The 2023 Florida Statutes (including Special Session C)
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. . . Section 39.204, Florida Statutes, provides that privileged communication between a professional and a . . .
. . . In arguing for abrogation of the privilege in this case, Plaintiffs relied upon section 39.204, Florida . . .
. . . of the fact that Defendant is charged with lewd molestation (pursuant to [section 800.04]), [section 39.204 . . . With the exceptions of the attorney-client privilege and the clergy communications privilege, section 39.204 . . . Section 39.204 provides as follows: The privileged quality of communication between husband and wife . . . evidentiary privileges in cases involving child abuse, abandonment, or neglect provided for in section 39.204 . . . The exception to the abrogation of the evidentiary privileges in section 39.204 for clergy communications . . .
. . . The state relies on section 39.204, which it claims completely abrogates the Evidence Code privileges . . . asserted the psychotherapist privilege and the marital communications privilege are waived by section 39.204 . . . The trial judge primarily relied on section 39.204 as having abrogated the marital communication privilege . . . This privilege is “abrogated” by section 39.204 in cases involving child abuse, abandonment, or neglect . . . Because of the clear statutory language in both section 39.204, and section 827.03(b)(3), we agree with . . .
. . . her privilege or placed her mental health in issue, nor has the privilege been abrogated by section 39.204 . . . Section 39.204, Florida Statutes, provides, in pertinent part: "The privileged quality of communication . . . perpetrator in any situation involving known or suspected child abuse, abandonment, or neglect....” § 39.204 . . .
. . . Treas.Reg. 111, § 29.204-2, 1944 C.B. 336-37 (recodified as Treas.Reg. 118, § 39.204-2(a) & (b), 26 C.F.R . . . . § 39.204-2(a) & (b) (1953 ed.) by Revenue Ruling 53-226, 1953-2 C.B. 500); see also Treas.Reg. § 1.832 . . .