Florida Statutes

Fla. Stat. § 39.204 (2025)

Abrogation of privileged communications in cases involving child abuse, abandonment, or neglect.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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39.204 Abrogation of privileged communications in cases involving child abuse, abandonment, or neglect.—The privileged quality of communication between husband and wife and between any professional person and his or her patient or client, and any other privileged communication except that between attorney and client or the privilege provided in s. 90.505, as such communication relates both to the competency of the witness and to the exclusion of confidential communications, shall not apply to any communication involving the perpetrator or alleged perpetrator in any situation involving known or suspected child abuse, abandonment, or neglect and shall not constitute grounds for failure to report as required by s. 39.201 regardless of the source of the information requiring the report, failure to cooperate with law enforcement or the department in its activities pursuant to this chapter, or failure to give evidence in any judicial proceeding relating to child abuse, abandonment, or neglect.

History.—ss. 1, 2, 3, 4, 5, 6, ch. 63-24; s. 941, ch. 71-136; ss. 1, 1A, ch. 71-97; s. 32, ch. 73-334; s. 65, ch. 74-383; s. 1, ch. 75-101; s. 1, ch. 75-185; s. 4, ch. 76-237; s. 1, ch. 77-77; s. 3, ch. 77-429; ss. 1, 2, ch. 78-322; s. 3, ch. 78-326; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 181, ch. 79-164; s. 1, ch. 79-203; s. 2, ch. 85-28; s. 64, ch. 94-164; s. 74, ch. 97-103; s. 34, ch. 98-403; s. 3, ch. 2002-174.

Note.—Former ss. 828.041, 827.07(8); s. 415.512.

Notes of Decisions

Cited in 6 cases, 2002–2008 · leading case: Nussbaumer v. State, 882 So. 2d 1067 (Fla. 2d DCA 2004).

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Nussbaumer v. State, 882 So. 2d 1067 (Fla. 2d DCA 2004). · cites it 6× “04]), [section 39.204, Florida Statutes (2003)] abrogates the psychotherapist-patient privilege which was enacted pursuant to [section] 90.”

Westerheide v. State, 831 So. 2d 93 (Fla. 2002). · cites it 2× “See § 39.204, Fla. Stat. *103 (2001) (waiving privilege for communications between psychotherapist and alleged perpetrator of child abuse or neglect).”

Hill v. State, 846 So. 2d 1208 (Fla. 5th DCA 2003). · cites it 6× “The state relies on section 39.204, which it claims completely abrogates the Evidence Code privileges for marital and psychotherapist communications.”

SC v. Guardian Ad Litem, 845 So. 2d 953 (Fla. 4th DCA 2003). · cites it 6× “" § 39.204, Fla. Stat. (2001). Respondents assert that Petitioner's privilege is abrogated by this statute.”

Flood v. Stumm, 989 So. 2d 1240 (Fla. 4th DCA 2008). · cites it 2× “Section 39.204, Florida Statutes, provides that privileged communication between a professional and a patient do "not apply to any communication involving the perpetrator or alleged perpetrator in any situation involving known or suspected child abuse, abandonment, or neglect.”

Doherty v. JOHN DOE NO. 22, 957 So. 2d 1267 (Fla. 4th DCA 2007). · cites it 2× “In arguing for abrogation of the privilege in this case, Plaintiffs relied upon section 39.204, Florida Statutes, which provides as follows: The privileged quality of communication between husband and wife and between any professional person and his or her patient or client, and…”

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