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Florida Statute 90.505 | Lawyer Caselaw & Research
F.S. 90.505 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.505

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.505
90.505 Privilege with respect to communications to clergy.
(1) For the purposes of this section:
(a) A “member of the clergy” is a priest, rabbi, practitioner of Christian Science, or minister of any religious organization or denomination usually referred to as a church, or an individual reasonably believed so to be by the person consulting him or her.
(b) A communication between a member of the clergy and a person is “confidential” if made privately for the purpose of seeking spiritual counsel and advice from the member of the clergy in the usual course of his or her practice or discipline and not intended for further disclosure except to other persons present in furtherance of the communication.
(2) A person has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication by the person to a member of the clergy in his or her capacity as spiritual adviser.
(3) The privilege may be claimed by:
(a) The person.
(b) The guardian or conservator of a person.
(c) The personal representative of a deceased person.
(d) The member of the clergy, on behalf of the person. The member of the clergy’s authority to do so is presumed in the absence of evidence to the contrary.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; ss. 11, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 477, ch. 95-147.

F.S. 90.505 on Google Scholar

F.S. 90.505 on Casetext

Amendments to 90.505


Arrestable Offenses / Crimes under Fla. Stat. 90.505
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.505.



Annotations, Discussions, Cases:

Cases from cite.case.law:

Fr. RONCHI, v. STATE, 248 So. 3d 1265 (Fla. App. Ct. 2018)

. . . Ronchi further alleged that any such communication would be privileged under section 90.505, Florida . . . the alleged victim's waiver, her communications with Ronchi were no longer privileged under section 90.505 . . . To answer this question, one must examine two statutes-sections 90.505 and 90.507, Florida Statutes ( . . . Section 90.505(2) and (3) recognizes that the clergy privilege belongs to the person seeking spiritual . . . Section 90.505(2), Florida Statutes (2017) provides that a person "has a privilege to refuse to disclose . . .

UNITED STATES v. DURHAM,, 93 F. Supp. 3d 1291 (W.D. Okla. 2015)

. . . The court then considered the clergy privilege under' section 90.505 of Florida’s Code, which largely . . .

STATE v. TOPPS,, 142 So. 3d 978 (Fla. Dist. Ct. App. 2014)

. . . counselor-victim (§ 90.5035(l)(e)l., 2., 3.), domestic violence advocate-victim (§ 90.5036(l)(d)l„ 2.), clergy (§ 90.505 . . .

ELLIOTT, v. STATE, 49 So. 3d 795 (Fla. Dist. Ct. App. 2010)

. . . Pursuant to section 90.505(2), Florida Statutes (2007), “[a] person has a privilege to refuse to disclose . . . intended for further disclosure except to other persons present in furtherance of the communication.” § 90.505 . . .

MONROE, v. STATE, 14 So. 3d 1205 (Fla. Dist. Ct. App. 2009)

. . . Section 90.505(1)(b) explicitly requires that the communication to a member of the clergy be “not intended . . .

I. NELSON, v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS,, 610 F. Supp. 2d 1323 (M.D. Fla. 2009)

. . . . § 90.505, Fla. . . .

FLORIDA HOSPITAL WATERMAN, INC. v. M. BUSTER, v., 984 So. 2d 478 (Fla. 2008)

. . . Stat. (2006) (providing for husband-wife privilege); § 90.505, Fla. . . .

WOODARD, v. JUPITER CHRISTIAN SCHOOL,, 972 So. 2d 170 (Fla. 2007)

. . . implicitly, recognizes that a cause of action exists-one for breach of the clergyman privilege under section 90.505 . . . extent it recognized a cause of action for a breach of the evidentiary privilege contained in section 90.505 . . .

DOHERTY, v. JOHN DOE NO., 957 So. 2d 1267 (Fla. Dist. Ct. App. 2007)

. . . other privileged communication except that between attorney and client or the privilege provided in s. 90.505 . . .

A. SEGARRA, III, v. SEGARRA,, 932 So. 2d 1159 (Fla. Dist. Ct. App. 2006)

. . . See §§ 90.502, 90.503, 90.504, 90.505, 90.5055, Fla. Stat. (2004). . . .

WOODARD v. JUPITER CHRISTIAN SCHOOL, INC., 913 So. 2d 1188 (Fla. Dist. Ct. App. 2005)

. . . school, even a Christian school, is not a member of the “cler-. gy” for the purpose of applying section 90.505 . . . that Bellhorn’s status as “chaplain” does not fall within the clergyman privilege provided by section 90.505 . . . Section 90.505(l)(a), Florida Statutes (2004) defines a “member of the clergy” as “a priest, rabbi, practitioner . . . See § 90.505(l)(b), Fla. Stat. (2003). . . . patient’s mental or emotional condition ... between the patient and the psychotherapist -") with § 90.505 . . .

NUSSBAUMER, Jr. v. STATE, 882 So. 2d 1067 (Fla. Dist. Ct. App. 2004)

. . . produce records and answer questions over the objection of clergy communications privilege, section 90.505 . . . SECTION 90.505 AND ITS FOUR REQUIREMENTS ' Florida’s version of the clergy communications privilege is . . . set forth in section 90.505, which provides as follows: (1) For the purposes of this section: (a)A “ . . . Fortunately, section 90.505 does not require the courts to assess the spiritual content of the clergy . . . We decline to interpret section 90.505 in a way that would lead to such an interpretation of religious . . .

HILL, v. STATE, 846 So. 2d 1208 (Fla. Dist. Ct. App. 2003)

. . . other privileged communication except that between attorney and client or the privilege provided in s. 90.505 . . .

FERNANDEZ, v. STATE, 730 So. 2d 277 (Fla. 1999)

. . . Appellant argues that these statements were privileged under the clergy communications privilege, section 90.505 . . . clergy which are confidential and made for the purpose of seeking spiritual advice are privileged. § 90.505 . . . member of the clergy to whom appellant went for spiritual advice, we still must determine under section 90.505 . . . Section 90.505 explicitly defines confidential communications for the purpose of clergy privilege as . . . those communications that are “made privately.” § 90.505(l)(b), Fla. . . .

STATE v. PINDER,, 678 So. 2d 410 (Fla. Dist. Ct. App. 1996)

. . . See § 90.505, Fla. Stat. (1995). . . .

JETT, v. STATE, 605 So. 2d 926 (Fla. Dist. Ct. App. 1992)

. . . other privileged communication except that between attorney and client or the privilege provided in s. 90.505 . . .

In GRAND JURY INVESTIGATION. UNITED STATES, 918 F.2d 374 (3d Cir. 1990)

. . . . § 90.505 (1989); Ga.Code Ann. § 24-9-22 (Michie 1989); Haw.Rev.Stat. § 624-45 (1988 & Supp.1989) (Rule . . .

BOTTOSON, v. STATE, 443 So. 2d 962 (Fla. 1983)

. . . See § 90.505, Fla.Stat. (1981). . . .

M. DEEHL, v. F. KNOX, Jr., 414 So. 2d 1089 (Fla. Dist. Ct. App. 1982)

. . . (1979); see also § 90.503 (psychotherapist-patient privilege); § 90.504 (husband-wife privilege); § 90.505 . . .

COTTRILL, v. STATE, 365 So. 2d 450 (Fla. Dist. Ct. App. 1978)

. . . This privilege in reworded form has been retained in Section 90.505 of the new Florida Evidence Code . . .