Florida Statute 405.1 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 405
MEDICAL INFORMATION AVAILABLE FOR RESEARCH

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F.S. 405.01

405.01 Release of medical information to certain study groups; exemption from liability.—Any person, hospital, assisted living facility, hospice, sanatorium, nursing or rest home or other organization may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to research groups, governmental health agencies, medical associations and societies, and in-hospital medical staff committees, to be used in the course of any study for the purpose of reducing morbidity or mortality. No liability of any kind or character for damages or other relief shall arise or be enforced against any person or organization by reason of having provided such information or material, or by reason of having released or published the findings and conclusions of such groups to advance medical research and medical education, or by reason of having released or published generally a summary of such studies.

History.—s. 1, ch. 65-533; s. 19, ch. 90-344; s. 27, ch. 95-210.

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Amendments to 405.01

Annotations, Discussions, Cases:

Cases Citing Statute 405.01

Total Results: 15

Morrison v. State

818 So. 2d 432, 2002 WL 432561

Supreme Court of Florida | Filed: Mar 21, 2002 | Docket: 1169841

Cited 103 times | Published

(citing Charles W. Ehrhardt, Florida Evidence § 405.1 1995 ed.). "Essentially, it must be established

Larzelere v. State

676 So. 2d 394, 1996 WL 137097

Supreme Court of Florida | Filed: Jul 11, 1996 | Docket: 1318100

Cited 83 times | Published

community. Charles W. Ehrhardt, Florida Evidence § 405.1 (1995 ed). Essentially, it must be established

Ibar v. State

938 So. 2d 451, 2006 WL 560586

Supreme Court of Florida | Filed: Mar 9, 2006 | Docket: 421577

Cited 76 times | Published

1996); Charles W. Ehrhardt, Florida Evidence, § 405.1, at 257-58 (2005 ed.). Lillie testified that he

Rhodes v. State

547 So. 2d 1201, 1989 WL 75283

Supreme Court of Florida | Filed: Jul 6, 1989 | Docket: 1474513

Cited 72 times | Published

2d 138 (1978)); C. Ehrhardt, Florida Evidence § 405.1 (2d Ed. 1984). The record discloses that the prosecutor

Rigterink v. State

66 So. 3d 866, 36 Fla. L. Weekly Supp. 273, 2011 Fla. LEXIS 1343, 2011 WL 2374188

Supreme Court of Florida | Filed: Jun 16, 2011 | Docket: 2362063

Cited 33 times | Published

community. Charles W. Ehrhardt, Florida Evidence § 405.1 (1995 ed). Essentially, it must be established

Antoine v. State

138 So. 3d 1064, 2014 WL 1796099, 2014 Fla. App. LEXIS 6716

District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240462

Cited 28 times | Published

(Fla. 5th DCA 2013) (quoting Ehrhardt, supra, § 405.1); see also Larzelere v. State, 676 So.2d 394, 400

Hendricks v. State

34 So. 3d 819, 2010 Fla. App. LEXIS 7330, 2010 WL 2077164

District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 1131165

Cited 20 times | Published

resulting community opinion is trustworthy." Ehrhardt, § 405.1, at 283. No Florida case has yet held that a person

Lott v. State

695 So. 2d 1239, 1997 WL 268911

Supreme Court of Florida | Filed: May 22, 1997 | Docket: 425341

Cited 20 times | Published

community. Charles W. Ehrhardt, Florida Evidence § 405.1 (1995 ed.). Reputation evidence must be sufficiently

Dupree v. State

615 So. 2d 713, 1993 WL 2968

District Court of Appeal of Florida | Filed: Jan 11, 1993 | Docket: 1185310

Cited 20 times | Published

include specific acts or opinion testimony. Id. at § 405.1. In the case at bar, the proffered testimony of

Wisinski v. State

508 So. 2d 504, 12 Fla. L. Weekly 1430

District Court of Appeal of Florida | Filed: Jun 10, 1987 | Docket: 1152959

Cited 2 times | Published

from Ehrhardt, Florida Evidence, (2d Ed. 1984) § 405.1: The reputation does not have to be a matter of

Britton v. State

928 So. 2d 386, 2006 WL 888056

District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 1406059

Cited 1 times | Published

as to the person's reputation. Ehrhardt, supra, § 405.1 (footnote omitted). The trial court's errors notwithstanding

Johnson v. State

108 So. 3d 707, 2013 WL 757198, 2013 Fla. App. LEXIS 3301

District Court of Appeal of Florida | Filed: Mar 1, 2013 | Docket: 60229208

Published

community.” Charles W. Ehrhardt, Florida Evidence § 405.1 (2012). Reputation evidence is just that — evidence

Dean v. State

843 So. 2d 926, 2003 Fla. App. LEXIS 3787, 2003 WL 1386705

District Court of Appeal of Florida | Filed: Mar 21, 2003 | Docket: 64822522

Published

the character trait involved. Ehrhardt, supra, § 405.1. As Professor Ehrhardt points out: Character is

Wade v. State

610 So. 2d 664, 1992 Fla. App. LEXIS 12776, 1992 WL 371402

District Court of Appeal of Florida | Filed: Dec 16, 1992 | Docket: 64692843

Published

reputation. See generally, Ehrhardt, Florida Evidence § 405.1 (1992). Under section 90.404(l)(b), Florida Statutes

Ivester v. State

429 So. 2d 1271, 1983 Fla. App. LEXIS 19069

District Court of Appeal of Florida | Filed: Apr 5, 1983 | Docket: 64596460

Published

See section 90.803(21), and Ehrhardt, supra, § 405.1 at 33 (1982 pocket part). Specific instances of