90.501
Privileges recognized only as provided.
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90.501 Privileges recognized only as provided.—Except as otherwise provided by this chapter, any other statute, or the Constitution of the United States or the State Constitution, no person in a legal proceeding has a privilege to:
(1) Refuse to be a witness.
(2) Refuse to disclose any matter.
(3) Refuse to produce any object or writing.
(4) Prevent another from being a witness, from disclosing any matter, or from producing any object or writing.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 9, 22, ch. 78-361; ss. 1, 2, ch. 78-379.
Notes of Decisions
Cited in 24
cases (2 in the last 5 years), 1980–2023 · leading case: Trammel v. United States
Trammel v. United States (1980)
“11, § 3502 (1975); Fla. Stat. §§ 90.501 , 90.504 (1979); Ill.”
League of Women Voters v. Florida House of Representatives (2013)
“501, Florida Statutes (1981), "abolishefd] all common-law privileges existing in Florida," making "the creation of privileges dependent upon legislative action or pursuant to the Supreme Court's rule-making power" (quoting Law Revision Council Note)). . See art.”
Westerheide v. State (2002)
“See § 90.501, Fla. Stat. (2001). However, in certain circumstances the Legislature judges the protection of an interest or relationship to be sufficiently important to society to justify the sacrifice of facts which might be needed for the administration of justice.”
Florida House of Representatives Ex Rel. Kriseman v. Expedia, Inc. (2012)
“” See § 90.501, Fla. Stat. Because it arises from the separation of powers provision in Article II, section 3, as we have explained, it continues to exist notwithstanding the fact that it is not among the testimonial privileges identified in the Code.”
Marshall v. Anderson (1984)
“The Florida Evidence Code, Section 90.501, Florida Statutes (1981), didactically states: 90.”
Celotex Corp. v. Hillsborough Holdings Corp. (In Re Hillsborough Holdings Corp.) (1994)
“The attorney-client privilege protects the content of confidential communications between a lawyer and client.”
Hanger Orthopedic Group, Inc. v. McMurray (1998)
“See Fla.Stat. § 90.501 (emphasis supplied). Florida’s husband-wife privilege is a statutory exception to the general rule.”
Tumulty v. State (1986)
“The first involves a denial of Tumulty's motion to dismiss the indictment because the grand jury was improperly empaneled according to the dictates of section 90.501, Florida Statutes (1983). The last point contends error was committed in the denial of Tumulty's motion for…”
Florida House of Representatives v. Romo (2013)
“See § 90.501, Fla. Stat. No Florida legislative testimonial privilege has been recognized in the Evidence Code, statutes, or Florida Constitution.”
Guerrier v. State (2002)
“Privileges Under Florida Law The only privileges recognized under Florida law are those established by The Florida Evidence Code, any other statute, the federal or Florida constitutions, and the Florida Supreme Court pursuant to its rule making authority.”
Doe v. SUNTRUST BANK (2010)
“See § 90.501, Fla. Stat. (2005); cf. § 316.066(4), Fla.”
Florida Ass'n of Rehabilitation Facilities, Inc. v. Florida Department of Health & Rehabilitative Services (1995)
“The court first noted that pursuant to Fla.Stat. § 90.501 (of the Florida Evidence Code), no evidentiary privilege exists in Florida unless specified in the Code, other state statute, or the state or federal constitutions.”
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