Florida Statute 395.3025 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 395
HOSPITAL LICENSING AND REGULATION

View Entire Chapter

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.

(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 CourtListener

Amendments to 395.3025

Annotations, Discussions, Cases:

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

Cases Citing Statute 395.3025

Total Results: 62

Doe v. Stincer

175 F.3d 879, 9 Am. Disabilities Cas. (BNA) 664, 1999 U.S. App. LEXIS 8414, 1999 WL 269679

Court of Appeals for the Eleventh Circuit | Filed: May 4, 1999 | Docket: 395334

Cited 70 times | Published

enjoining the enforcement of Fla. Stat. Ann. § 395.3025(2) as preempted by the Americans with Disabilities

Jean Resnick v. AvMed, Inc.

693 F.3d 1317, 2012 WL 3833035, 2012 U.S. App. LEXIS 18680

Court of Appeals for the Eleventh Circuit | Filed: Sep 5, 2012 | Docket: 147645

Cited 57 times | Published

information and negligent per se when it violated section 395.3025 of the Florida Statutes, which protects medical

Florida Dept. of Corrections v. Abril

969 So. 2d 201, 26 I.E.R. Cas. (BNA) 1343, 32 Fla. L. Weekly Supp. 635, 2007 Fla. LEXIS 1902

Supreme Court of Florida | Filed: Oct 18, 2007 | Docket: 1404038

Cited 41 times | Published

of section 381.004 protecting HIV testing, section 395.3025 of the Florida Statutes also expressly provides

Doe v. Stincer

175 F.3d 879

Court of Appeals for the Eleventh Circuit | Filed: May 4, 1999 | Docket: 395335

Cited 37 times | Published

enjoining the enforcement of Fla. Stat. Ann. § 395.3025(2) as preempted by the Americans with Disabilities

State v. Johnson

814 So. 2d 390, 2002 WL 432438

Supreme Court of Florida | Filed: Mar 21, 2002 | Docket: 1368931

Cited 30 times | Published

records were being subpoenaed, pursuant to section 395.3025, Florida Statutes (1997).[1] After its attempts

Baptist Hosp. of Miami, Inc. v. Demario

661 So. 2d 319, 1995 Fla. App. LEXIS 9369, 1995 WL 521106

District Court of Appeal of Florida | Filed: Sep 6, 1995 | Docket: 1526360

Cited 20 times | Published

defense, namely, the proper interpretation of section 395.3025, Florida Statutes (1993). [6] We likewise

Attorney Ad Litem for DK v. Parents of DK

780 So. 2d 301, 2001 Fla. App. LEXIS 3473, 2001 WL 273834

District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 1708825

Cited 13 times | Published

do not include psychiatric care records. See § 395.3025(1)-(2), Fla. Stat. (2000). Section 456.059 provides

Florida Hosp. Waterman, Inc. v. Buster

932 So. 2d 344, 2006 WL 566084

District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 1285604

Cited 10 times | Published

fees and timeliness of compliance. See, e.g., § 395.3025, Fla. Stat. (2004); § 456.057(4), (16), Fla.

State v. Carter

23 So. 3d 798, 2009 Fla. App. LEXIS 18194, 2009 WL 4111210

District Court of Appeal of Florida | Filed: Nov 30, 2009 | Docket: 1181784

Cited 9 times | Published

disclosure by other health care entities. See § 395.3025, Fla. Stat. (hospitals); §§ 400.0077 & 400.022(1)(m)

Limbaugh v. State

887 So. 2d 387, 2004 WL 2238978

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 1515140

Cited 9 times | Published

State can avoid the procedural requirements of section 395.3025(4)(d) by use of its investigative subpoena

Cameron v. State

804 So. 2d 338, 2001 WL 803716

District Court of Appeal of Florida | Filed: Jul 18, 2001 | Docket: 1334788

Cited 9 times | Published

medical records because of noncompliance with section 395.3025(4), which creates a general right of privacy

State v. Tamulonis

39 So. 3d 524, 2010 Fla. App. LEXIS 10025, 2010 WL 2696288

District Court of Appeal of Florida | Filed: Jul 9, 2010 | Docket: 1933898

Cited 7 times | Published

pharmacy records were also protected by section 395.3025. Section 395.3025, however, does not support Tamulonis's

Sneed v. State

876 So. 2d 1235, 2004 WL 1354247

District Court of Appeal of Florida | Filed: Jun 16, 2004 | Docket: 1670918

Cited 7 times | Published

to Sneed or his attorney, in violation of section 395.3025(4)(d), Florida Statutes (1998).[2] The State

Leveritt v. State

817 So. 2d 891, 2002 WL 857314

District Court of Appeal of Florida | Filed: May 7, 2002 | Docket: 2534771

Cited 7 times | Published

without first obtaining a subpoena pursuant to section 395.3025(4), Florida Statutes (1997). We find that

Ussery v. State

654 So. 2d 561, 1995 WL 15542

District Court of Appeal of Florida | Filed: Jan 18, 1995 | Docket: 824399

Cited 7 times | Published

long as proper notice is given as required by section 395.3025(4), Florida Statutes (1993), which provides

McAlevy v. State

947 So. 2d 525, 2006 WL 3733181

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 1720386

Cited 6 times | Published

Rivers, 787 So.2d 952, 953 (Fla. 2d DCA 2001). Section 395.3025, Florida Statutes, outlines the procedure

Mullis v. State

79 So. 3d 747, 2011 Fla. App. LEXIS 14233, 2011 WL 3962910

District Court of Appeal of Florida | Filed: Sep 9, 2011 | Docket: 2356189

Cited 5 times | Published

defendant's hospital records in violation of section 395.3025, Florida Statutes (1997)). The Fourth District

Klossett v. State

763 So. 2d 1159, 2000 WL 36275

District Court of Appeal of Florida | Filed: Jan 19, 2000 | Docket: 1681834

Cited 5 times | Published

subpoena his medical records, as required by section 395.3025 of the Florida Statutes. At the suppression

State v. Manney

723 So. 2d 928, 1999 WL 12700

District Court of Appeal of Florida | Filed: Jan 15, 1999 | Docket: 1693537

Cited 5 times | Published

failed to comply with the notice provision in section 395.3025(4)(d), Florida Statutes (1995) and the procedural

Guardado v. State

61 So. 3d 1210, 2011 Fla. App. LEXIS 7188, 2011 WL 1877812

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 60300399

Cited 4 times | Published

23, Fla. Const.; McAlevy, 947 So.2d at 529. Section 395.3025(4)(d), Florida Statutes, is a legislative

State v. Fernandez

36 So. 3d 120, 2010 Fla. App. LEXIS 407, 2010 WL 199301

District Court of Appeal of Florida | Filed: Jan 22, 2010 | Docket: 1639140

Cited 4 times | Published

medical records protected under Florida law by section 395.3025(4)(d), Florida Statutes (2007).[1] She argued

Jenkins v. State

924 So. 2d 20, 2006 WL 167672

District Court of Appeal of Florida | Filed: Jan 25, 2006 | Docket: 1735947

Cited 4 times | Published

State's violation of the notice provision of section 395.3025(4), Florida Statutes (1997), which provides

Frank v. State

912 So. 2d 329, 2005 WL 2043000

District Court of Appeal of Florida | Filed: Aug 26, 2005 | Docket: 1755666

Cited 4 times | Published

complying with the notice requirements of section 395.3025, Florida Statutes (2003). On appeal, Frank

Thomas v. State

820 So. 2d 382, 2002 WL 1058454

District Court of Appeal of Florida | Filed: May 29, 2002 | Docket: 1362406

Cited 4 times | Published

contended the subpoena was issued in violation of section 395.3025, Florida Statutes (1999). In its order denying

Hendley v. State

58 So. 3d 296, 2011 WL 561407

District Court of Appeal of Florida | Filed: Feb 18, 2011 | Docket: 60299302

Cited 3 times | Published

denying his motion to suppress. We disagree. Section 395.3025 applies to “licensed facilities],” which are

State v. Rattray

903 So. 2d 1015, 2005 WL 1398117

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 1675304

Cited 3 times | Published

warrant to obtain medical records, and that section 395.3025(4)(d)[3] provided the only method for obtaining

Farrall v. State

902 So. 2d 820, 2004 WL 2600479

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 1257077

Cited 3 times | Published

rule anytime the state fails to comply with section 395.3025, Florida Statutes). Appellant was charged

State v. Eaton

868 So. 2d 650, 2004 WL 535283

District Court of Appeal of Florida | Filed: Mar 19, 2004 | Docket: 1510578

Cited 3 times | Published

results had been obtained in violation of section 395.3025(4)(d), Florida Statutes (2002).[2] The trial

State v. Bean

36 So. 3d 116, 2010 Fla. App. LEXIS 410, 2010 WL 199299

District Court of Appeal of Florida | Filed: Jan 22, 2010 | Docket: 2409839

Cited 2 times | Published

Instead, he argues a similar theory under section 395.3025, Florida Statutes (2006). That statute requires

State v. Fahner

794 So. 2d 712, 2001 WL 1093048

District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 1737887

Cited 2 times | Published

patient or his or her legal representative." § 395.3025(4)(d), Fla. Stat. (Supp.1998). In this case the

State v. Viatical Services, Inc.

741 So. 2d 560, 1999 Fla. App. LEXIS 10478, 1999 WL 565896

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 1511143

Cited 2 times | Published

possession of Mutual, the respondent points to section 395.3025(4)(d), Florida Statutes (1997), which prohibits

Hospital Correspondence Corp. v. McRae

682 So. 2d 1177, 1996 WL 648293

District Court of Appeal of Florida | Filed: Nov 8, 1996 | Docket: 1681049

Cited 2 times | Published

approve the lower court's interpretation of section 395.3025(1), we believe the lower court erred in determining

J.B. v. State

250 So. 3d 829

District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 64684276

Cited 1 times | Published

First, subparagraph (2) of section 395.3025 explicitly states that section 395.3025"does not apply to records

State v. Salle-Green

93 So. 3d 1169, 2012 WL 3138014, 2012 Fla. App. LEXIS 12653

District Court of Appeal of Florida | Filed: Aug 3, 2012 | Docket: 60310473

Cited 1 times | Published

obtain Salle-Green’s medical records under section 395.3025(4)(d), Florida Statutes (2007). The court

State v. Shukitis

60 So. 3d 406, 2010 Fla. App. LEXIS 16735, 2010 WL 4365761

District Court of Appeal of Florida | Filed: Nov 5, 2010 | Docket: 60300199

Cited 1 times | Published

proper notice to the patient.” Relying on section 395.3025, Shuki-tis further argued in his motion that

State v. Yutzy

43 So. 3d 910, 2010 Fla. App. LEXIS 13372, 2010 WL 3490265

District Court of Appeal of Florida | Filed: Sep 8, 2010 | Docket: 60295511

Cited 1 times | Published

In Tamulonis, this court held that neither section 395.3025(4)(d) (applying to licensed facilities, the

Nelson v. Secretary, Florida Dept. of Corrections

610 F. Supp. 2d 1323, 2009 U.S. Dist. LEXIS 30480, 2009 WL 811615

District Court, M.D. Florida | Filed: Mar 26, 2009 | Docket: 2336749

Cited 1 times | Published

privilege was not a violation by the State of § 395.3025(4)(d). See Motion to Suppress, pp. 14-16. Defendant

Cerroni v. State

823 So. 2d 150, 2002 Fla. App. LEXIS 8400, 2002 WL 1301521

District Court of Appeal of Florida | Filed: Jun 14, 2002 | Docket: 64816761

Cited 1 times | Published

consent of the person to whom they pertain. See § 395.3025(4), Fla. Stat. (2000). The state is allowed to

State v. Rutherford

707 So. 2d 1129, 1997 WL 631850

District Court of Appeal of Florida | Filed: Feb 4, 1998 | Docket: 1259566

Cited 1 times | Published

medical records that it had already reviewed. Section 395.3025(4) states that a hospital's "patient records

RHONDA WALTERS, BRITTANY POSEY, AND B.W., A MINOR CHILD vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 19, 2023 | Docket: 66838517

Published

Petitioners' medical records pursuant to section 395.3025, Florida Statutes (2022), under the circumstances

LADIMIR LEKA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 2, 2019 | Docket: 16280850

Published

records. § 456.057(7)(a)(3). Similarly, section 395.3025 provides, in relevant part:

Shands Jacksonville Medical Center, Inc. v. Eartha Pusha, as Personal etc.

254 So. 3d 1076

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7741300

Published

her legal representative. § 395.3025(4), Fla. Stat. (2011). Section 395.3025(1), Florida Statutes (2011)

J.B. v. State

District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 7361263

Published

subparagraph (2) of section 395.3025 explicitly states that section 395.3025 “does not apply to records

State v. Carter

177 So. 3d 1028, 2015 Fla. App. LEXIS 16176, 2015 WL 6554472

District Court of Appeal of Florida | Filed: Oct 30, 2015 | Docket: 60251061

Published

to make any timely attempt to comply with section 395.3025(4)(d), Florida Statutes (2013), which requires

State of Florida v. Strickling

164 So. 3d 727, 2015 Fla. App. LEXIS 7030, 2015 WL 2219245

District Court of Appeal of Florida | Filed: May 13, 2015 | Docket: 2656522

Published

long as the State subsequently complies with section 395.3025 by establishing reasonable suspicion through

Jean Resnick v. AvMed, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Sep 5, 2012 | Docket: 878165

Published

AvMed was negligent per se when it violated section 395.3025 of the Florida Statutes by disclosing “Plaintiffs’

State v. Thompson

72 So. 3d 246, 2011 Fla. App. LEXIS 16061, 2011 WL 4809132

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 60303232

Published

does not violate either section 456.057(7) or section 395.3025(4)(d) by obtaining a person’s pharmaceutical

State v. Albritton

58 So. 3d 894, 2011 Fla. App. LEXIS 2643, 2011 WL 711045

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60299540

Published

Albritton’s pharmacy records were protected by section 395.3025(4)(d), Florida Statutes (2007 & 2008). In

State v. Kutik

914 So. 2d 484, 2005 WL 2899325

District Court of Appeal of Florida | Filed: Nov 4, 2005 | Docket: 1781821

Published

of the request to his lawyer, pursuant to section 395.3025, Florida Statutes (2002).[3] Kutik's lawyer

Sneed v. State

934 So. 2d 475, 2004 WL 242088

District Court of Appeal of Florida | Filed: Feb 6, 2004 | Docket: 64845817

Published

to Sneed ór his attorney, in violation of section 395.3025(4)(d), Florida Statutes (1998)1. The state

Community Healthcare Centerone, Inc. v. State

852 So. 2d 322, 2003 Fla. App. LEXIS 11714, 2003 WL 21750273

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 64824364

Published

Laws of Florida, added subsection (4)(k) to section 395.3025, which we construed in ‘X Hospital”. It now

State v. McCord

828 So. 2d 458, 2002 Fla. App. LEXIS 15445, 2002 WL 31356134

District Court of Appeal of Florida | Filed: Oct 16, 2002 | Docket: 64818288

Published

relied on Rutherford because it concerned section 395.3025(4), Fla. Stat. (1999) and its provisions for

State v. Cashner

819 So. 2d 227, 2002 WL 1174296

District Court of Appeal of Florida | Filed: Jun 5, 2002 | Docket: 1750103

Published

for Cashner's medical records pursuant to section 395.3025(4)(d), Florida Statutes (2000). The facts

Tillinger v. State

789 So. 2d 1146, 2001 Fla. App. LEXIS 8879, 2001 WL 722091

District Court of Appeal of Florida | Filed: Jun 28, 2001 | Docket: 64806906

Published

blood samples are records, as contemplated by section 395.3025(4)(d), Florida Statutes (2000), or that the

Ago

Florida Attorney General Reports | Filed: Mar 13, 2001 | Docket: 3257877

Published

copies of patient records provided pursuant to section 395.3025, Florida Statutes? In sum: 1. If postage and

Butterworth v. X Hospital

763 So. 2d 467, 2000 Fla. App. LEXIS 7240, 2000 WL 763740

District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 64799018

Published

treatment for mental illness. Florida Statute § 395.3025(2) specifies that the disclosure of medical records

Patterson v. State

760 So. 2d 161, 2000 Fla. App. LEXIS 2249, 2000 WL 257830

District Court of Appeal of Florida | Filed: Mar 8, 2000 | Docket: 64797913

Published

counsel of its intent to subpoena the records. See § 395.3025(4)(d), Florida Statutes (1995). The records were

Clark v. State

705 So. 2d 1057, 1998 Fla. App. LEXIS 1439, 1998 WL 63559

District Court of Appeal of Florida | Filed: Feb 18, 1998 | Docket: 64778847

Published

results of blood tests of appellant, pursuant to section 395.3025(4)(d), Florida Statutes (1995), for use in

Doe v. Stincer

990 F. Supp. 1427, 1997 U.S. Dist. LEXIS 21471, 1997 WL 817200

District Court, S.D. Florida | Filed: Dec 2, 1997 | Docket: 954562

Published

be damaged, destroyed, or altered. Fla. Stat. § 395.3025. However, individuals with mental or emotional

Martinez v. Provident Life & Accident Insurance

174 F.R.D. 502, 1997 U.S. Dist. LEXIS 12901, 1997 WL 535199

District Court, S.D. Florida | Filed: Jun 26, 1997 | Docket: 66315616

Published

identifying information protected by Florida Statute § 395.3025; and (3) are “cre-dentialling files” protected

State v. Edwards

650 So. 2d 630, 1994 Fla. App. LEXIS 12215, 1994 WL 700668

District Court of Appeal of Florida | Filed: Dec 16, 1994 | Docket: 64754359

Published

records to Edwards’ attorney, pursuant to section 395.3025(4)(d), Florida *631Statutes (Supp.1992)1.

Ago

Florida Attorney General Reports | Filed: Oct 26, 1993 | Docket: 3257075

Published

Services under several specific statutes. Section 395.3025(4), F.S. (1992 Supp.), as amended by s. 19

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 395 in the context of hospital liability and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.