Florida Statute 39.204 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.204

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.

F.S. 39.204 on Google Scholar

F.S. 39.204 on Casetext

Amendments to 39.204

Arrestable Offenses / Crimes under Fla. Stat. 39.204

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.204.

Annotations, Discussions, Cases:

Cases Citing Statute 39.204

Total Results: 6

Flood v. Stumm

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-10T00:53:00-07:00

Citation: 989 So. 2d 1240

Snippet: allegations of child sexual abuse against him. Section 39.204, Florida Statutes, provides that privileged communication

Doherty v. JOHN DOE NO. 22

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-23T00:53:00-07:00

Citation: 957 So. 2d 1267

Snippet: privilege in this case, Plaintiffs relied upon section 39.204, Florida Statutes, which provides as follows: The

Nussbaumer v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-08-27T00:00:00-07:00

Citation: 882 So. 2d 1067

Snippet: molestation (pursuant to [section 800.04]), [section 39.204, Florida Statutes (2003)] abrogates the psychotherapist-patient…psychotherapist-patient privilege). THE IMPACT OF SECTION 39.204 With the exceptions of the attorney-client privilege…and the clergy communications privilege, section 39.204 abrogates the various evidentiary privileges in…involving child abuse, abandonment, or neglect. Section 39.204 provides as follows: The privileged quality of …abandonment, or neglect provided for in section 39.204 has an exception for cases in which the clergy

Hill v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-06-06T00:00:00-07:00

Citation: 846 So. 2d 1208

Snippet: privilege, section 90.503. The state relies on section 39.204, which it claims completely abrogates the Evidence… communications privilege are waived by section 39.204 which provides, The privileged quality of communication… "neglect" in section 827.03, section 39.204 abrogated both the psychotherapist and marital …counts. 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

SC v. Guardian Ad Litem

Court: Fla. Dist. Ct. App. | Date Filed: 2003-04-30T00:53:00-07:00

Citation: 845 So. 2d 953

Snippet: nor has the privilege been abrogated by section 39.204, Florida Statutes.[2] No Florida authority, however…appearance on behalf of Petitioner. [2] Section 39.204, Florida Statutes, provides, in pertinent part:…child abuse, abandonment, or neglect...." § 39.204, Fla. Stat. (2001). Respondents assert that Petitioner

Westerheide v. State

Court: Fla. | Date Filed: 2002-10-17T00:00:00-07:00

Citation: 831 So. 2d 93

Snippet: psychotherapist and patient in other contexts as well. See § 39.204, Fla. Stat. *103 (2001) (waiving privilege for