Florida Statutes

Fla. Stat. § 90.503 (2025)

Psychotherapist-patient privilege.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 145 cases (7 in the last 5 years), 1979–2026 · leading case: Jaffee v. Redmond, 518 U.S. 1 (1996).

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Jaffee v. Redmond, 518 U.S. 1 (1996). · cites it 6× “§ 14-307 (1995); Fla. Stat. § 90.503 (Supp. 1992); Ga. Code Ann.”

Westerheide v. State, 831 So. 2d 93 (Fla. 2002). · cites it 4× “Section 90.503(2), Florida Statutes (2001), provides that confidential communications or records between an individual and a psychotherapist which are made for the purpose of diagnosis or treatment of a patient's mental or emotional condition are privileged.”

Attorney Ad Litem for DK v. Parents of DK, 780 So. 2d 301 (Fla. 4th DCA 2001). · cites it 9× “§ 90.503, Fla.Stat. (2000). A "patient" is defined as "a person who consults, or is interviewed by, a psychotherapist for purposes of diagnosis or treatment of a mental or emotional condition .”

State v. Famiglietti, 817 So. 2d 901 (Fla. 3d DCA 2002). · cites it 8× “001(7), Florida Statutes (2001), provides in part, "The victim of a crime ... and the state attorney, with the consent of the victim .”

Wheeler v. State, 124 So. 3d 865 (Fla. 2013). · cites it 7× “§ 90.503, Fla. Stat. (2006). We deny this claim for several reasons.”

Floyd v. State, 18 So. 3d 432 (Fla. 2009). · cites it 4× “§ 90.503(2), Fla. Stat. (2005). This privilege may be claimed by certain individuals, including the patient himself or herself, see id.”

Nussbaumer v. State, 882 So. 2d 1067 (Fla. 2d DCA 2004). · cites it 4× “Bloom's counsel filed a motion to quash the subpoena pursuant to section 90.503, the psychotherapist-patient privilege.”

Brown v. Montanez, 90 So. 3d 982 (Fla. 4th DCA 2012). · cites it 10× “The statute specifically applies to communications and records “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.”

Florida Bd. of Bar Examiners Re: Applicant, 443 So. 2d 71 (Fla. 1983). · cites it 5× “Applicant maintains that the Board’s action violates his right of privacy and his right to due process, of law guaranteed by the Florida and United States Constitutions, and his rights guaranteed by section 90.503, Florida Statutes (1981), and article I, section 2 of the Florida…”

Florida Hosp. Waterman, Inc. v. Buster, 984 So. 2d 478 (Fla. 2008). · cites it 2× “(2006) (providing for lawyer-client privilege); § 90.503, Fla. Stat. (2006) (providing for psychotherapist-patient privilege); § 90.”

Guerrier v. State, 811 So. 2d 852 (Fla. 5th DCA 2002). · cites it 5× “Therefore, when the Legislature enacted section 90.503, Florida Statutes, it created a privilege where none had existed at common law.”

Carson v. Jackson, 466 So. 2d 1188 (Fla. 4th DCA 1985). · cites it 9× “Rejecting this argument, the third district said: Plainly, the testimony was not excludable as falling within the psychotherapist-patient privilege [§ 90.503, Fla. Stat. (1981)] because such privilege is by statute specifically abrogated in cases, as here, "involving known or…”

Show all 145 citing cases →

— 90.503(1) — 2 cases

Angela Bentrim v. Jeffrey Bentrim (Fla. 4th DCA 2022).

Jean-Baptiste v. State, 931 So. 2d 965 (Fla. 4th DCA 2006).

— 90.503(1)(a) — 2 cases

Nussbaumer v. State, 882 So. 2d 1067 (Fla. 2d DCA 2004). “Bloom's counsel filed a motion to quash the subpoena pursuant to section 90.503, the psychotherapist-patient privilege.”

Oswald v. Diamond, 576 So. 2d 909 (Fla. 1st DCA 1991).

— 90.503(1)(a)(1) — 1 case

Thompson v. State, 615 So. 2d 737 (Fla. 1st DCA 1993).

— 90.503(1)(a)(4) — 2 cases

Nussbaumer v. State, 882 So. 2d 1067 (Fla. 2d DCA 2004). “Bloom's counsel filed a motion to quash the subpoena pursuant to section 90.503, the psychotherapist-patient privilege.”

Thompson v. State, 615 So. 2d 737 (Fla. 1st DCA 1993).

— 90.503(1)(a)(5) — 1 case

In Re Amendments to the Fl. Evidence Code, 960 So. 2d 762 (Fla. 2007).

— 90.503(1)(b) — 1 case

Attorney Ad Litem for DK v. Parents of DK, 780 So. 2d 301 (Fla. 4th DCA 2001). “§ 90.503, Fla.Stat. (2000). A "patient" is defined as "a person who consults, or is interviewed by, a psychotherapist for purposes of diagnosis or treatment of a mental or emotional condition .”

— 90.503(1)(c) — 2 cases

Saenz v. Alexander, 584 So. 2d 1061 (Fla. 1st DCA 1991).

Lisa Kramer v. State of Florida (Fla. 4th DCA 2020).

— 90.503(2) — 45 cases

Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “Section 90.503(2), Florida Statutes (2001), provides that confidential communications or records between an individual and a psychotherapist which are made for the purpose of diagnosis or treatment of a patient's mental or emotional condition are privileged.”

State v. Famiglietti, 817 So. 2d 901 (Fla. 3d DCA 2002). “001(7), Florida Statutes (2001), provides in part, "The victim of a crime ... and the state attorney, with the consent of the victim .”

Floyd v. State, 18 So. 3d 432 (Fla. 2009). “§ 90.503(2), Fla. Stat. (2005). This privilege may be claimed by certain individuals, including the patient himself or herself, see id.”

Jackson v. State, 833 So. 2d 243 (Fla. 4th DCA 2002).

Dep't of Child. & Fam. Servs. v. S.H., 49 So. 3d 846 (Fla. 2d DCA 2010).

— 90.503(3) — 3 cases

State v. Famiglietti, 817 So. 2d 901 (Fla. 3d DCA 2002). “001(7), Florida Statutes (2001), provides in part, "The victim of a crime ... and the state attorney, with the consent of the victim .”

Hall v. Spencer, 472 So. 2d 1205 (Fla. 4th DCA 1985).

Wendell v. State of Florida (Fla. 1st DCA 2024).

— 90.503(3)(a) — 2 cases

Floyd v. State, 18 So. 3d 432 (Fla. 2009). “§ 90.503(2), Fla. Stat. (2005). This privilege may be claimed by certain individuals, including the patient himself or herself, see id.”

Margaret Sajiun v. Daniel Hernandez, 226 So. 3d 875 (Fla. 4th DCA 2017).

— 90.503(3)(b) — 3 cases

Hannon v. Shands Teaching Hosp. & Clinics, Inc., 970 So. 2d 344 (Fla. 1st DCA 2006).

Angela Bentrim v. Jeffrey Bentrim (Fla. 4th DCA 2022).

Hannon v. Shands Teaching Hosp. & Clinics, 970 So. 2d 344 (Fla. 1st DCA 2006).

— 90.503(3)(d) — 5 cases

Baron v. Baron, 941 So. 2d 1233 (Fla. 2d DCA 2006).

Floyd v. State, 18 So. 3d 432 (Fla. 2009). “§ 90.503(2), Fla. Stat. (2005). This privilege may be claimed by certain individuals, including the patient himself or herself, see id.”

Matthew Garcia v. Cynthia Guiles, 254 So. 3d 637 (Fla. 1st DCA 2018).

Hughes v. Schatzberg, 872 So. 2d 996 (Fla. 4th DCA 2004).

Beth Hicks, LCSW v. State of Florida, & Robert Steven Price (Fla. 1st DCA 2019).

— 90.503(4) — 9 cases

State v. Roberson, 884 So. 2d 976 (Fla. 5th DCA 2004).

J.B. v. State, 250 So. 3d 829 (Fla. 3d DCA 2018).

State v. Famiglietti, 817 So. 2d 901 (Fla. 3d DCA 2002). “001(7), Florida Statutes (2001), provides in part, "The victim of a crime ... and the state attorney, with the consent of the victim .”

Garbacik v. Wal-Mart Transp., LLC, 932 So. 2d 500 (Fla. 5th DCA 2006).

Byxbee v. Reyes, 850 So. 2d 595 (Fla. 4th DCA 2003).

— 90.503(4)(a) — 5 cases

Brown v. Montanez, 90 So. 3d 982 (Fla. 4th DCA 2012). “The statute specifically applies to communications and records “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.”

Troville v. State, 953 So. 2d 637 (Fla. 4th DCA 2007).

Rodriguez v. City of South Miami, 260 So. 3d 338 (Fla. 3d DCA 2018).

Ramey v. Thomas, 436 So. 2d 251 (Fla. 5th DCA 1983).

— 90.503(4)(b) — 11 cases

Zarzaur v. Zarzaur, 213 So. 3d 1115 (Fla. 1st DCA 2017).

Segarra v. Segarra, 932 So. 2d 1159 (Fla. 3d DCA 2006).

Hughes v. Schatzberg, 872 So. 2d 996 (Fla. 4th DCA 2004).

Viveiros v. Cooper, 832 So. 2d 868 (Fla. 4th DCA 2002).

— 90.503(4)(c) — 35 cases

Wheeler v. State, 124 So. 3d 865 (Fla. 2013). “§ 90.503, Fla. Stat. (2006). We deny this claim for several reasons.”

Palm Beach Cnty. Sch. Bd. v. Morrison, 621 So. 2d 464 (Fla. 4th DCA 1993).

Bandorf v. Volusia Cnty. Dep't of Corr., 939 So. 2d 249 (Fla. 1st DCA 2006).

Miraglia v. Miraglia, 462 So. 2d 507 (Fla. 4th DCA 1984).

— 90.503(l)(a) — 1 case

— 90.503(l)(b) — 1 case

ESTAPE v. Scherer, 67 So. 3d 428 (Fla. 4th DCA 2011).

— 90.503(l)(c) — 2 cases

Wheeler v. State, 124 So. 3d 865 (Fla. 2013). “§ 90.503, Fla. Stat. (2006). We deny this claim for several reasons.”

State v. Avery Topps, 142 So. 3d 978 (Fla. 4th DCA 2014).

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