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Florida Statute 893.05 | Lawyer Caselaw & Research
F.S. 893.05 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 893.05

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
F.S. 893.05
893.05 Practitioners and persons administering controlled substances in their absence.
(1)(a) A practitioner, in good faith and in the course of his or her professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance, or the practitioner may cause the controlled substance to be administered by a licensed nurse or an intern practitioner under his or her direction and supervision only.
(b) Pursuant to s. 458.347(4)(g), s. 459.022(4)(f), or s. 464.012(3), as applicable, a practitioner who supervises a licensed physician assistant or advanced practice registered nurse may authorize the licensed physician assistant or advanced practice registered nurse to order controlled substances for administration to a patient in a facility licensed under chapter 395 or part II of chapter 400.
(c) A veterinarian may prescribe, administer, dispense, mix, or prepare a controlled substance for use on animals only, and may cause the controlled substance to be administered by an assistant or orderly under the veterinarian’s direction and supervision only.
(d) A certified optometrist licensed under chapter 463 may not administer or prescribe a controlled substance listed in Schedule I or Schedule II of s. 893.03.
(2) When any controlled substance is dispensed by a practitioner, there shall be affixed to the original container in which the controlled substance is delivered a label on which appears:
(a) The date of delivery.
(b) The directions for use of such controlled substance.
(c) The name and address of such practitioner.
(d) The name of the patient and, if such controlled substance is prescribed for an animal, a statement describing the species of the animal.
(e) A clear, concise warning that it is a crime to transfer the controlled substance to any person other than the patient for whom prescribed.
(3) Any person who obtains from a practitioner or the practitioner’s agent, or pursuant to prescription, any controlled substance for administration to a patient during the absence of such practitioner shall return to such practitioner any unused portion of such controlled substance when it is no longer required by the patient.
History.s. 5, ch. 73-331; s. 1437, ch. 97-102; s. 13, ch. 2013-26; s. 11, ch. 2015-34; s. 30, ch. 2016-105; s. 7, ch. 2016-145; s. 84, ch. 2018-106.

F.S. 893.05 on Google Scholar

F.S. 893.05 on Casetext

Amendments to 893.05


Arrestable Offenses / Crimes under Fla. Stat. 893.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 893.05.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE K. JALEY, K. v., 600 B.R. 511 (Bankr. Md. 2019)

. . . . § 893.05. . . . Ann. § 893.05. . . .

STROHBEHN, v. ACCESS GROUP INC. Co. LPA,, 292 F. Supp. 3d 819 (E.D. Wis. 2017)

. . . . § 893.05; First Nat'l Bank of Madison v. Kolbeck , 19 N.W.2d 908, 909 (Wis. 1945) ; Pantoja v. . . . Stat. § 893.05 (when statute of limitations expires, "the right is extinguished as well as the remedy . . .

MIDLAND FUNDING, LLC, v. JOHNSON, 137 S. Ct. 1407 (U.S. 2017)

. . . . § 893.05 (2011-2012) (same). . . .

PANTOJA, v. PORTFOLIO RECOVERY ASSOCIATES, LLC,, 852 F.3d 679 (7th Cir. 2017)

. . . . § 893.05 (when statute of limitations expires, “the right is extinguished as well as the remedy”). . . .

HERRELL, v. CHASE BANK USA, N. A., 218 F. Supp. 3d 788 (E.D. Wis. 2016)

. . . . § 893.05. What exactly this means is less than clear, however. . . .

RODENBERG, v. STATE, 198 So. 3d 930 (Fla. Dist. Ct. App. 2016)

. . . In support, appellant, relies on section 893.05(l)(a), Florida Statutes, which provides that “[a] practitioner . . . course of professional practice” are affirmative defenses, not elements of the offenses, because section 893.05 . . . State, 336 So.2d 1200, 1202 (Fla. 2d DCA 1976) (recognizing that section 893.05 sets forth an affirmative . . . Section 893.05(1) requires that a practitioner act both in good faith and in the course of his professional . . .

KEARNEY PARTNERS FUND, LLC, LINCOLN PARTNERS FUND, LLC, LLC, LLC. LLC, LLC, LLC, v. UNITED STATES, 803 F.3d 1280 (11th Cir. 2015)

. . . during this period, with comparatively huge losses and gains, only ended up with a total net gain of $893.05 . . .

UNITED STATES v. JUAREZ- VELAZQUEZ,, 577 F. App'x 254 (5th Cir. 2014)

. . . Juarez-Velazquez points to § 893.05(1), which provides that: "A practitioner, in good faith and in the . . .

STATE v. SANCHEZ,, 133 So. 3d 1038 (Fla. Dist. Ct. App. 2014)

. . . course of professional practice,” various controlled substances, contrary to sections 893.135(l)(c) and 893.05 . . . Appellee was charged under sections 893.135(l)(c) and 893.05. . . . Section 893.05(1) states: A practitioner, in good faith and in the course of his or her professional . . . Since appellee is not a “practitioner” under the statutory definition, section 893.05(1), which applies . . .

STATE v. M. GONZALEZ, Jr., 121 So. 3d 625 (Fla. Dist. Ct. App. 2013)

. . . course of professional practice,” various controlled substances, contrary to sections 893.135(l)(c) and 893.05 . . . Section 893.05(1), in pertinent part, provides: A practitioner, in good faith and in the course of his . . . by a licensed nurse or an intern practitioner under his or her direction and supervision only.... § 893.05 . . . The defendant moved to dismiss the twenty counts alleging violations of sections 893.135(l)(c) and 893.05 . . .

P. JASIN, v. MICHAEL, BEST FRIEDRICH, LLP., 409 F. App'x 575 (3d Cir. 2011)

. . . . § 893.05 ("When the period within which an action may be commenced on a Wisconsin cause of action has . . .

NGUYEN, MD, MD PA, A v. UNITED STATES, 556 F.3d 1244 (11th Cir. 2009)

. . . . § 893.05(1). The crime alleged in a six-count arrest warrant was that Dr. . . .

NGUYEN, MD, MD PA, A v. UNITED STATES, 545 F.3d 1282 (11th Cir. 2008)

. . . . § 893.05(1). The crime alleged in a six-count arrest warrant was that Dr. . . .

M. WOJTAS J. v. CAPITAL GUARDIAN TRUST COMPANY, 477 F.3d 924 (7th Cir. 2007)

. . . . § 893.05 (When the limitations period expires, “the right is extinguished as well as the remedy.”). . . . Stat. § 893.05 (‘When the period within which an action may be commenced on a Wisconsin cause of action . . .

R. MERNER v. DEERE COMPANY ABC M. B. J. v. ABC, 176 F. Supp. 2d 882 (E.D. Wis. 2001)

. . . The note provides: “Subsection (1) applies the provision of s. 893.05 that the running of a statute of . . . The note accompanying § 893.05 provides: This new section is a codification of Wisconsin case law. . . . Maryland Casualty is quoted in connection with § 893.05, which is titled “Relation of statute of limitations . . . commenced on a Wisconsin cause of action has expired, the right is extinguished as well as the remedy.” § 893.05 . . .

De La PERALES, v. CASILLAS,, 950 F.2d 1066 (5th Cir. 1992)

. . . expenses were to be reimbursed, the magistrate ordered an award of $111,631.25 in attorneys’ fees (893.05 . . .

DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS v. KOO, 28 Fla. Supp. 2d 216 (Fla. Div. Admin. Hearings 1987)

. . . Section 893.05(2), Florida Statutes, requires: (2) When any controlled substance is dispensed by a practitioner . . . the foregoing Findings of Fact, it must be concluded that Koo violated Sections 499.007(12)(b) and 893.05 . . .

SEVIN, v. STATE, 478 So. 2d 521 (Fla. Dist. Ct. App. 1985)

. . . We are not called upon in this case to determine the applicability of section 893.05(3), Flor- ’ ida . . .

APIAU, M. D. v. FLORIDA BOARD OF MEDICAL EXAMINERS, DEPARTMENT OF PROFESSIONAL REGULATION, DIVISION OF PROFESSIONS,, 473 So. 2d 775 (Fla. Dist. Ct. App. 1985)

. . . nine patients in violation of chapter 458, Florida Statutes (1983) (Medical Practice Act) and section 893.05 . . .

J. FORLAW, M. D. v. FITZER,, 456 So. 2d 432 (Fla. 1984)

. . . professional practice acts in violation of the statute, as he falls outside the exception of section 893.05 . . . manner which exceeded the bounds of his practice, a violation of the federal equivalent to sections 893.05 . . .

OFFICE SUPPLY CO. INC. a v. BASIC FOUR CORPORATION, a, 538 F. Supp. 776 (E.D. Wis. 1982)

. . . The Judicial Council Committee’s Note states that subsection (1) is an application of § 893.05, Wis.Stats . . .

STATE v. McKEE,, 386 So. 2d 1296 (Fla. Dist. Ct. App. 1980)

. . . prescribed the drugs” in good faith in the course of his professional practice as allowed by section 893.05 . . .

CILENTO, v. STATE, 377 So. 2d 663 (Fla. 1979)

. . . Section 893.05(1) provides that: “A practitioner, in good faith and in the course of his professional . . .

PURIFOY, v. STATE, 359 So. 2d 446 (Fla. 1978)

. . . Sections 893.05 and 893.06 exempt physicians, certain other types of practitioners, manufacturers, others . . .

S. KING, v. STATE, 336 So. 2d 1200 (Fla. Dist. Ct. App. 1976)

. . . . § 893.05(1)]. ****** Except as authorized by this chapter and chapter 500, it is unlawful for any person . . . It is clear that § 893.05 is an exception to the prohibitions of § 893.13 and does not constitute a separate . . . information shows that each count is entitled “BAD FAITH DELIVERY OF A NARCOTIC BY A PRESCRIPTION FS 893.05 . . .

STATE v. D. WEEKS,, 335 So. 2d 274 (Fla. 1976)

. . . to this Court for instruction on two questions, the first of which is as follows: “Whether Section 893.05 . . . Section 893.05(1), Florida Statutes, thus provides a necessary exception to the imposition of criminal . . . “Practitioner,” as used in § 893.05(1), supra, is defined by § 893.02(14) as: “a physician licensed pursuant . . .

STATE v. VINSON,, 320 So. 2d 50 (Fla. Dist. Ct. App. 1975)

. . . As such, he is a “practitioner” within the purview of § 893.02, F.S.1973, and, pursuant to § 893.05(1 . . .

STATE v. VINSON,, 298 So. 2d 505 (Fla. Dist. Ct. App. 1974)

. . . the outset, a physician is among those defined as a practitioner under Section 893.02, and Section 893.05 . . .

CONSOLIDATED FLOUR MILLS CO. v. FILE BROS. WHOLESALE CO., 110 F.2d 926 (10th Cir. 1940)

. . . . $ 893.05 Cost of selling 1685 barrels of flour at 20 cents per barrel.... 337.00 Market decline on . . .

v., 40 F. 813 (S.D. Ala. 1889)

. . . that for certain services rendered by the petitioner, as commissioner, he was entitled to the sum of $893.05 . . .