Fla. Stat. 465.023
Pharmacy permittee; disciplinary action


(1)

The department or the board may revoke or suspend the permit of any pharmacy permittee, and may fine, place on probation, or otherwise discipline any pharmacy permittee if the permittee, or any affiliated person, partner, officer, director, or agent of the permittee, including a person fingerprinted under s. 465.022(3), has:Obtained a permit by misrepresentation or fraud or through an error of the department or the board;Attempted to procure, or has procured, a permit for any other person by making, or causing to be made, any false representation;Violated any of the requirements of this chapter or any of the rules of the Board of Pharmacy; of chapter 499, known as the “Florida Drug and Cosmetic Act”; of 21 U.S.C. ss. 301-392, known as the “Federal Food, Drug, and Cosmetic Act”; of 21 U.S.C. ss. 821 et seq., known as the Comprehensive Drug Abuse Prevention and Control Act; or of chapter 893;Been convicted or found guilty, regardless of adjudication, of a felony or any other crime involving moral turpitude in any of the courts of this state, of any other state, or of the United States;Been convicted or disciplined by a regulatory agency of the Federal Government or a regulatory agency of another state for any offense that would constitute a violation of this chapter;Been convicted of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, the profession of pharmacy;Been convicted of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud; orDispensed any medicinal drug based upon a communication that purports to be a prescription as defined in s. 465.003 or s. 893.02 when the pharmacist knows or has reason to believe that the purported prescription is not based upon a valid practitioner-patient relationship that includes a documented patient evaluation, including history and a physical examination adequate to establish the diagnosis for which any drug is prescribed and any other requirement established by board rule under chapter 458, chapter 459, chapter 461, chapter 463, chapter 464, or chapter 466.

(a)

Obtained a permit by misrepresentation or fraud or through an error of the department or the board;

(b)

Attempted to procure, or has procured, a permit for any other person by making, or causing to be made, any false representation;

(c)

Violated any of the requirements of this chapter or any of the rules of the Board of Pharmacy; of chapter 499, known as the “Florida Drug and Cosmetic Act”; of 21 U.S.C. ss. 301-392, known as the “Federal Food, Drug, and Cosmetic Act”; of 21 U.S.C. ss. 821 et seq., known as the Comprehensive Drug Abuse Prevention and Control Act; or of chapter 893;

(d)

Been convicted or found guilty, regardless of adjudication, of a felony or any other crime involving moral turpitude in any of the courts of this state, of any other state, or of the United States;

(e)

Been convicted or disciplined by a regulatory agency of the Federal Government or a regulatory agency of another state for any offense that would constitute a violation of this chapter;

(f)

Been convicted of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, the profession of pharmacy;

(g)

Been convicted of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud; or

(h)

Dispensed any medicinal drug based upon a communication that purports to be a prescription as defined in s. 465.003 or s. 893.02 when the pharmacist knows or has reason to believe that the purported prescription is not based upon a valid practitioner-patient relationship that includes a documented patient evaluation, including history and a physical examination adequate to establish the diagnosis for which any drug is prescribed and any other requirement established by board rule under chapter 458, chapter 459, chapter 461, chapter 463, chapter 464, or chapter 466.

(2)

If a pharmacy permit is revoked or suspended, the owner, manager, or proprietor shall cease to operate the establishment as a pharmacy as of the effective date of such suspension or revocation. In the event of such revocation or suspension, the owner, manager, or proprietor shall remove from the premises all signs and symbols identifying the premises as a pharmacy. The period of such suspension shall be prescribed by the Board of Pharmacy, but in no case shall it exceed 1 year. In the event that the permit is revoked, the person owning or operating the establishment shall not be entitled to make application for a permit to operate a pharmacy for a period of 1 year from the date of such revocation. Upon the effective date of such revocation, the permittee shall advise the Board of Pharmacy of the disposition of the medicinal drugs located on the premises. Such disposition shall be subject to continuing supervision and approval by the Board of Pharmacy.

Source: Section 465.023 — Pharmacy permittee; disciplinary action, https://www.­flsenate.­gov/Laws/Statutes/2024/0465.­023 (accessed Aug. 7, 2025).

465.001
Short Title
465.002
Legislative findings
465.003
Definitions
465.004
Board of Pharmacy
465.005
Authority to make rules
465.006
Disposition of fees
465.007
Licensure by examination
465.008
Renewal of license
465.009
Continuing professional pharmaceutical education
465.012
Reactivation of license
465.013
Registration of pharmacy interns
465.014
Pharmacy technician
465.015
Violations and penalties
465.016
Disciplinary actions
465.017
Authority to inspect
465.018
Community pharmacies
465.019
Institutional pharmacies
465.022
Pharmacies
465.023
Pharmacy permittee
465.024
Promoting sale of certain drugs prohibited
465.025
Substitution of drugs
465.026
Filling of certain prescriptions
465.027
Exceptions
465.035
Dispensing of medicinal drugs pursuant to facsimile of prescription
465.0075
Licensure by endorsement
465.0125
Consultant pharmacist license
465.0126
Nuclear pharmacist license
465.0155
Standards of practice
465.0156
Registration of nonresident pharmacies
465.0157
International export pharmacy permit
465.0158
Nonresident sterile compounding permit
465.0161
Distribution of medicinal drugs without a permit
465.0181
Community pharmacy permit required to dispense Schedule II or Schedule III controlled substances
465.185
Rebates prohibited
465.186
Pharmacist’s order for medicinal drugs
465.187
Sale of medicinal drugs
465.188
Medicaid audits of pharmacies
465.189
Administration of vaccines and epinephrine autoinjection
465.0193
Nuclear pharmacy permits
465.0196
Special pharmacy permits
465.0197
Internet pharmacy permits
465.0235
Automated pharmacy systems used by long-term care facilities, hospices, or state correctional institutions, or for outpatient dispensing
465.0244
Information disclosure
465.0251
Generic drugs
465.0252
Substitution of interchangeable biosimilar products
465.0255
Expiration date of medicinal drugs
465.0265
Centralized prescription filling
465.0266
Common database
465.0275
Emergency prescription refill
465.0276
Dispensing practitioner
465.1861
Ordering and dispensing HIV infection prevention drugs
465.1865
Collaborative pharmacy practice for chronic health conditions
465.1893
Administration of antipsychotic medication by injection
465.1895
Testing or screening for and treatment of minor, nonchronic health conditions
465.1901
Practice of orthotics and pedorthics
465.1902
Prescription Drug Donation Repository Program

Current through Fall 2025

§ 465.023. Pharmacy permittee; disciplinary action's source at flsenate​.gov