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Florida Statute 39.204 | Lawyer Caselaw & Research
F.S. 39.204 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 39.204

The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 39
PROCEEDINGS RELATING TO CHILDREN
View Entire Chapter
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 from cite.case.law:

FLOOD, v. K. STUMM,, 989 So. 2d 1240 (Fla. Dist. Ct. App. 2008)

. . . Section 39.204, Florida Statutes, provides that privileged communication between a professional and a . . .

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

. . . In arguing for abrogation of the privilege in this case, Plaintiffs relied upon section 39.204, Florida . . .

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

. . . 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 . . .

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

. . . 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 . . .

S. C. a v. GUARDIAN AD LITEM,, 845 So. 2d 953 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

WESTERHEIDE, v. STATE, 831 So. 2d 93 (Fla. 2002)

. . . See § 39.204, Fla. . . .

HOME MUTUAL INSURANCE COMPANY, v. COMMISSIONER OF INTERNAL REVENUE,, 639 F.2d 333 (7th Cir. 1980)

. . . 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 . . .