CopyCited 91 times | Published | Court of Appeals for the Eleventh Circuit | 2009 WL 250448
...§
893.13(1)(a), which makes it a
crime to deliver a controlled substance “[e]xcept as authorized by this chapter.”
That chapter of the Florida Code authorizes medical doctors to dispense or
prescribe controlled substances “in good faith and in the course of his or her
professional practice only.” Fla. Stat. §
893.05(1)....
CopyCited 20 times | Published | Supreme Court of Florida
...." Section
893.03(3)(a)(6) classifies methaqualone as a Schedule III substance, sale or delivery of which is a third-degree felony *665 under section
893.13(1)(a)(2). To distribute or dispense a controlled substance is made a misdemeanor of the first degree by section
893.13(2)(a), (b). Section
893.05(1) provides that: "A practitioner, in good faith and in the course of his professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance ......
...alize the instant conduct at all. A statute should be construed so as to give effect to each and all of its provisions. State v. Gale Distributors, Inc.,
349 So.2d 150 (Fla. 1977); Atlantic Coast Line R. Co. v. State,
73 Fla. 609,
74 So. 595 (1917). Section
893.05(1) provides that a medical doctor may "in good faith and in the course of his professional practice only ......
CopyCited 17 times | Published | Court of Appeals for the Eleventh Circuit | 2009 WL 250448
...§
893.13(1)(a), which makes it a
crime to deliver a controlled substance “[e]xcept as authorized by this chapter.”
That chapter of the Florida Code authorizes medical doctors to dispense or
prescribe controlled substances “in good faith and in the course of his or her
professional practice only.” Fla. Stat. §
893.05(1)....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
....S. 1973, known as The Florida Comprehensive Drug Abuse Prevention and Control Act. We grant the writ. Defendant-respondent is a doctor licensed in Florida. As such, he is a "practitioner" within the purview of §
893.02, F.S. 1973, and, pursuant to §
893.05(1), F.S....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...500, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance... ." At the outset, a physician is among those defined as a practitioner under Section
893.02, and Section
893.05(1) provides that: "A practitioner, in good faith and in the course of his professional practice *507 only, may prescribe, administer, dispense, mix or otherwise prepare a controlled substance, ..." Obviously, a doctor can prescribe a d...
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...RCrP 3.140(d)(1). The statute under examination states in part: A practitioner, in good faith and in the course of his professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance... . [Fla. Stat. § 893.05(1)]....
...mere surplusage. The critical language is "unlawfully deliver a drug substance controlled by Chapter 893" which tracks §
893.13 and certainly alleges a violation of the statute. Cf. State v. Vinson, Fla.App.2d, 1974,
298 So.2d 505. It is clear that §
893.05 is an exception to the prohibitions of §
893.13 and does not constitute a separate violation of Chapter 893....
...State, supra ; RCrP 3.140(k)(4); 17 Fla.Jur., Indictments and Informations § 60 (1958, Supp. 1976). We note that in this case the heading of the amended information shows that each count is entitled "BAD FAITH DELIVERY OF A NARCOTIC BY A PRESCRIPTION FS 893.05." We do not believe that this description of the offense would "mislead the accused and embarrass him in the preparation of his defense or expose him after conviction or acquittal to substantial danger of a new prosecution for the same offense." RCrP 3.140( o )....
CopyCited 8 times | Published | Supreme Court of Florida
...After hearing argument on the motion, the circuit court determined that it was presented with a novel question of Florida law which was of great public interest. Invoking Rule 4.6, F.A.R., the judge certified this cause to this Court for instruction on two questions, the first of which is as follows: "Whether Section 893.05(1), Florida Statutes, which provides that: `A practitioner, in good faith and in the course of his professional practice only, may prescribe, administer, dispense, mix or otherwise prepare a controlled substance ...', is unconstitution...
...is professional practice only, may prescribe, administer, dispense, mix or otherwise prepare a controlled substance, or he may cause the same to be administered by a licensed nurse or an intern practitioner under his direction and supervision only." Section
893.05(1), Florida Statutes, thus provides a necessary exception to the imposition of criminal penalties for the conduct proscribed under Section
893.13....
...OVERTON, C.J., and ROBERTS, ENGLAND and HATCHETT, JJ., concur. ADKINS and BOYD, JJ., dissent. NOTES [*] It should be noted that the statute further defines the applicable class of persons in §
893.02(14), Fla. Stat. (1975). "Practitioner," as used in §
893.05(1), supra, is defined by §
893.02(14) as: "a physician licensed pursuant to chapter 458 ......
CopyCited 8 times | Published | Supreme Court of Florida | 42 A.L.R. 4th 579
...at the defendant violated a law, section
893.12, Florida Statutes (1977). A physician who prescribes a controlled drug in bad faith or outside the course of professional practice acts in violation of the statute, as he falls outside the exception of section
893.05 allowing good faith prescription of such drugs in the course of professional practice....
...n. For example, in United States v. Moore,
423 U.S. 122,
96 S.Ct. 335,
46 L.Ed.2d 333 (1975), a physician was convicted of prescribing methadone in a manner which exceeded the bounds of his practice, a violation of the federal equivalent to sections
893.05 and
893.13 of the Florida Statutes....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1321, 1986 Fla. App. LEXIS 8249
...or familiarize himself with the patients' treatment. In the conclusions of law, the hearing officer first addressed Van Ore's prescription practices for the patients as covered by section
458.331(1)(g), (h), (q) and (t), Florida Statutes (1985) and section
893.05(1), Florida Statutes (1985)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2014 WL 51696, 2014 Fla. App. LEXIS 155
...As to the trafficking and conspiracy to traffic charges, the state alleged that appellee knowingly sold or delivered to a person “by means of a prescription written in bad faith and not in the course of professional practice,” various controlled substances, contrary to sections
893.135(l)(c) and
893.05....
...rmation. State v. Wright,
65 So.3d 1203, 1204 (Fla. 4th DCA 2011). We also review de novo a trial court’s interpretation of a statute. State v. Gonzalez,
121 So.3d 625, 628 (Fla. 4th DCA 2013). Appellee was charged under sections
893.135(l)(c) and
893.05....
...f 15 years, and the defendant shall be ordered to pay a fine of $100,000. c. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000. Section 893.05(1) states: 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 same to be ad...
...Clearly, had the legislature wanted to include licensed medical assistant or nurse within the definition of “practitioner” in section
893.02(20), it would have done so. Since appellee is not a “practitioner” under the statutory definition, section
893.05(1), which applies only to practitioners, would not apply....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 11726, 2016 WL 4132072
...good faith or not in the course of Defendant’s professional practice.” (emphasis added). Appellant argues that the instructions should have included the conjunctive “and” rather than the disjunctive “or.” In support, appellant, relies on section 893.05(l)(a), Florida Statutes, which provides that “[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.” Initi...
...See Johnson v. State,
969 So.2d 938, 954 (Fla.2007). Thus, we review the jury instructions for fundamental error. Generally, “good faith” and “in the course of professional practice” are affirmative defenses, not elements of the offenses, because section
893.05(1) is separate from the delivery and trafficking statutes....
...See Norman v. State,
159 So.3d 205, 226 (Fla. 4th DCA 2015) (explaining- that *934 an exception contained in a subsequent or separate clause or statute is an affirmative defense); King v. State,
336 So.2d 1200, 1202 (Fla. 2d DCA 1976) (recognizing that section
893.05 sets forth an affirmative defense)....
...Even accepting appellant’s argument, no fundamental error occurred. If anything, the inclusion of this language actually increased the state’s burden and relieved appellant of the burden of production. ■Further, the use of the word “or” rather than “and” was correct. Section 893.05(1) requires that a practitioner act both in good faith and in the course of his professional practice for the exception to apply....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 4525576, 2013 Fla. App. LEXIS 13676
...In each of those twenty counts, the state alleged that the defendant knowingly sold or delivered to a person, “by means of a prescription written in bad faith and not in the course of professional practice,” various controlled substances, contrary to sections
893.135(l)(c) and
893.05, Florida Statutes (2009)....
...dered to pay a fine of $100,000. c. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000. §
893.135(l)(c)l.c., Fla. Stat. (2009). Section
893.05(1), in pertinent part, provides: 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 same to be administered by a licensed nurse or an intern practitioner under his or her direction and supervision only.... §
893.05(1), Fla. Stat. (2009). The defendant moved to dismiss the twenty counts alleging violations of sections
893.135(l)(c) and
893.05....
CopyPublished | Florida 4th District Court of Appeal
...care with committing a criminal offense.”
The state filed a response arguing the expert would testify on the central
issue at trial, namely whether the defendant’s actions were “in good faith
and in the course of his or her professional practice,” as that phrase is
used in section 893.05(1), Florida Statutes (2012) (“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 ....
...prosecute or present the case, resulting in irreparable harm because if the
defendant is acquitted, the principles of double jeopardy prevent the state
from seeking review. See generally State v. Pettis,
520 So. 2d 250, 252-53
1 The above-referenced phrase is now contained in section
893.05(1)(a), Florida
Statutes (2019).
2
(Fla....
...Our Review
We agree with the state’s arguments. An exception to the prohibitions
found in the Florida Comprehensive Drug Abuse Prevention and Control
Act, section
893.01, Florida Statutes (2012), et seq., is found in section
893.05(1), Florida Statutes (2012), which provides, in pertinent part: “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 . . . .” (emphasis added). See Rodenberg v.
State,
198 So. 3d 930, 933 (Fla. 4th DCA 2016) (“Generally, ‘good faith’
and ‘in the course of professional practice’ are affirmative defenses, not
elements of the offenses, because section
893.05(1) is separate from the
delivery and trafficking statutes.”); King v. State,
336 So. 2d 1200, 1202
(Fla. 2d DCA 1976) (“It is clear that s.
893.05 is an exception to the
prohibitions of s....
...893.13 and does not constitute a separate violation of
Chapter 893.”).
Although “[a] defense or an exception to an offense need not be
negatived in the information charging the offense,” King,
336 So. 2d at
1202, it remains reasonable for the state to seek to negate a section
893.05(1) defense or exception when prosecuting a practitioner for a
violation of section
893.13....
...uage conveys – to “assist the
trier of fact in understanding the evidence or in determining a fact in issue”
– that the defendant did not prescribe the controlled substances “in good
faith and in the course of professional practice” as a section 893.05(1)
exception or defense would allow.
The circuit court’s order prevents the state from presenting expert
testimony on this issue, effectively negating or significantly impairing the
state’s ability to prosecute or present the case....
CopyPublished | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 21840, 2008 WL 4631719
...§
893.13 (l)(a), which makes it a crime to deliver a controlled substance “[ejxcept as authorized by this chapter.” That chapter of the Florida Code authorizes medical doctors to dispense or prescribe controlled substances “in good faith and in the course of his or her professional practice only.” Fla. Stat. §
893.05 (1)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2581, 1985 Fla. App. LEXIS 16981
...As the court in Schramm pointed out, there were statutes other than section 837.-021 under which appellant may have been subject to prosecution! Reversed. DANAHY, A.C.J., concurs. SCHOONOVER, J., concurs in result only. . We are not called upon in this case to determine the applicability of section 893.05(3), Flor- ’ ida Statutes (1983)....
CopyPublished | Florida 2nd District Court of Appeal
... theory, finding Paylan guilty on both counts. On direct appeal, we
affirmed the judgment and Paylan's 364-day sentence.6
b. The Postconviction Proceedings
At the charge conference, Barzee had requested that the jury be
instructed that pursuant to section 893.05, Florida Statutes (2013), "[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." Barzee objected, however, to...
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1873, 1985 Fla. App. LEXIS 17483
...In a 169-count complaint, appellant, a licensed Florida physician, was charged with inappropriately prescribing metha-qualone (quaaludes) 1 on twenty-two specified dates to nine patients in violation of chapter 458, Florida Statutes (1983) (Medical Practice Act) and section 893.05, Florida Statutes (1983) (Florida Comprehensive Drug Abuse Prevention and Control Act)....
CopyPublished | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 16951
of his professional practice as allowed by section
893.05(1), Florida Statutes (1979). Had the state
