Florida State Board of Dispensing Opticians v. Bayne
District Court of Appeal of Florida
1Opinion of the Court
PIERCE, Judge.
This is an apeal from a final declaratory decree entered by the Hillsborough County Circuit Court adjudicating to be void and invalid a rule and regulation promulgated by the Florida State Board of Dispensing Opticians, created under F.S. Ch. 484, F. S.A.
The Rule in question (Rule 245-1.03) imposes a limitation on the place of optical dispensing, by providing that—
“A Dispensing Optician shall not do Optical Dispensing in any establishment where the annual gross sales of other than Optical merchandise or hearing aids is more than 25%.”
After including a grandfather clause, the…
2Cases cited19 opinions
- May v. HolleySupreme Court of Florida · 1952
- Ready v. Safeway Rock CompanySupreme Court of Florida · 1946
- Miami Water Works Local No. 654 v. City of MiamiSupreme Court of Florida · 1946
- Colby v. ColbyDistrict Court of Appeal of Florida · 1960
- Platt v. General Development CorporationDistrict Court of Appeal of Florida · 1960
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3Cited by3 opinions
- Bayne v. Florida State Board of Dispensing OpticiansSupreme Court of Florida · 1968
- Messett v. CohenDistrict Court of Appeal of Florida · 1999
- SUMTER CTY. v. DavisDistrict Court of Appeal of Florida · 1978