The 2023 Florida Statutes (including Special Session C)
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. . . See §§ 395.3025, 456.057, Fla. Stat. (2016). . . .
. . . . § 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 . . .
. . . 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 . . .
. . . The State failed to make any timely attempt to comply with section 395.3025(4)(d), Florida Statutes ( . . .
. . . . §§ 395.3025(4) and 456.057, Fla. Stat. (2014). . . .
. . . preclude the State from using the medical records, so long as the State subsequently complies with section 395.3025 . . .
. . . Sections 395.3025(4)(d) and 456.057(7)(a)(3), Florida Statutes (2014), govern the release of private . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . may apply when the State improperly obtains a defendant’s hospital records in violation of section 395.3025 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . subpoena, and the alleged violation of doctor-patient privilege was not a violation by the State of § 395.3025 . . .
. . . 706 (Fla.1964) (exclusionary rule applies to violation of "knock and announce” statute); see also §§ 395.3025 . . .
. . . . § 1320d-d8); §§ 395.3025, 456.057, Fla. . . .
. . . In addition to the specific provisions of section 381.004 protecting HIV testing, section 395.3025 of . . .
. . . 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 . . .
. . . See § 395.3025(1), Fla. Stat. (1995). . . .
. . . within other statutes which generally preclude disclosure of a patient’s medical records, e.g., sections 395.3025 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . Chapter 2000-163, § 2, at 952, Laws of Florida, added subsection (4)(k) to section 395.3025, which we . . .
. . . Secondly, the trial court erroneously relied on Rutherford because it concerned section 395.3025(4), . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . upon receiving them from Navy investigators, without first obtaining a subpoena pursuant to section 395.3025 . . .
. . . 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 . . .
. . . .” § 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. . . .
. . . 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 . . .
. . . not met its burden of demonstrating that the blood samples are records, as contemplated by section 395.3025 . . .
. . . See § 395.3025(l)-(2), Fla. Stat. (2000). . . .
. . . Florida Statute § 395.3025(2) specifies that the disclosure of medical records of treatment for any mental . . . Stat. § 395.3025(4)(d)(1997). . . .
. . . See § 395.3025(4)(d), Florida Statutes (1995). The records were procured legally. . . .
. . . 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 . . .
. . . protect the medical records of the insureds in the possession of Mutual, the respondent points to section 395.3025 . . .
. . . 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). . . .
. . . the records on the ground that the state had failed to comply with the notice provision in section 395.3025 . . .
. . . 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 . . .
. . . . § 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 . . .
. . . 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 . . .
. . . 766.101(5); (2) contain names of patients or other identifying information protected by Florida Statute § 395.3025 . . .
. . . 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. . . .
. . . 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 . . .
. . . medical records under these circumstances, so long as proper notice is given as required by section 395.3025 . . .
. . . 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 . . .
. . . 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 . . .