Fla. Stat. 458.341
Search warrants for certain violations

When the department has reason to believe that violations of s. 458.331(1)(q) or (r) have occurred or are occurring, its agents or other duly authorized persons may search a physician’s place of practice at reasonable hours for purposes of securing such evidence as may be needed for prosecution. Such evidence shall not include any medical records of patients unless pursuant to the patients’ written consent. Notwithstanding the consent of the patient, such records maintained by the department are confidential and exempt from s. 119.07(1). This section shall not limit the psychotherapist-patient privileges of s. 90.503. Prior to a search, the department shall secure a search warrant from any judge authorized by law to issue them. The search warrant shall be issued upon probable cause, supported by oath or affirmation particularly describing the things to be seized. The application for the warrant shall be sworn to and subscribed, and the judge may require further testimony from witnesses, supporting affidavits, or depositions in writing to support the application. The application and supporting information, if required, must set forth the facts tending to establish the grounds of the application or probable cause that they exist. If the judge is satisfied that probable cause exists, he or she shall issue a search warrant signed by him or her with the judge’s name of office to any agent or other person duly authorized by the department to execute process, commanding the agent or person to search the place described in the warrant for the property specified. The search warrant shall be served only by the agent or person mentioned in it and by no other person except an aide of the agent or person when such agent or person is present and acting in its execution.

Source: Section 458.341 — Search warrants for certain violations, https://www.­flsenate.­gov/Laws/Statutes/2024/0458.­341 (accessed Aug. 7, 2025).

458.301
Purpose 458.303
Provisions not applicable to other practitioners 458.305
Definitions 458.307
Board of Medicine 458.309
Rulemaking authority 458.310
Restricted licenses 458.311
Licensure by examination 458.313
Licensure by endorsement 458.314
Certification of foreign educational institutions 458.315
Temporary certificate for practice in areas of critical need 458.316
Public health certificate 458.317
Limited licenses 458.319
Renewal of license 458.320
Financial responsibility 458.321
Inactive status 458.323
Itemized patient billing 458.324
Breast cancer 458.325
Electroconvulsive and psychosurgical procedures 458.326
Intractable pain 458.327
Penalty for violations 458.328
Office surgeries 458.329
Sexual misconduct in the practice of medicine 458.331
Grounds for disciplinary action 458.335
Prescription or administration of dimethyl sulfoxide (DMSO) 458.336
Drugs to treat obesity 458.337
Reports of disciplinary actions by medical organizations and hospitals 458.339
Physician’s consent 458.341
Search warrants for certain violations 458.343
Subpoena of certain records 458.345
Registration of resident physicians, interns, and fellows 458.347
Physician assistants 458.348
Formal supervisory relationships, standing orders, and established protocols 458.351
Reports of adverse incidents in office practice settings 458.3115
Restricted license 458.3129
Interstate Medical Licensure Compact 458.3135
Temporary certificate for visiting physicians to practice in approved cancer centers 458.3137
Temporary certificate for visiting physicians to obtain medical privileges for instructional purposes in conjunction with certain plastic surgery or other medical or surgical training programs and educational symposiums 458.3145
Medical faculty certificate 458.3147
Medical school eligibility of military academy students or graduates 458.3151
Temporary certificate for active duty military and veterans practicing in areas of critical need 458.3165
Public psychiatry certificate 458.3175
Expert witness certificate 458.3191
Physician survey 458.3192
Analysis of survey results 458.3193
Confidentiality of certain information contained in physician workforce surveys 458.3255
Electronic-communications diagnostic-imaging or treatment services 458.3265
Pain-management clinics 458.3295
Concerted effort to refuse emergency room treatment to patients 458.3311
Emergency procedures for disciplinary action 458.3312
Specialties 458.3475
Anesthesiologist assistants 458.3485
Medical assistant

Current through Fall 2025

§ 458.341. Search warrants for certain violations's source at flsenate​.gov