Opinion
CASE NO.: 2D19-2017
06-21-2019
Steven PEROSINO, Appellant/Petitioner(s), v. Bob GUALTIERI, Sheriff, Appellee/Respondent(s).
BY ORDER OF THE COURT:
The petitioner's petition for writ of habeas corpus is granted. See § 395.3025(4)(d), Fla. Stat. (2018) ; State v. Johnson, 814 So. 2d 390, 393 (Fla. 2002) ("A patient's medical records enjoy a confidential status by virtue of the right to privacy contained in the Florida Constitution, and any attempt on the part of the government to obtain such records must first meet constitutional muster."); Mullis v. State, 79 So. 3d 747, 754 (Fla. 2d DCA 2011) (holding that when the State makes no effort to comply with statutes protecting a patient's right to privacy in his medical records, the State did not act in good faith and suppression of those records is appropriate); State v. Sun, 82 So. 3d 866, 873 (Fla. 4th DCA 2011) ("When law enforcement does not comply with the procedural requirements of statutes like the ones here, the items obtained should be suppressed when law enforcement made no good faith effort to comply."). The trial court shall immediately restore the petitioner's conditions of pretrial release to those imposed at first appearance. This decision is without prejudice to the State to seek a modification of bail pursuant to Florida Rule of Criminal Procedure 3.131(d)(2).
NORTHCUTT, VILLANTI, and KHOUZAM, JJ., Concur.