Fla. Stat. 459.018
Search warrants for certain violations

When the department has reason to believe that violations of s. 459.015(1)(t) or (u) have occurred or are occurring, its agents or other duly authorized persons may search an osteopathic physician’s place of practice 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 patient’s 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 search warrants. 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 459.018 — Search warrants for certain violations, https://www.­flsenate.­gov/Laws/Statutes/2024/0459.­018 (accessed Aug. 7, 2025).

459.001
Purpose 459.002
Chapter not applicable to practice of medicine, surgery, chiropractic medicine, etc 459.003
Definitions 459.004
Board of Osteopathic Medicine 459.005
Rulemaking authority 459.008
Renewal of licenses and certificates 459.009
Inactive status 459.011
Privileges, obligations, and status of osteopathic physicians 459.012
Itemized patient statement 459.013
Penalty for violations 459.015
Grounds for disciplinary action 459.016
Reports of disciplinary actions by medical organizations 459.017
Osteopathic physician’s consent 459.018
Search warrants for certain violations 459.019
Subpoena of certain records 459.021
Registration of resident physicians, interns, and fellows 459.022
Physician assistants 459.023
Anesthesiologist assistants 459.025
Formal supervisory relationships, standing orders, and established protocols 459.026
Reports of adverse incidents in office practice settings 459.0055
General licensure requirements 459.0066
Expert witness certificate 459.074
Interstate Medical Licensure Compact 459.0075
Limited licenses 459.0076
Temporary certificate for practice in areas of critical need 459.0077
Osteopathic faculty certificate 459.0081
Physician survey 459.0082
Analysis of survey results 459.0083
Confidentiality of certain information contained in physician workforce surveys 459.0085
Financial responsibility 459.0092
Fees 459.0122
Patient records 459.0125
Breast cancer 459.0135
Drugs to treat obesity 459.0137
Pain-management clinics 459.0138
Office surgeries 459.0141
Sexual misconduct in the practice of osteopathic medicine 459.0145
Concerted effort to refuse emergency room treatment to patients 459.0151
Emergency procedures for disciplinary action 459.0152
Specialties 459.00761
Temporary certificate for active duty military and veterans practicing in areas of critical need

Current through Fall 2025

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