 11

  7. Hammann v. Wells Fargo Bank N.A.

    A19-1304 (Minn. Ct. App. Feb. 24, 2020)
    A housing court referee recommended the June 19 and July 23 orders. Both orders were approved by a district court judge pursuant to Minn. Stat. § 484.013, subd. 5 (2018).
    PAGE 3

  8. ARU Props., LLC v. Clark

    A16-1126 (Minn. Ct. App. Apr. 3, 2017)
    Tenant failed to pay the $8,400 security. The district court then entered judgment for owner and authorized issuance of a writ of recovery. Tenant timely filed a notice of review and requested that the district court stay the judgment authorizing the writ of recovery pending that review. See Minn. Stat. § 484.013, subd. 6 (2016); Minn. R. Gen. Pract. 611(b). The district court stayed the judgment until completion of review of the housing-court referee's July 1 decision and set a bond hearing. At the conclusion of the bond hearing, in lieu of a bond, the district court ordered tenant to pay into court $8,400 in past-due rent and all future rent amounts to stay the judgment pending the review.
    PAGE 3

  9. Doran-CSM SE I LLC v. Stone

    No. A21-1134 (Minn. Ct. App. Jun. 6, 2022)
    In the Fourth Judicial District-the venue in this case-a party may seek district court judge review of a housing court referee's confirmed order. See Minn. Stat. § 484.013, subd. 6 (2020); Minn. R. Gen. Prac. 611. Landlord chose not to do that. Tenants argue that attorneys are "ill-advised" to bypass judge review and that this decision affects the "scope of review on appeal." We disagree. A confirmed housing court order is treated no differently on appeal, as long as the appeal is taken from a final judgment. See Dominium Mgmt. Servs. LLC v. Lee, 924 N.W.2d 925, 926-27 (Minn.App. 2019) (explaining this court's jurisdiction when judge review is sought); Tonkaway Ltd. P'ship v. McLain, 433 N.W.2d 443, 443 (Minn.App. 1988) (holding that in eviction actions-formerly unlawful-detainer proceedings-the exclusive mode of appeal is from the judgment).
    PAGE 5

  10. Florida Optometric Ass'n v. Department of Professional Regulation

    567 So. 2d 928 (Fla. Dist. Ct. App. 1990)   Cited 16 times
    Section 484.013(3), Florida Statutes.
    PAGE 931