Florida Statute 499.65 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 499
FLORIDA DRUG AND COSMETIC ACT

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F.S. 499.65

499.65 Possession of ether without license or permit prohibited; confiscation and disposal; exceptions.—

(1) It is unlawful for any person to possess 2.5 gallons, or equivalent by weight, or more of ether unless she or he is the holder of a current valid license or permit as provided by this part.

(2) Whenever the department has reason to believe that any person is or has been violating the provisions of this part or any rules adopted pursuant thereto, the department may, without further process of law, confiscate and dispose of the ether in question. The department is authorized to seize and dispose of any abandoned ether.

(3) The department is authorized to enter into contracts with private business entities for the purpose of confiscation and disposal of ether as authorized in subsection (2).

(4) The provisions of subsection (1) shall not apply to:

(a) Any common carrier transporting ether into this state or within the boundaries of this state by air, highway, railroad, or water;

(b) Any contract or private carrier transporting ether on highways into this state or within the boundaries of this state by motor vehicle when such contract or private carrier is engaged in such transport pursuant to certificate or permit, by whatever name, issued to them by any federal or state officer, agency, bureau, commission, or department;

(c) Pharmacists, for use in the usual course of their professional practice or in the performance of their official duties;

(d) Medical practitioners, for use in the usual course of their professional practice or in the performance of their official duties;

(e) Persons who procure ether for disposition by or under the supervision of pharmacists or medical practitioners employed by them or for the purpose of lawful research, teaching, or testing, and not for resale;

(f) Hospitals and other institutions which procure ether for lawful administration by practitioners;

(g) Officers or employees of federal, state, or local governments carrying out their official duties; and

(h) Law enforcement agencies of this state or any of its political subdivisions, and the employees thereof, so long as said agencies and employees are acting within the scope of their respective official capacities and in the performance of their duties.

(5) The department may adopt rules regarding persons engaged in lawful teaching, research, or testing who possess ether and may issue letters of exemption to facilitate the lawful possession of ether under this section.

History.—ss. 10, 11, ch. 86-133; s. 4, ch. 91-429; s. 598, ch. 97-103; s. 39, ch. 98-151.

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Amendments to 499.65

Arrestable Offenses / Crimes under Fla. Stat. 499.65

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 499.65.

Annotations, Discussions, Cases:

Cases Citing Statute 499.65

Total Results: 14

Antoine E. McCloud v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2018-12-20

Citation: 260 So. 3d 911

Snippet: essence of the law."); State v. Patterson , 67 Fla. 499, 65 So. 659, 660 (1914) ("[L]egislative intent ...

Florida Real Estate Commission v. Williams

Court: Supreme Court of Florida | Date Filed: 1970-09-23

Citation: 240 So. 2d 304, 1970 Fla. LEXIS 2352

Snippet: State [ex rel. Johnson] v. Patterson, 67 Fla. 499, 65 So. 659; Willis v. Special Road & Bridge District

Jackson v. Princeton Farms Corp.

Court: Supreme Court of Florida | Date Filed: 1962-01-31

Citation: 140 So. 2d 570

Snippet: ; State ex rel. Johnson v. Patterson, 67 Fla. 499, 65 So. 659 (1914); Bradley v. State, 79 Fla. 651,

Schaal v. Race

Court: District Court of Appeal of Florida | Date Filed: 1961-12-08

Citation: 135 So. 2d 252

Snippet: 121; State ex rel. Johnson v. Patterson, 67 Fla. 499, 65 So. 659; and Escambia Land & Mfg. Co. v. Ferry

Duval v. Thomas

Court: District Court of Appeal of Florida | Date Filed: 1958-10-24

Citation: 107 So. 2d 148

Snippet: United States v. Willow River Power Co., 324 U.S. 499, 65 S.Ct. 761, 89 L.Ed. 1101. The purpose of the law

Lake Gibson Land Company v. Lester

Court: District Court of Appeal of Florida | Date Filed: 1958-05-07

Citation: 102 So. 2d 833, 1958 Fla. App. LEXIS 2866

Snippet: States v. Willow River Power Company, 324 U.S. 499, 65 S.Ct. 761, 89 L.Ed. 1101. Under the reasonable

Marvin v. Housing Authority of Jacksonville

Court: Supreme Court of Florida | Date Filed: 1938-07-27

Citation: 183 So. 145, 133 Fla. 590, 1938 Fla. LEXIS 1019

Snippet: the U.S. Supreme Court, 253 U.S. 233, 40 S. Ct. 499, 65 L. Ed. 878, see infra. See, also, Carman v. Hickman

State Ex Rel. Harris v. Bowden

Court: Supreme Court of Florida | Date Filed: 1933-10-09

Citation: 150 So. 259, 112 Fla. 288

Snippet: 212,213 So. 548; Johnson v. Patterson, 67 Fla. 499, 65 So. 659; Lane v. State, 63 Fla. 220, 57 So. 622;

Realty Bond & Share Co. v. Englar

Court: Supreme Court of Florida | Date Filed: 1932-02-23

Citation: 143 So. 152, 104 Fla. 329

Snippet: 430, 52 So. 710; State vs. Patterson, 67 Fla. 499, 65 So. 659; Willis vs. Special R. B. Dist., etc.,

City of West Palm Beach v. Amos

Court: Supreme Court of Florida | Date Filed: 1930-10-17

Citation: 130 So. 710, 100 Fla. 891

Snippet: as by express words. State v. Patterson,67 Fla. 499, 65 So. R. 659; Getzen v. Sumter County, 89 Fla. 45

State Ex Rel. Davis v. Knight

Court: Supreme Court of Florida | Date Filed: 1929-11-13

Citation: 124 So. 461, 98 Fla. 891

Snippet: Cas. 1914 B 965; State v. Patterson, 67 Fla. 499, 65 So. R. 659; Willis v. S. R. B. Dist. No. 2, 73

State Ex Rel. Davis v. Rose

Court: Supreme Court of Florida | Date Filed: 1929-05-09

Citation: 122 So. 225, 97 Fla. 710

Snippet: accomplished. See State v. Patterson, 67 Fla. 499, 65 So. R. 659; Willis v. Special Road Bridge District

Getzen v. Sumter County

Court: Supreme Court of Florida | Date Filed: 1925-02-02

Citation: 103 So. 104, 89 Fla. 45

Snippet: law (State ex rel. Johnson v. Patterson, 67 Fla. 499, 65 South. Rep. 659; State ex rel. Clarkson v. Phillips

State ex rel. Buford v. Watkins

Court: Supreme Court of Florida | Date Filed: 1923-04-28

Citation: 88 Fla. 392, 102 So. 347

Snippet: 968; State ex rel. Johnson v. Patterson, 67 Fla. 499, 65 South. Rep. 659; State ex rel. Triay v. Burr, 79