Florida Statute 90.503 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.503

90.503 Psychotherapist-patient privilege.—

(1) For purposes of this section:

(a) A “psychotherapist” is:

1. A person authorized to practice medicine in any state or nation, or reasonably believed by the patient so to be, who is engaged in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;

2. A person licensed or certified as a psychologist under the laws of any state or nation, who is engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;

3. A person licensed or certified as a clinical social worker, marriage and family therapist, or mental health counselor under the laws of this state, who is engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;

4. Treatment personnel of facilities licensed by the state pursuant to chapter 394, chapter 395, or chapter 397, of facilities designated by the Department of Children and Families pursuant to chapter 394 as treatment facilities, or of facilities defined as community mental health centers pursuant to s. 394.907(1), who are engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction; or

5. An advanced practice registered nurse licensed under s. 464.012, whose primary scope of practice is the diagnosis or treatment of mental or emotional conditions, including chemical abuse, and limited only to actions performed in accordance with part I of chapter 464.

(b) A “patient” is a person who consults, or is interviewed by, a psychotherapist for purposes of diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction.

(c) A communication between psychotherapist and patient is “confidential” if it is not intended to be disclosed to third persons other than:

1. Those persons present to further the interest of the patient in the consultation, examination, or interview.

2. Those persons necessary for the transmission of the communication.

3. Those persons who are participating in the diagnosis and treatment under the direction of the psychotherapist.

(2) A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of the patient’s mental or emotional condition, including alcoholism and other drug addiction, between the patient and the psychotherapist, or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist. This privilege includes any diagnosis made, and advice given, by the psychotherapist in the course of that relationship.

(3) The privilege may be claimed by:

(a) The patient or the patient’s attorney on the patient’s behalf.

(b) A guardian or conservator of the patient.

(d) The psychotherapist, but only on behalf of the patient. The authority of a psychotherapist to claim the privilege is presumed in the absence of evidence to the contrary.

(4) There is no privilege under this section:

(a) For communications relevant to an issue in proceedings to compel hospitalization of a patient for mental illness, if the psychotherapist in the course of diagnosis or treatment has reasonable cause to believe the patient is in need of hospitalization.

(b) For communications made in the course of a court-ordered examination of the mental or emotional condition of the patient.

(c) For communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his or her claim or defense or, after the patient’s death, in any proceeding in which any party relies upon the condition as an element of the party’s claim or defense.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 40, ch. 90-347; s. 1, ch. 92-57; s. 19, ch. 93-39; s. 475, ch. 95-147; s. 28, ch. 99-2; s. 5, ch. 99-8; s. 1, ch. 2006-204; s. 30, ch. 2014-19; s. 7, ch. 2018-106.

F.S. 90.503 on Google Scholar

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Amendments to 90.503

Arrestable Offenses / Crimes under Fla. Stat. 90.503

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.503.

Annotations, Discussions, Cases:

Cases Citing Statute 90.503

Total Results: 20

Wendell v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-07

Snippet: the patient’s mental or emotional condition.” § 90.503(2), Fla. Stat. This privilege may be asserted by

STATEWIDE GUARDIAN AD LITEM v. AMAURY ALBERTO

Court: District Court of Appeal of Florida | Date Filed: 2022-10-19

Snippet: emotional condition are privileged under section 90.503, Florida Statutes (2017), subject to three statutory

ANGELA BENTRIM v. JEFFREY BENTRIM

Court: District Court of Appeal of Florida | Date Filed: 2022-03-09

Snippet: confidential as provided in Florida law, Section 90.503, Florida Statutes.” Former Wife submitted three

ANDREW POLLACK v. NIKOLAS JACOB CRUZ

Court: District Court of Appeal of Florida | Date Filed: 2020-05-27

Snippet: any other provision of this section or s. 90.503, where: (1) A patient is engaged in a treatment

LISA KRAMER v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-04-08

Snippet: to Kramer’s diagnoses. We begin with section 90.503, Florida Statutes (2017), which provides the following

Beth Hicks, LCSW v. State of Florida, and Robert Steven Price

Court: District Court of Appeal of Florida | Date Filed: 2019-07-23

Snippet: psychotherapist in the course of that relationship.” § 90.503(2), Fla. Stat. (2019). 2 The psychotherapist-patient

STEVEN PAUL ANDERSON v. MARY MITCHELL

Court: District Court of Appeal of Florida | Date Filed: 2019-04-05

Snippet: Fla. Stat. (2017) (emphasis added); see also §§ 90.503(2) (using the same key terms to establish the

Matthew Garcia v. Cynthia Guiles

Court: District Court of Appeal of Florida | Date Filed: 2018-09-05

Citation: 254 So. 3d 637

Snippet: deserves with trying to get all that ∗ § 90.503(3)(d) Fla. Stat.

J.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-07-05

Citation: 250 So. 3d 829

Snippet: an exception to the privilege applies. Section 90.503, Florida Statutes (2017), which codifies the privilege

J.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-07-05

Snippet: an exception to the privilege applies. Section 90.503, Florida Statutes (2017), which codifies the privilege

Rodriguez v. City of South Miami

Court: District Court of Appeal of Florida | Date Filed: 2018-05-09

Citation: 260 So. 3d 338

Snippet: psychotherapist-patient privilege, pursuant to section 90.503(2), Florida Statutes (2017). The City contended

Michael H. Brooks v. Emily H. Brooks

Court: District Court of Appeal of Florida | Date Filed: 2018-02-23

Citation: 239 So. 3d 758

Snippet: the patient’s mental or emotional condition.” § 90.503(2), Fla. Stat. (2016). In a child custody dispute

MARGARET SAJIUN v. DANIEL HERNANDEZ

Court: District Court of Appeal of Florida | Date Filed: 2017-08-23

Citation: 226 So. 3d 875, 2017 Fla. App. LEXIS 12053

Snippet: claims did not relate to mental injury. Section 90.503(2), Florida Statutes (2015), provides the following

Zarzaur v. Zarzaur

Court: District Court of Appeal of Florida | Date Filed: 2017-03-27

Citation: 213 So. 3d 1115, 2017 WL 1134816, 2017 Fla. App. LEXIS 3977

Snippet: psychotherapist-patient privilege under section 90.503(2) of the Florida Statutes as to confidential communications

Robert Scott Santana v. City of Tallahassee

Court: District Court of Appeal of Florida | Date Filed: 2016-07-13

Citation: 195 So. 3d 1187, 2016 Fla. App. LEXIS 10761, 2016 WL 3743276

Snippet: the psychotherapist-patient privilege in section 90.503, Florida Statutes. However, we agree with the respondent

Ted K. Brown, former husband v. Valerie Hays Brown, Former Wife

Court: District Court of Appeal of Florida | Date Filed: 2015-11-22

Citation: 180 So. 3d 1070

Snippet: court decided to exclude the report under section 90.503(2)/ Florida Statutes, because a privilege attaches

S.P., by and through her natural guardian R.P. v. Anthony Vecchio and the State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2014-10-01

Citation: 162 So. 3d 75, 2014 Fla. App. LEXIS 15249

Snippet: written authorization of the patient). Third, section 90.503(2) provides that under the psychotherapist-patient

State v. Avery Topps

Court: District Court of Appeal of Florida | Date Filed: 2014-07-30

Citation: 142 So. 3d 978, 2014 WL 3730009, 2014 Fla. App. LEXIS 11606

Snippet: communication within the definition of section 90.503 of the Florida Statutes, and that the statement

Trejo-Perez v. Arry's Roofing

Court: District Court of Appeal of Florida | Date Filed: 2014-06-03

Citation: 141 So. 3d 220, 2014 WL 2472264, 2014 Fla. App. LEXIS 8384

Snippet: communications an evidentiary privilege, provided in section 90.503, Florida Statutes. Furthermore, and perhaps even

Poole v. South Dade Nursing & Rehabilitation Center

Court: District Court of Appeal of Florida | Date Filed: 2014-05-28

Citation: 139 So. 3d 436, 2014 WL 2199813, 2014 Fla. App. LEXIS 8128

Snippet: Florida’s psychotherapist-patient privilege. § 90.503(4)(b), Fla. Stat. (2013). In the instant case,