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Florida Statute 395.3025 | Lawyer Caselaw & Research
F.S. 395.3025 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 395
HOSPITAL LICENSING AND REGULATION
View Entire Chapter
F.S. 395.3025
395.3025 Patient and personnel records; copies; examination.
(1) Any licensed facility shall, upon written request, and only after discharge of the patient, furnish, in a timely manner, without delays for legal review, to any person admitted therein for care and treatment or treated thereat, or to any such person’s guardian, curator, or personal representative, or in the absence of one of those persons, to the next of kin of a decedent or the parent of a minor, or to anyone designated by such person in writing, a true and correct copy of all patient records, including X rays, and insurance information concerning such person, which records are in the possession of the licensed facility, provided the person requesting such records agrees to pay a charge. The exclusive charge for copies of patient records may include sales tax and actual postage, and, except for nonpaper records that are subject to a charge not to exceed $2, may not exceed $1 per page. A fee of up to $1 may be charged for each year of records requested. These charges shall apply to all records furnished, whether directly from the facility or from a copy service providing these services on behalf of the facility. However, a patient whose records are copied or searched for the purpose of continuing to receive medical care is not required to pay a charge for copying or for the search. The licensed facility shall further allow any such person to examine the original records in its possession, or microforms or other suitable reproductions of the records, upon such reasonable terms as shall be imposed to assure that the records will not be damaged, destroyed, or altered.
(2) This section does not apply to records maintained at any licensed facility the primary function of which is to provide psychiatric care to its patients, or to records of treatment for any mental or emotional condition at any other licensed facility which are governed by the provisions of s. 394.4615.
(3) This section does not apply to records of substance abuse impaired persons, which are governed by s. 397.501.
(4) Patient records are confidential and must not be disclosed without the consent of the patient or his or her legal representative, but appropriate disclosure may be made without such consent to:
(a) Licensed facility personnel, attending physicians, or other health care practitioners and providers currently involved in the care or treatment of the patient for use only in connection with the treatment of the patient.
(b) Licensed facility personnel only for administrative purposes or risk management and quality assurance functions.
(c) The agency, for purposes of health care cost containment.
(d) In any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice by the party seeking such records to the patient or his or her legal representative.
(e) The agency upon subpoena issued pursuant to s. 456.071, but the records obtained thereby must be used solely for the purpose of the agency and the appropriate professional board in its investigation, prosecution, and appeal of disciplinary proceedings. If the agency requests copies of the records, the facility shall charge no more than its actual copying costs, including reasonable staff time. The records must be sealed and must not be available to the public pursuant to s. 119.07(1) or any other statute providing access to records, nor may they be available to the public as part of the record of investigation for and prosecution in disciplinary proceedings made available to the public by the agency or the appropriate regulatory board. However, the agency must make available, upon written request by a practitioner against whom probable cause has been found, any such records that form the basis of the determination of probable cause.
(f) The Department of Health or its agent, for the purpose of establishing and maintaining a trauma registry and for the purpose of ensuring that hospitals and trauma centers are in compliance with the standards and rules established under ss. 395.401, 395.4015, 395.4025, 395.404, 395.4045, and 395.405, and for the purpose of monitoring patient outcome at hospitals and trauma centers that provide trauma care services.
(g) The Department of Children and Families, its agent, or its contracted entity, for the purpose of investigations of or services for cases of abuse, neglect, or exploitation of children or vulnerable adults.
(h) A local trauma agency or a regional trauma agency that performs quality assurance activities, a panel or committee assembled to assist a local trauma agency, or a regional trauma agency performing quality assurance activities. Patient records obtained under this paragraph are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(i) Organ procurement organizations, tissue banks, and eye banks required to conduct death records reviews pursuant to s. 395.2050.
(j) The Medicaid Fraud Control Unit in the Department of Legal Affairs pursuant to s. 409.920.
(k) The Department of Financial Services, or an agent, employee, or independent contractor of the department who is auditing for unclaimed property pursuant to chapter 717.
(l) A regional poison control center for purposes of treating a poison episode under evaluation, case management of poison cases, or compliance with data collection and reporting requirements of s. 395.1027 and the professional organization that certifies poison control centers in accordance with federal law.
(5) The Department of Health may examine patient records of a licensed facility, whether held by the facility or the Agency for Health Care Administration, for the purpose of epidemiological investigations. The unauthorized release of information by agents of the department which would identify an individual patient is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(6) Patient records shall contain information required for completion of birth, death, and fetal death certificates.
(7)(a) If the content of any record of patient treatment is provided under this section, the recipient, if other than the patient or the patient’s representative, may use such information only for the purpose provided and may not further disclose any information to any other person or entity, unless expressly permitted by the written consent of the patient. A general authorization for the release of medical information is not sufficient for this purpose. The content of such patient treatment record is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(b) Absent a specific written release or authorization permitting utilization of patient information for solicitation or marketing the sale of goods or services, any use of that information for those purposes is prohibited.
(8) Patient records at hospitals and ambulatory surgical centers are exempt from disclosure under s. 119.07(1), except as provided by subsections (1)-(5).
(9) A licensed facility may prescribe the content and custody of limited-access records which the facility may maintain on its employees. Such records shall be limited to information regarding evaluations of employee performance, including records forming the basis for evaluation and subsequent actions, and shall be open to inspection only by the employee and by officials of the facility who are responsible for the supervision of the employee. The custodian of limited-access employee records shall release information from such records to other employers or only upon authorization in writing from the employee or upon order of a court of competent jurisdiction. Any facility releasing such records pursuant to this part shall be considered to be acting in good faith and may not be held liable for information contained in such records, absent a showing that the facility maliciously falsified such records. Such limited-access employee records are exempt from the provisions of s. 119.07(1) for a period of 5 years from the date such records are designated limited-access records.
(10) The home addresses, telephone numbers, and photographs of employees of any licensed facility who provide direct patient care or security services; the home addresses, telephone numbers, and places of employment of the spouses and children of such persons; and the names and locations of schools and day care facilities attended by the children of such persons are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, any state or federal agency that is authorized to have access to such information by any provision of law shall be granted such access in the furtherance of its statutory duties, notwithstanding the provisions of this subsection. The Department of Financial Services, or an agent, employee, or independent contractor of the department who is auditing for unclaimed property pursuant to chapter 717, shall be granted access to the name, address, and social security number of any employee owed unclaimed property.
(11) The home addresses, telephone numbers, and photographs of employees of any licensed facility who have a reasonable belief, based upon specific circumstances that have been reported in accordance with the procedure adopted by the facility, that release of the information may be used to threaten, intimidate, harass, inflict violence upon, or defraud the employee or any member of the employee’s family; the home addresses, telephone numbers, and places of employment of the spouses and children of such persons; and the names and locations of schools and day care facilities attended by the children of such persons are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, any state or federal agency that is authorized to have access to such information by any provision of law shall be granted such access in the furtherance of its statutory duties, notwithstanding the provisions of this subsection. The licensed facility shall maintain the confidentiality of the personal information only if the employee submits a written request for confidentiality to the licensed facility.
History.ss. 26, 30, ch. 82-182; s. 2, ch. 83-108; s. 1, ch. 83-269; s. 42, ch. 85-175; s. 3, ch. 87-399; s. 5, ch. 88-1; s. 1, ch. 88-208; s. 1, ch. 89-85; s. 2, ch. 89-218; s. 2, ch. 89-275; s. 3, ch. 89-283; s. 15, ch. 90-344; s. 22, ch. 92-33; ss. 32, 98, ch. 92-289; s. 24, ch. 93-39; s. 19, ch. 93-177; s. 44, ch. 94-218; s. 2, ch. 94-260; s. 1051, ch. 95-148; s. 2, ch. 95-319; s. 3, ch. 95-387; s. 125, ch. 95-418; s. 4, ch. 95-423; s. 33, ch. 96-169; s. 216, ch. 96-406; s. 37, ch. 97-237; s. 23, ch. 98-166; s. 1, ch. 99-371; s. 15, ch. 2000-160; s. 2, ch. 2000-163; ss. 68, 120, ch. 2000-349; s. 40, ch. 2000-367; s. 10, ch. 2001-222; s. 141, ch. 2001-277; s. 108, ch. 2003-402; s. 1, ch. 2004-43; s. 71, ch. 2004-265; s. 144, ch. 2004-390; s. 3, ch. 2005-256; s. 1, ch. 2009-172; s. 111, ch. 2014-19; s. 28, ch. 2017-151.
Note.Former s. 395.017.

F.S. 395.3025 on Google Scholar

F.S. 395.3025 on Casetext

Amendments to 395.3025


Arrestable Offenses / Crimes under Fla. Stat. 395.3025
Level: Degree
Misdemeanor/Felony: First/Second/Third

S395.3025 5 - INVADE PRIVACY - DEPT AGENTS DISCLOSE PATIENT HOSPITAL RECORDS - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

GOMILLION, DOC v. STATE, 267 So. 3d 502 (Fla. App. Ct. 2019)

. . . See §§ 395.3025, 456.057, Fla. Stat. (2016). . . .

SHANDS JACKSONVILLE MEDICAL CENTER, INC. v. PUSHA,, 254 So. 3d 1076 (Fla. App. Ct. 2018)

. . . . § 395.3025(4), Fla. Stat. (2011). . . . Section 395.3025(1), Florida Statutes (2011), provides the following guidelines for obtaining medical . . . Pusha's request for Freeman's medical records is deficient under section 395.3025(1) because it does . . . did not include a valid authorization for their release, the request failed to comply with section 395.3025 . . .

J. B. a v. STATE, 250 So. 3d 829 (Fla. App. Ct. 2018)

. . . section 90.503(4), she argues that she is nevertheless entitled to the records under sections 456.057 and 395.3025 . . . Based on our review of sections 395.3025, 456.057, and 90.503, and the relevant case law, we reject this . . . First, subparagraph (2) of section 395.3025 explicitly states that section 395.3025"does not apply to . . . Additionally, subparagraph (4) of section 395.3025 provides: (4) Patient records are confidential and . . . of the enumerated exceptions in section 90.503(4) because she may compel disclosure under sections 395.3025 . . .

STATE v. CARTER,, 177 So. 3d 1028 (Fla. Dist. Ct. App. 2015)

. . . The State failed to make any timely attempt to comply with section 395.3025(4)(d), Florida Statutes ( . . .

BARAHONA, v. STATE, 172 So. 3d 470 (Fla. Dist. Ct. App. 2015)

. . . . §§ 395.3025(4) and 456.057, Fla. Stat. (2014). . . .

STATE v. STRICKLING,, 164 So. 3d 727 (Fla. Dist. Ct. App. 2015)

. . . preclude the State from using the medical records, so long as the State subsequently complies with section 395.3025 . . .

FABER, v. STATE, 157 So. 3d 429 (Fla. Dist. Ct. App. 2015)

. . . Sections 395.3025(4)(d) and 456.057(7)(a)(3), Florida Statutes (2014), govern the release of private . . .

RESNICK, v. AVMED, INC. a, 693 F.3d 1317 (11th Cir. 2012)

. . . was negligent in protecting their sensitive information and negligent per se when it violated section 395.3025 . . . A Plaintiffs allege that AvMed was negligent per se when it violated section 395.3025 of the Florida . . . 395.3025(4) states that “[p]atient records are confidential and must not be disclosed without the consent . . . Stat. § 395.3025 only applies to licensed facilities defined in § 395.002(16) and not to pharmacies). . . . Section 395.3025 does not purport to regulate AvMed’s behavior, and so AvMed’s failure to comply with . . .

STATE v. SALLE- GREEN,, 93 So. 3d 1169 (Fla. Dist. Ct. App. 2012)

. . . evidence which provided an independent basis to obtain Salle-Green’s medical records under section 395.3025 . . . Medical Blood Test Results Under Section 395.3025(4)(d) “A patient’s medical records enjoy a confidential . . . Section 395.3025(4), provides exceptions to the general rule requiring patient confidentiality. . . . the hospital eight weeks after the crash without complying with the notice requirements of section 395.3025 . . . police officer obtained the defendant’s medical blood test results but did not comply with section 395.3025 . . .

STATE v. THOMPSON,, 72 So. 3d 246 (Fla. Dist. Ct. App. 2011)

. . . the federal Health Insurance Portability and Accountability Act (HIPAA) and sections 456.057(7) and 395.3025 . . . court already has determined that law enforcement does not violate either section 456.057(7) or section 395.3025 . . . are expressly excluded from the definition of ‘health care practitioner’ ” and stating that section 395.3025 . . . Because the search here of Thompson’s pharmacy records did not violate HIPAA or sections 456.057(7) and 395.3025 . . .

MULLIS, v. STATE, 79 So. 3d 747 (Fla. Dist. Ct. App. 2011)

. . . may apply when the State improperly obtains a defendant’s hospital records in violation of section 395.3025 . . .

GUARDADO, v. STATE, 61 So. 3d 1210 (Fla. Dist. Ct. App. 2011)

. . . Guardado objected pursuant to sections 395.3025(4) and 456.057, Florida Statutes (2005), but the court . . . Section 395.3025(4)(d), Florida Statutes, is a legislative attempt to balance a patient’s privacy rights . . . Section 395.3025(4)(d) outlines the procedure for obtaining medical records under subpoena: (4) Patient . . . proper notice by-the party seeking such records to the patient or his or her legal representative. § 395.3025 . . . medical records through a subpoena, because the state did not in bad faith fail to comply with section 395.3025 . . .

STATE v. ALBRITTON,, 58 So. 3d 894 (Fla. Dist. Ct. App. 2011)

. . . The trial court found that Albritton’s pharmacy records were protected by section 395.3025(4)(d), Florida . . . Jan.3, 2011), however, this court determined that section 395.3025 did not apply to pharmacies. . . . the trial courts, the primary argument has been that the pharmacy records are protected by section 395.3025 . . .

HENDLEY, v. STATE, 58 So. 3d 296 (Fla. Dist. Ct. App. 2011)

. . . obtained information from Hedges Pharmacy and from Sarasota Emergency Associates in violation of sections 395.3025 . . . seized his records from Hedges Pharmacy without a warrant, a subpoena, or notice to him under sections 395.3025 . . . Section 395.3025 applies to “licensed facilities],” which are defined as “a hospital, ambulatory surgical . . . Tamulonis, 39 So.3d 524, 527 (Fla. 2d DCA 2010) (stating that section 395.3025 does not apply to pharmacies . . .

STATE v. SHUKITIS,, 60 So. 3d 406 (Fla. Dist. Ct. App. 2010)

. . . To support this contention, Shuki-tis relied on sections 456.057(7)(a)(3) and 395.3025(4)(d), Florida . . . Relying on section 395.3025, Shuki-tis further argued in his motion that patient records are confidential . . . Initially, we note that this court already has concluded that section 395.3025 does not apply to pharmacies . . . As such, the trial court here erred in applying section 395.3025 to Shukitis’ records that were obtained . . . See § 395.3025, Fla. Stat. (hospitals); §§ 400.0077 & 400.022(l)(m), Fla. Stat. . . .

STATE v. YUTZY,, 43 So. 3d 910 (Fla. Dist. Ct. App. 2010)

. . . In the order, the trial court ruled that the corporal’s actions contravened sections 395.3025(4)(d) and . . . In Tamulonis, this court held that neither section 395.3025(4)(d) (applying to licensed facilities, the . . .

STATE v. TAMULONIS,, 39 So. 3d 524 (Fla. Dist. Ct. App. 2010)

. . . Tamulonis contended that sections 456.057(7)(a)(3) and 395.3025(4)(d), Florida Statutes (2007 & 2008) . . . Tamulonis argued below that her pharmacy records were also protected by section 395.3025. . . . Section 395.3025, however, does not support Tamulonis’s position because the statute applies to “licensed . . . See § 395.3025, Fla. Stat. (hospitals); §§ 400.0077 & 400.022(l)(m), Fla. Stat. . . . Section 395.3025 provides in pertinent part: (4) Patient records are confidential and must not be disclosed . . .

STATE v. BEAN,, 36 So. 3d 116 (Fla. Dist. Ct. App. 2010)

. . . Instead, he argues a similar theory under section 395.3025, Florida Statutes (2006). . . . Bean has shifted his analysis to section 395.3025 because of the supreme court’s decision in State v. . . . .2002), which discussed the application of the exclusionary rule to a statutory violation of section 395.3025 . . . It relies extensively on section 395.3025 when there is no factual basis to determine that any licensed . . .

STATE v. FERNANDEZ,, 36 So. 3d 120 (Fla. Dist. Ct. App. 2010)

. . . Roe, 429 U.S. 589, 97 S.Ct. 869, 51 L.Ed.2d 64 (1977), and section 395.3025(4). . . . The State claims that section 395.3025(4) does not apply to pharmacies. . . . We note that the First District recently held that section 395.3025 does not apply to pharmacy records . . . We do not reach the application of sections 395.3025(4) or 893.07(4) to the instant case, however, because . . . In order to be entitled to application of the exclusionary rule for a violation of section 395.3025(4 . . .

STATE v. L. CARTER,, 23 So. 3d 798 (Fla. Dist. Ct. App. 2009)

. . . See § 395.3025, Fla. Stat. (hospitals); §§ 400.0077 & 400.022(l)(m), Fla. Stat. . . . Appellee, pertaining to the procedures for a hospital’s disclosure of medical records governed by section 395.3025 . . .

I. NELSON, v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS,, 610 F. Supp. 2d 1323 (M.D. Fla. 2009)

. . . subpoena, and the alleged violation of doctor-patient privilege was not a violation by the State of § 395.3025 . . .

JENKINS, v. STATE, 978 So. 2d 116 (Fla. 2008)

. . . 706 (Fla.1964) (exclusionary rule applies to violation of "knock and announce” statute); see also §§ 395.3025 . . .

In D. G. a N. L. E. v., 970 So. 2d 486 (Fla. Dist. Ct. App. 2007)

. . . . § 1320d-d8); §§ 395.3025, 456.057, Fla. . . .

FLORIDA DEPARTMENT OF CORRECTIONS, v. M. ABRIL,, 969 So. 2d 201 (Fla. 2007)

. . . In addition to the specific provisions of section 381.004 protecting HIV testing, section 395.3025 of . . .

McALEVY, v. STATE, 947 So. 2d 525 (Fla. Dist. Ct. App. 2006)

. . . Section 395.3025, Florida Statutes, outlines the procedure for obtaining a person’s medical records under . . . proper notice by the party seeking such records to the patient or his or her legal representative. § 395.3025 . . .

FERREIRO, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, a, 928 So. 2d 374 (Fla. Dist. Ct. App. 2006)

. . . See § 395.3025(1), Fla. Stat. (1995). . . .

DUCKWORTH, v. STATE, 923 So. 2d 530 (Fla. Dist. Ct. App. 2006)

. . . within other statutes which generally preclude disclosure of a patient’s medical records, e.g., sections 395.3025 . . .

JENKINS, v. STATE, 924 So. 2d 20 (Fla. Dist. Ct. App. 2006)

. . . exclusionary rule should be applied as a remedy for the State’s violation of the notice provision of section 395.3025 . . . proper notice by the party seeking such records to the patient or his or her legal representative.” § 395.3025 . . . when the State does not make a good faith effort to comply with the procedural requirements of section 395.3025 . . . The knock-and-announce provisions, like section 395.3025(4), are silent with respect to the remedies . . .

STATE v. KUTIK,, 914 So. 2d 484 (Fla. Dist. Ct. App. 2005)

. . . subpoena for Kdtik’s medical records, with notice of the réquest to his lawyer, pursuant to section 395.3025 . . . the police made no good faith effort to comply with the subpoena and notice requirements of section 395.3025 . . . Johnson moved to suppress her medical records based upon a violation of section 395.3025(4)(d). Id. . . . In this case, unlike Johnson, Demeule-naere never attempted to comply with section 395.3025. . . . Sections 395.3025 and 316.1933(2)(a) have long been Florida law, and Johnson was decided in 2002. . . .

R. FRANK, v. STATE, 912 So. 2d 329 (Fla. Dist. Ct. App. 2005)

. . . Frank’s blood alcohol test from the hospital without complying with the notice requirements of section 395.3025 . . . Section 395.3025 represents the legislature’s effort to balance a patient’s privacy rights against the . . . Here, it is undisputed that law enforcement made no effort to comply with section 395.3025 prior to obtaining . . . State fails to establish that the State, or its agents, made a good faith effort to comply with section 395.3025 . . . alternative if for some reason it is unwilling, or, unable, to comply with the requirements of section 395.3025 . . .

STATE v. RATTRAY, C. R., 903 So. 2d 1015 (Fla. Dist. Ct. App. 2005)

. . . The notices stated that the State was providing notice pursuant to sections 395.3025 and 456.057, Florida . . . The court found that section 395.3025 provided the exclusive method a law enforcement agency must use . . . The question which is presented to this court is whether a subpoena as mentioned in sections 395.3025 . . . the only mechanism for obtaining disclosure of medical records when all the safeguards of sections 395.3025 . . . Although Limbaugh resolves the issue that sections 395.3025 and 456.057 are not the exclusive method . . .

FARRALL, v. STATE, 902 So. 2d 820 (Fla. Dist. Ct. App. 2004)

. . . that it requires application of the exclusionary rule anytime the state fails to comply with section 395.3025 . . . The procedure for obtaining a person’s medical records pursuant to a subpoena is outlined in section 395.3025 . . .

LIMBAUGH, v. STATE, 887 So. 2d 387 (Fla. Dist. Ct. App. 2004)

. . . We deny all rehearing but certify the following question to the Supreme Court: Do §§ 395.3025(4) and . . . When the legislature enacted sections 395.3025 and 456.057, Florida Statutes (2003) to address the “disclosure . . . See also §§ 395.3025 and 456.057, Fla. . . . Most significantly, sections 395.3025 and 456.057 specifically address the “disclosure” of medical records . . . See §§ 395.3025 and 456.057, Fla. Stat. (2003). . . . See §§ 395.3025 and 456.057, Fla. Stat. (2003). . . . of Florida State Statute 893.13 against your client [petitioner], Pursuant to Florida State Statute 395.3025 . . . “This letter constitutes proper notice as contemplated by Florida State Statute 395.3025(4)(d). . . . explained: “The issues before us are whether the State can avoid the procedural requirements of section 395.3025 . . . power under section 27.04, Florida Statutes (1997), cannot override the notice requirement of section 395.3025 . . . See § 395.3025(4)(d), Fla. . . .

SNEED, v. STATE, 876 So. 2d 1235 (Fla. Dist. Ct. App. 2004)

. . . medical records from the hospital without giving notice to Sneed or his attorney, in violation of section 395.3025 . . . erred in admitting the hospital records, where they had first been obtained in violation of section 395.3025 . . . Johnson, 814 So.2d 390 (Fla.2002), by holding that hospital records obtained in violation of section 395.3025 . . . proper notice by the party seeking such records to the patient or his or her legal representative. § 395.3025 . . .

STATE v. A. EATON,, 868 So. 2d 650 (Fla. Dist. Ct. App. 2004)

. . . discovery; and second, because the blood alcohol test results had been obtained in violation of section 395.3025 . . . Section 395.3025(4)(d), Florida Statutes (2002), provides: (4) Patient records are confidential and must . . . Eaton’s second argument — that the blood alcohol test results had been obtained in violation of section 395.3025 . . .

SNEED, v. STATE, 934 So. 2d 475 (Fla. Dist. Ct. App. 2004)

. . . medical records from the hospital without giving notice to Sneed ór his attorney, in violation of section 395.3025 . . . erred in admitting the hospital records, where they had first been obtained in violation of section 395.3025 . . . 390 (Fla.2002), the Florida Supreme Court held that hospital records obtained in violation of section 395.3025 . . . proper notice by the party seeking such records to the patient or his or her legal representative. 395.3025 . . .

COMMUNITY HEALTHCARE CENTERONE, INC. CHC n k a v. STATE, 852 So. 2d 322 (Fla. Dist. Ct. App. 2003)

. . . Chapter 2000-163, § 2, at 952, Laws of Florida, added subsection (4)(k) to section 395.3025, which we . . .

STATE v. McCORD,, 828 So. 2d 458 (Fla. Dist. Ct. App. 2002)

. . . Secondly, the trial court erroneously relied on Rutherford because it concerned section 395.3025(4), . . .

CERRONI, v. STATE, 823 So. 2d 150 (Fla. Dist. Ct. App. 2002)

. . . See § 395.3025(4), Fla. Stat. (2000). . . . the patient’s consent if the state follows the requirements set out by 'the legislature in section 395.3025 . . . medical records through a subpoena, because the state did not in bad faith fail to comply with section 395.3025 . . .

STATE v. CASHNER,, 819 So. 2d 227 (Fla. Dist. Ct. App. 2002)

. . . its intention to issue two subpoenas duces tecum for Cashner’s medical records pursuant to section 395.3025 . . . The state contends that it did not violate section 395.3025(4)(d) because it did, in fact, give notice . . . Section 395.3025(4)(d), Florida Statutes, reads: (4) Patient records are confidential and must not be . . . “Section 395.3025 is a legislative attempt to balance a patient’s privacy rights against legitimate access . . . the state “failed to adequately provide notice to Defendant or counsel as required by Florida Statute 395.3025 . . .

A. THOMAS, v. STATE, 820 So. 2d 382 (Fla. Dist. Ct. App. 2002)

. . . Thomas contended the subpoena was issued in violation of section 395.3025, Florida Statutes (1999). . . . suppress, the trial court determined that the State complied with the notice requirement of section 395.3025 . . .

LEVERITT, v. STATE, 817 So. 2d 891 (Fla. Dist. Ct. App. 2002)

. . . upon receiving them from Navy investigators, without first obtaining a subpoena pursuant to section 395.3025 . . .

STATE v. JOHNSON,, 814 So. 2d 390 (Fla. 2002)

. . . State attempted to notify her that her hospital records were being subpoenaed, pursuant to section 395.3025 . . . medical records, asserting that they were obtained in violation of the notice requirement of section 395.3025 . . . Section 395.3025 is a legislative attempt to balance a patient’s privacy rights against legitimate access . . . Having determined that section 395.3025 is applicable, we next address the consequences of the State’ . . . Section 395.3025 provides in pertinent part: (4) Patient records are confidential and must not be disclosed . . . the State does not make a good faith effort to provide the statutorily required notice under section 395.3025 . . . Without the threat of the exclusion of evidence, the incentive for a prosecutor to comply with section 395.3025 . . .

STATE v. FAHNER,, 794 So. 2d 712 (Fla. Dist. Ct. App. 2001)

. . . .” § 395.3025(4)(d), Fla. Stat. (Supp.1998). . . . defendant’s post-accident medical records, and that this notice was being given pursuant to section 395.3025 . . . this will eliminate any incentive for the prosecutor to follow the notice requirement of paragraph 395.3025 . . . It may also be advisable for section 395.3025 to spell out how notice is to be given and what proof of . . . This Notice is given pursuant to Florida Statutes section 395.3025. . . .

CAMERON, v. STATE, 804 So. 2d 338 (Fla. Dist. Ct. App. 2001)

. . . We affirmed the suppression of the medical records because of noncompliance with section 395.3025(4), . . . We reasoned that under section 395.3025(4): “a patient’s medical records [are] protected under Florida . . . Section 395.3025(4), the statute at issue in Rutherford, is clearly one of the other provisions of law . . . In contrast to Rutherford’s section 395.3025(4), the boating consent statute, section 327.352(3), allows . . .

TILLINGER, v. STATE, 789 So. 2d 1146 (Fla. Dist. Ct. App. 2001)

. . . not met its burden of demonstrating that the blood samples are records, as contemplated by section 395.3025 . . .

ATTORNEY AD LITEM FOR D. K. a v. PARENTS OF D. K., 780 So. 2d 301 (Fla. Dist. Ct. App. 2001)

. . . See § 395.3025(l)-(2), Fla. Stat. (2000). . . .

A. BUTTERWORTH, v. X HOSPITAL,, 763 So. 2d 467 (Fla. Dist. Ct. App. 2000)

. . . Florida Statute § 395.3025(2) specifies that the disclosure of medical records of treatment for any mental . . . Stat. § 395.3025(4)(d)(1997). . . .

M. PATTERSON, v. STATE, 760 So. 2d 161 (Fla. Dist. Ct. App. 2000)

. . . See § 395.3025(4)(d), Florida Statutes (1995). The records were procured legally. . . .

KLOSSETT, v. STATE, 763 So. 2d 1159 (Fla. Dist. Ct. App. 2000)

. . . never given notice that the State intended to subpoena his medical records, as required by section 395.3025 . . . motion, ruling that the State had attempted in good faith to comply with the notice provision of section 395.3025 . . . Section 395.3025 provides in pertinent part as follows: (4) Patient records are confidential and must . . . The purpose of the notice requirement under section 395.3025(4)(d) is to allow the patient an opportunity . . .

STATE v. VIATICAL SERVICES, INC., 741 So. 2d 560 (Fla. Dist. Ct. App. 1999)

. . . protect the medical records of the insureds in the possession of Mutual, the respondent points to section 395.3025 . . .

DOE, v. E. STINCER, Dr., 175 F.3d 879 (11th Cir. 1999)

. . . Butterworth, Attorney General of the State of Florida, is permanently enjoined from enforcing section 395.3025 . . . regulation, rule, policy, procedure, practice or guideline which is based on or relies upon section 395.3025 . . . established that there is no genuine issue of material fact concerning alleged actions under section 395.3025 . . . absence of any showing that, but for the injunction, he would either take steps to enforce section 395.3025 . . . regulation, rule, policy, procedure, practice or guideline which is based on or relies upon section 395.3025 . . . . § 395.3025(2) as preempted by the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. . . . Section 395.3025 provides hospital patients with a right to obtain their medical records. . . . .” § 395.3025(1). . . . However, § 395.3025(2) states that “[tjhis section does not apply to records maintained at any licensed . . . Ann. § 395.3025(2). . . .

STATE v. MANNEY,, 723 So. 2d 928 (Fla. Dist. Ct. App. 1999)

. . . the records on the ground that the state had failed to comply with the notice provision in section 395.3025 . . .

J. CLARK, v. STATE, 705 So. 2d 1057 (Fla. Dist. Ct. App. 1998)

. . . HAS OBTAINED A PATIENT’S MEDICAL RECORDS WITHOUT COMPLYING WITH THE NOTICE REQUIREMENTS OF SUBSECTION 395.3025 . . . subpoena for hospital records containing the results of blood tests of appellant, pursuant to section 395.3025 . . .

DOE, v. Dr. E. STINCER, Dr., 990 F. Supp. 1427 (S.D. Fla. 1997)

. . . . § 395.3025. . . . . § 395.3025(2). . . . According to the Plaintiff, section 395.3025(2), Florida Statutes, is defective in that it excludes individuals . . . Butterworth, Attorney General for the State of Florida, is permanently enjoined from enforcing section 395.3025 . . . regulation, rule, policy, procedure, practice or guideline which is based on or relies upon section 395.3025 . . .

STATE v. RUTHERFORD,, 707 So. 2d 1129 (Fla. Dist. Ct. App. 1997)

. . . Section 395.3025(4) states that a hospital’s “patient records are confidential and must not be disclosed . . . State, the fifth district construed section 395.3025(4)(d) in conjunction with section 27.04, Florida . . . Section 395.3025(4)(d) is a legislative determination singling out hospital records as being entitled . . . Richter, 671 So.2d 149, 154 (Fla.1996) (noting that statute analogous to section 395.3025(4)(d), section . . . With its requirement that a court authorize a subpoena after notice to the patient, section 395.3025( . . . seeks to do by this appeal — to issue a second subpoena which comports with the requirements of section 395.3025 . . . taking of a person’s blood sample without their consent or the due process requirements of section 395.3025 . . . is no indication in Hunter that the state actually obtained hospital records in violation of section 395.3025 . . .

M. MARTINEZ, M. D. v. PROVIDENT LIFE AND ACCIDENT INSURANCE CO., 174 F.R.D. 502 (S.D. Fla. 1997)

. . . 766.101(5); (2) contain names of patients or other identifying information protected by Florida Statute § 395.3025 . . .

HOSPITAL CORRESPONDENCE CORP. v. McRAE,, 682 So. 2d 1177 (Fla. Dist. Ct. App. 1996)

. . . Although we approve the lower court’s interpretation of section 395.3025(1), we believe the lower court . . . HCC’s principal defense is that section 395.3025(1), Florida Statutes authorizes a charge of $2 for each . . . The primary issue on appeal is the proper interpretation of the language of section 395.3025(1). . . . See § 395.3025(3), Fla. Stat. (1993). . . . With respect to the enactment of section 395.3025(1), the statement concluded: Section 32. . . .

BAPTIST HOSPITAL OF MIAMI, INC. v. DEMARIO,, 661 So. 2d 319 (Fla. Dist. Ct. App. 1995)

. . . the hospital calculated the copying charge at a rate which exceeds the amount allowed by subsection 395.3025 . . . shown, we need not reach the claim of meritorious defense, namely, the proper interpretation of section 395.3025 . . .

A. USSERY, v. STATE, 654 So. 2d 561 (Fla. Dist. Ct. App. 1995)

. . . medical records under these circumstances, so long as proper notice is given as required by section 395.3025 . . .

STATE v. EDWARDS,, 650 So. 2d 630 (Fla. Dist. Ct. App. 1994)

. . . Pittman provided copies of these records to Edwards’ attorney, pursuant to section 395.3025(4)(d), Florida . . . and, thus, the state was required to obtain a subpoena and provide notice to him pursuant to section 395.3025 . . . If there was a violation, it was Pittman who violated section 395.3025(7) by disclosing Edwards’ confidential . . . Section 395.3025(4)(d) states that disclosure of confidential medical records is prohibited except by . . . Section 395.3025(7) states in part: "If the content of any record of patient treatment is provided under . . .

HUNTER, v. STATE, 639 So. 2d 72 (Fla. Dist. Ct. App. 1994)

. . . that the subpoena was issued before he had received notice in violation of Florida Statutes sections 395.3025 . . . notice by the party seeking such records to the patient or his [or her] legal representative.” §§' 395.3025 . . .