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DOE v. DEPARTMENT OF HEALTH

No. 2D06-1273.

948 So.2d 803 (2006)

John DOE, M.D., Petitioner, v. DEPARTMENT OF HEALTH, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 27, 2007.

Attorney(s) appearing for the Case

Jon M. Pellett of Barr, Murman, Tonelli, Slother & Sleet, Tampa, for Petitioner.

Wings S. Benton, Appellate Section Head, Prosecution Services Unit, and M. Rony Francois, M.D., M.S.P.H., Ph.D., Secretary, Department of Health, Tallahassee, for Respondent.

ALTENBERND, Judge.

John Doe1 is a physician who is the subject of a disciplinary investigation by the Department of Health. As part of its investigation, the Department issued a subpoena seeking certain limited peer review records regarding Dr. Doe from a hospital where Dr. Doe had staff privileges. Dr. Doe sought to quash the subpoena, arguing the records sought were privileged and could not...

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