Department of Health v. Poss

Petitioner, the Department of Health (“Department”), seeks review of a nonfinal discovery order from the Division of Administrative Hearings requiring production of certain documents that are confidential and exempt from disclosure under Florida’s Public Records Act. The Department has instituted license disciplinary proceedings against Respondent, Kenneth D. Poss, D.P.M., and the presiding Administrative Law Judge (“ALJ”) entered the discovery-order at issue when the Department moved to quash a subpoena duces tecum Dr. Poss served on the Department’s expert witness. For the reasons that…