Opinion
No. 21854.
June 12, 1951.
Appeal from the Circuit Court, Leon County, Hugh M. Taylor, J.
Richard W. Ervin, Atty. Gen., Murray Sams, Jr., and Phillip Goldman, Assts. Atty. Gen., for appellant.
Robert H. Givens, Jr., Miami, for appellee.
This is a mandamus proceeding. The point for determination is whether or not Harold C. Buchert is entitled to a reciprocal certificate of registration as a pharmacist as provided by Section 465.02(2) and (3), Florida Statutes 1941, F.S.A.
In May 1948, Buchert applied to the State Board of Pharmacy, hereinafter called the Board, for a reciprocal certificate. It was shown that he was duly certificated as a pharmacist under the law of Ohio July 12, 1910. The Board declined to grant him a reciprocal certificate in this State because applicants for certificates to practice pharmacy in Florida are required to make a minimum average of 75, while in Ohio the minimum average required was 70 when Buchert was certificated and it is shown that he made an average of 71.5 which is less than the requirement in this State.
It is further shown that Chapter 25238, Acts of 1949, amended Section 465.02, Florida Statutes 1941, by deleting therefrom the reciprocity provision. It is shown however, that Buchert applied for his certificate in May 1948, more than one year before Chapter 25238 became effective and that the Board did not finally dispose of his application till September 1949, long after Chapter 25238 became effective.
In Goldstein v. Sweeny, Fla., 42 So.2d 367, we held that an applicant for a reciprocal certificate to practice accountancy was entitled to have his rights adjudicated under the law as it existed when he applied for the certificate. In this case the law authorizing reciprocal certificates was repealed after the application was made and while it was not repeatedly renewed as it was in the case last cited, the circumstances did not so require. No laches whatever is shown on the part of Buchert. In all material respects we think this case is ruled by Goldstein v. Sweeny, supra, and Attwood v. Gelbond, Fla., 40 So.2d 458.
Affirmed on authority of the cited cases.
SEBRING, C.J., ROBERTS, J., and PARKS, Associate Justice, concur.