The 2023 Florida Statutes
It is undisputed that Florida law provides the rule of decision for this case. And in this particular situation, Florida has a statutory scheme which defines "pharmacist" and is therefore directly applicable and persuasive. The Florida Pharmacy Act, Fla. Stat. §§ 465.001, et seq. , defines "pharmacist" to mean "any person licensed pursuant to this chapter to practice the profession of pharmacy," and defines "pharmacy" to include "every location where medicinal drugs are compounded, dispensed, stored, or sold. ..." Fla. Stat. § 465.003(10), (11). In addition, the "practice of the profession of pharmacy" is defined to include compounding. 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(1)(b), and provides for disciplinary actions against a pharmacist who improperly compounds a prescription. Fla. Stat. § 465.016(1)(g).
To begin, the Florida appellate courts have already affirmatively answered the question of whether a law enforcement officer's briefing of the media falls within the scope of absolute privilege. Stephens, 702 So. 2d at 523. As to the other set of defamatory statements, the confluence of several Florida statutes strongly suggests that Florida law enforcement officers are authorized to report suspected criminal activity to the pharmacy board. Section 30.15(e) of the Florida Statutes invests Sheriffs with the duty of being "conservators of the peace in their counties." Section 893.04 of the Florida Statutes permits a pharmacist to prescribe controlled substances only upon "written or oral prescription of a practitioner," and section 465.016 subjects a pharmacist to disciplinary action for violating chapter 893 of the Florida Statutes. Although no Florida statute affirmatively vested Sheriff Beary and his employees with the duty to report a suspected violation of Chapter 893 to the Pharmacy Board, the courts have cautioned about the need to liberally construe a government officer's absolute immunity. See Casell, 964 So. 2d at 194. Here, the Sheriff's general duty to conserve…
72. Virtually identical grounds for denial of a license or disciplinary action in relation to "legend drugs" are found in the statutes governing osteopaths, podiatrists, naturopaths, pharmacists, dentists, and veterinarians. See respectively Sections 459.015(1)(t), 461.013(1)( o), 462.14(1)(q), 465.016(1)(i), 466.028(1)(p), and 474.214(1)(ff). None of these disciplinary statutes sets forth a separate definition of the term "legend drug."
In fact, the Florida Board had already issued a final order on May 13, 1991, finding a default on the part of Appellant and revoking his license to practice pharmacy in Florida pursuant to section 465.016(1)(h), Florida Statutes (1989).
This provision is virtually identical to Section 465.016(3), Florida Statutes, (1989), relating to reinstatement of pharmacists' licenses, which provides:
Lazarus appeals the revocation of his license to practice pharmacy. This case is virtually identical in all respects with Cohn v. Department of Professional Regulation, 477 So.2d 1039 (Fla. 3d DCA 1985), except that in the present case the hearing officer made findings of fact contrary to Lazarus' position on the question of whether the prescriptions at issue were filled in good faith and in the course of professional practice. See § 465.016(1)(i), Fla. Stat. (1981). As a result, we are squarely faced with deciding whether the evidence was sufficient to support the findings. Concluding that it was, we affirm the revocation of Lazarus' license.
120.57 Florida Statutes 465.016 465.016 893.04 Florida Statutes. 893.04 Florida Statutes, 893.04 Florida Statutes, 893.04 Florida Statutes. 465.016 Florida Statutes, 465.016 Florida Statutes, Florida Statutes, Florida Statutes, United States Code 465.016 Florida Statutes. 893.04 Florida Statutes, 1st Linda M. Rigot
" Section 465.016(1)(i), Florida Statutes, empowers the board to take disciplinary action against a pharmacist found to have been, inter alia:
. . . . § 465.016(l)(g). . . .
. . . On September 20, 1989, DPR began investigating the matter for a possible violation of section 465.016 . . . the part of Appellant and revoking his license to practice pharmacy in Florida pursuant to section 465.016 . . .
. . . Section 465.016(4), Florida Statutes (1989), authorizes the Board of Pharmacy to establish rules containing . . . These provisions are identical to the parallel provisions of section 465.016 relating to the reinstatement . . . Section 465.016(4) provides: The board shall by rule establish guidelines for the disposition of disciplinary . . . This provision is virtually identical to Section 465.016(3), Florida Statutes, (1989), relating to reinstatement . . . The fact remains that section 464.018(3) in the nursing statute and section 465.016(3) in the pharmacy . . .
. . . Section 465.016(1), Florida Statutes, provides that the following acts, among others, shall be grounds . . . Count One of the Administrative Complaint in Case Number 87-3151 charges a violation of Section 465.016 . . . Count Two of the Administrative Complaint in Case Number 87-3151 charges a violation of Section 465.016 . . . Count Three of the Administrative Complaint in Case Number 87-4151 charges a violation of Section 465.016 . . . Count Four of the Administrative Complaint in Case Number 87-3151 charges a violation of Section 465.016 . . .
. . . See § 465.016(l)(i), Fla.Stat. (1981). . . .
. . . The Administrative Complaint filed herein charges Respondent with violation of Sections 465.016(l)(e) . . . , 465.016(l)(i), and 893.04(1), Florida Statutes. . . . Section 465.016(l)(i), Florida Statutes, prohibits a pharmacist from: (i) Compounding, dispensing, or . . . Section 465.016(l)(e), Florida Statutes, prohibits a pharmacist from: (e) Violating any of the requirements . . . testimony taken herein, there is no basis on which Respondent can be found to have violated Section 465.016 . . . .-016(l)(i) and 893.04(1), Florida Statutes (1981): 465.016 Disciplinary actions.— (1) The following . . . violations of equally, if not even more facially uncertain standards than those contained in sections 465.016 . . . The only provision even suggested by the DPR in this respect is the portion of section 465.016(l)(i), . . .
. . . “Section 465.016(l)(i), Florida Statutes, empowers the board to take disciplinary action against a pharmacist . . .