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To: wagglebee
Here's the relevant part of FL Statute 395:

(4)  Patient records are confidential and must not be disclosed without the consent of the person to whom they pertain, but appropriate disclosure may be made without such consent to:

~snip~

(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.

I underlined part of section (d), since the FL court apparently didn't see it.

2 posted on 10/06/2004 5:51:17 PM PDT by Ken H
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To: Ken H

I am no way up to speed on this issue and have not read the opinion but, with that said, the snippett of FL which you posted said in section 4 "may" (as opposed to a word like shall or must).

Traditionally, the government does not need to seek info about criminal activity by subpoena. The Gov useds a search warrant (as in this case) based upon a sworn oath which establishes probale cause to find evidence of criminal activity.

The "may" language does not seem to preclude the use of a search warrant.


7 posted on 10/06/2004 6:08:03 PM PDT by Oystir
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To: Ken H

"may" here describes that disclosure "may" be made without consent "Upon the issuance of a subpeona"

ie "provided that a subpeona is issued" that disclosure may happen

jmho - INAL (he he)


15 posted on 10/06/2004 6:28:48 PM PDT by Chilldoubt
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