Florida Statutes
Fla. Stat. § 465.015 (2025)
Violations and penalties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 465.015
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§465.015(3)DRUGS-HEALTH OR SAFETYPHARMACIST FAIL GIVE NOTICE OF DRUG FRAUD
§465.015(1a)HEALTH-SAFETYOWN OPERATE NON REGISTERED PHARMACY
§465.015(1b)HEALTH-SAFETYOWN OPERATE PHARMACY W/O LICENSED PHARMACIST
§465.015(2a)FRAUD-FALSE STATEMENTON APPLICATION FOR LICENSED PHARMACY
§465.015(2b)DRUGS-HEALTH OR SAFETYDISPENSE PRESCRIPTION W/O LICENSE
§465.015(2c)DRUGS-HEALTH OR SAFETYSELL DISPENSE DRUGS W/O PRESCRIPTION
§465.015(2d)DRUGS-HEALTH OR SAFETYSELL SAMPLE OR COMPLIMENTARY PRODUCTS
§465.015(3a)FRAUD-IMPERSONRENUMBERED. SEE REC# 7192
§465.015(3b)FRAUD-IMPERSONRENUMBERED. SEE REC# 7193
§465.015(3c)FRAUDRENUMBERED. SEE REC# 7194
§465.015(3d)DRUGS-HEALTH OR SAFETYRENUMBERED. SEE REC# 7195
§465.015(4a)DRUGS-HEALTH OR SAFETYUSE TITLE PHARMACIST OR DRUGGIST W/O LICENSE
§465.015(4b)DRUGS-HEALTH OR SAFETYDISPLAY SIGN ACT AS PHARMACY W/O REGISTRATION
§465.015(4c)DRUGS-HEALTH OR SAFETYUSE SIGN NAME AD AS PHARMACY W/O LIC OR REGIS
§465.015(4d)DRUGS-HEALTH OR SAFETYACT AS PHARMACY TECHNICIAN W/O REGIS
Notes of Decisions
Cited in 7
cases, 1983–2020 · leading case: Est. of Massad Ex Rel. Wilson v. Granzow, 886 So. 2d 1050 (Fla. 4th DCA 2004).
Est. of Massad Ex Rel. Wilson v. Granzow, 886 So. 2d 1050 (Fla. 4th DCA 2004). “NOTES [1] Section 465.015(2), Florida Statutes (2003), provides, in pertinent part, "[i]t is unlawful for any person .”
Block v. State, 437 So. 2d 792 (Fla. 2d DCA 1983). “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.”
Cincinnati Ins. Co. v. Quorum Mgmt. Corp., 186 F. Supp. 3d 1307 (M.D. Fla. 2016). “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…”
State v. Rodriguez, 71 So. 3d 154 (Fla. 3d DCA 2011). “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.”
Pierre v. Aids Healthcare Found., Inc. (S.D. Fla. 2020). “05 , and Section 465.015, Florida Statutes. (Compl.”
Moore v. State, 172 So. 3d 491 (Fla. 1st DCA 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.”
Dep't of Prof'l Reg. v. Goldstein, 28 Fla. Supp. 2d 224 (Fla. Div. Admin. Hr'g 1987). “Section 465.015(2)(c), Florida Statutes, provides that it is unlawful for any person to “sell or dispense drugs as defined in s.”
— 465.015(2) — 1 case
Est. of Massad Ex Rel. Wilson v. Granzow, 886 So. 2d 1050 (Fla. 4th DCA 2004). “NOTES [1] Section 465.015(2), Florida Statutes (2003), provides, in pertinent part, "[i]t is unlawful for any person .”
— 465.015(2)(b) — 1 case
State v. Rodriguez, 71 So. 3d 154 (Fla. 3d DCA 2011). “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.”
— 465.015(2)(c) — 3 cases
Block v. State, 437 So. 2d 792 (Fla. 2d DCA 1983). “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.”
Moore v. State, 172 So. 3d 491 (Fla. 1st DCA 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.”
Dep't of Prof'l Reg. v. Goldstein, 28 Fla. Supp. 2d 224 (Fla. Div. Admin. Hr'g 1987). “Section 465.015(2)(c), Florida Statutes, provides that it is unlawful for any person to “sell or dispense drugs as defined in s.”
— 465.015(3) — 1 case
Moore v. State, 172 So. 3d 491 (Fla. 1st DCA 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.”
— 465.015(4) — 1 case
State v. Rodriguez, 71 So. 3d 154 (Fla. 3d DCA 2011). “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.”
— 465.015(l)(a) — 1 case
Moore v. State, 172 So. 3d 491 (Fla. 1st DCA 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.”
— 465.015(l)(b) — 1 case
Moore v. State, 172 So. 3d 491 (Fla. 1st DCA 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.”
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