CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2004 WL 2600137
...We reverse and remand the case to the circuit court to proceed on a cause of action based upon section 324 of the Restatement. The amended complaint did not state a cause of action under any of the other theories here asserted by the estate. TAYLOR and HAZOURI, JJ., concur. NOTES [1] Section 465.015(2), Florida Statutes (2003), provides, in pertinent part, "[i]t is unlawful for any person ......
...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....
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CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 21688
...ntrolled substance and in lieu thereof sold him a noncontrolled substance. We reject appellant’s contention that section
817.563, Florida Statutes (1981), is unconstitutionally vague and over-broad. Sale of prescription drug without a prescription Section
465.015(2)(c) under which appellant was convicted reads as follows: (2) It is unlawful for any person: [[Image here]] (c) To sell or dispense drugs as defined in s....
...acticing in this state. The state responds by suggesting that appellant was a “street pharmacist” and refers to portions of a tape of the transaction in which appellant seems to be trying to sell a recipe for preparing a drug. Be that as it may, section
465.015(2)(c) is quite specific and does not preclude the prosecution of a person such as appellant. However, in order to convict appellant for violating section
465.015(2)(c), the state had to prove the drug which appellant sold was among those defined in section
465.003(7), Florida Statutes (1981)....
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Cited as authorityMoore (2015)phrase: "rule_authority"
Cited as authorityGranzow (2004)phrase: "rule_authority"
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 14534, 2011 WL 4056138
...time did not hold an active license as a pharmacist, was not registered as an intern, or was not an intern acting under the direct and immediate 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(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....
CopyPublished | District Court, M.D. Florida | 2016 U.S. Dist. LEXIS 70274, 2016 WL 2937461
...pounding. Fla. Stat. §
465.003 (13). The Act also prohibits anyone who is not a licensed pharmacist, or who is not operating under the direct and immediate personal supervision of a licensed pharmacist, from compounding any prescription, Fla. Stat. §
465.015 (l)(b), and provides for disciplinary actions against a pharmacist who improperly compounds a prescription....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 10951, 2015 WL 4464689
...al, in Count I for possession of a controlled substance with intent to sell in violation of section
893.13(l)(a), Florida Statutes, and in Count II for selling or dispensing a prescription drug without being furnished a prescription, in violation of section
465.015(2)(c), Florida Statutes. Because the portion of section
465.015(2)(c) making unlawful the dispensing of a prescription drug without being furnished a prescription is inapplicable to Appellant since he is not a pharmacist, the judgment and sentence for Count II is reversed and remanded for entry of a judgment of acquittal in part, and for further proceedings....
...Appellant was charged with one count of possession of Oxycodone with the intent to sell, in violation of section
893.03(l)(a), Florida Statutes, and one count of selling or dispensing a prescription drug without first being furnished a prescription, in violation of section
465.015(2)(c), Florida Statutes....
...At the close of the State’s ease, the defense moved for judgment of acquittal and argued that because Appellant was not a pharmacist, chapter 465 was not applicable. The trial court rejected the defense’s argument that Appellant was not subject to prosecution for violation of section
465.015(2)(c), relying on Block v. State,
437 So.2d 792 (Fla. 2d DCA 1983), to deny the JOA. 1 Although not the reason for the disposition of the appeal in Block , that court noted that “section
465.015(2)(c) is quite specific and does not preclude the prosecution of a person such as appellant.” Id. at 794 . Block did not parse the two distinct actions which section
465.015(2)(c) prohibits....
...other person in exchange for money or something of value or a promise of money or something of value.” Fla. Std. Jury Inst. (Crim.) 25.2. We agree with Block that any person, pharmacist or not, may be charged with selling a prescription drug under 465.015(2)(c). The second illegal action prohibited by section 465.015(2)(c) is dispensing a pre *493 scription drug without a prescription....
...is case from the statutory definitions of “dispense” found in
465.003(6), Florida Statutes. Therefore, Appellant could not have dispensed the Oxycodone to the confidential informant as Florida law defines dispensing. 2 In light of the foregoing, section
465.015(2)(c) is not available to the State to prosecute the dispensing of a drug by a person who is not a pharmacist....
...The trial court erred in not granting a partial judgment of acquittal as to the allegations of dispensing and compounded the error in allowing the jury to be instructed on the allegations of dispensing. Therefore, the judgment and sentence for Count II, for violation of section 465.015(2)(c), Florida Statutes, is reversed and remanded for further proceedings on that count only as to the allegations of selling the Oxycodone....
...Statutes, is affirmed. AFFIRMED in part, REVERSED in part, and REMANDED. WOLF and WETHERELL, JJ., concur. . We review the denial of a motion for judgment of acquittal de novo. Johnston v. State,
863 So.2d 271 (Fla.2003). . 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(l)(a) & 2, with §
465.015(3), and with §
465.015(l)(b) & 4(a).
