The 2023 Florida Statutes (including Special Session C)
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. . . Section 90.503, Florida Statutes (2017), which codifies the privilege, specifically provides as follows . . . In defining the scope of the privilege, section 90.503(4) lists three exceptions to the privilege: (a . . . Although, Barahona failed to raise any of the exceptions listed in section 90.503(4), she argues that . . . Based on our review of sections 395.3025, 456.057, and 90.503, and the relevant case law, we reject this . . . The privilege at issue, as codified by section 90.503, is the otherwise prohibited by law provision that . . .
. . . Rodriguez objected and asserted a psychotherapist-patient privilege, pursuant to section 90.503(2), Florida . . . Section 90.503(2) provides: A patient has a privilege to refuse to disclose, and to prevent any other . . . See § 90.503(4)(a)-(c), Fla. Stat. (2017) (emphasis added); Cruz-Govin, 29 So.3d at 395. . . .
. . . ." § 90.503(2), Fla. Stat. (2016). . . .
. . . Section 90.503(2), Florida Statutes (2015), provides the following in pertinent part: A patient has a . . . be claimed by, among other persons, the patient or the patient’s attorney on the patient’s behalf. § 90.503 . . . proceeding in which the patient relies upon the condition as an element of his or her claim or defense.” § 90.503 . . .
. . . The parties agree that Wife has a psychotherapist-patient privilege under section 90.503(2) of the Florida . . . Likewise, the parties’ communications to the evaluator are not privileged. § 90.503(4)(b), Fla. . . .
. . . required to disclose information that is protected by the psychotherapist-patient privilege in section 90.503 . . .
. . . The trial court decided to exclude the report under section 90.503(2)/ Florida Statutes, because a privilege . . .
. . . Third, section 90.503(2) provides that under the psychotherapist-patient privilege, a patient has a privilege . . .
. . . Defendant to the psychotherapist was a confidential communication within the definition of section 90.503 . . . court granted Defendant’s motion to exclude the statement, finding it was privileged under section 90.503 . . . Section 90.503(l)(c)l.-3., Florida Statutes (2012), provides: (l)(c) A communication between psychotherapist . . . Subsection one of the comments to section 90.503 states: A communication is “confidential” if made in . . . presence during the examination was necessary “for the transmission of the communication” under section 90.503 . . .
. . . the Florida Legislature accords those communications an evidentiary privilege, provided in section 90.503 . . .
. . . . § 90.503(4)(b), Fla. Stat. (2013). . . .
. . . See § 90.503(4)(c), Fla. . . .
. . . ineffective in failing to assert the psychotherapist-patient privilege on behalf of Wheeler based on section 90.503 . . . The postconviction court held that this privilege did not apply based on the exception in section 90.503 . . . Section 90.503 provides in relevant part: (2) A patient has a privilege to refuse to disclose, and to . . . proceeding in which any party relies upon the condition as an element of the party’s claim or defense. § 90.503 . . .
. . . minor children, for whom no guardian ad litem was appointed by the trial court, in violation of section 90.503 . . . 2004), where we held that a parent lacked standing to assert the statutory privilege found in section 90.503 . . .
. . . . § 90.503(3)(d); Haw. Rev.Stat. § 626-1, R. 504.1(c); N.J. R. Ev. Rule 505; Okla. Stat. . . .
. . . They cited section 90.503(4)(c), Florida Statutes, which provides as follows: (4) There is no privilege . . . With respect to the Center, they argued that section 90.503(4)(c) did not apply because Jason was not . . . who are participating in the diagnosis or treatment under the direction of the psychotherapist.” § 90.503 . . . or treatment of a mental or emotional condition, including alcoholism and other drug addiction[.] § 90.503 . . . While Defendants argue that the Center’s records are unequivocally privileged by section 90.503, and . . .
. . . Seidman and whether petitioner was a “patient” as contemplated by Florida Statute section 90.503(l)(b . . .
. . . See §§ 456.057, 456.059, or 90.503, Fla. Stat. (2010). . . . .
. . . and asserts that she therefore waived her statutory psychotherapist-patient privilege, under section 90.503 . . .
. . . court for further proceedings, including the entry of an order consistent with sections 61.125 and 90.503 . . .
. . . . § 90.503(3)(d); Haw.Rev.Stat. § 626-1, R. 504.1(c); N.J. R. Ev. Rule 505; Okla. Stat. . . .
. . . See § 90.503(2), Fla. Stat. (2008). . . . .
. . . See § 90.503, Fla. Stat. (2009). . . .
. . . psychological evaluation is protected by Florida’s psychotherapist-patient privilege, which is found in section 90.503 . . . Id. § 90.503(2) (emphasis added). . . .
. . . Section 90.503(2), Florida Statutes (2009), provides that a patient has a privilege to decline to disclose . . . See 90.503(4)(a)-(e); State v. Famiglietti, 817 So.2d 901, 903-04 (Fla. 3d DCA 2002) (en banc). . . . Because Cruz-Govin has not relied upon his mental or emotional condition in this case, section 90.503 . . .
. . . Evidence apply unless superseded by these rules. (3) The psychotherapist-patient privilege under section 90.503 . . .
. . . . § 90.503(2), Fla. Stat. (2005). . . . . § 90.503(3)(a), and the psychotherapist on behalf of the patient. . . . . § 90.503(3)(d) (“The authority of a psychotherapist to claim the privilege is presumed in the absence . . .
. . . medical and mental health communications and records were confidential and privileged pursuant to section 90.503 . . . Physician-Patient Confidentiality Florida’s psychotherapist-patient privilege is set forth in section 90.503 . . .
. . . Petitioner seeks review based on section 90.503(2), Florida Statutes (2008), which protects a patient . . . Under section 90.503(4)(e), there is no privilege for communications relevant to an issue of the mental . . .
. . . the mother’s request to produce based on the psychotherapist-patient privilege recognized in section 90.503 . . . in which the patient relies upon the condition as an element of his or her claim or defense. ... § 90.503 . . . should assist the trial court in making custody determinations, without violating anyone’s section 90.503 . . .
. . . in camera inspection ran directly afoul of the psychotherapist-patient privilege created by section 90.503 . . .
. . . Stat. (2006) (providing for lawyer-client privilege); § 90.503, Fla. . . .
. . . . § 90.503(2), Fla. Stat. (2005); see Pauker v. Olson, 834 So.2d 198, 200 (Fla. 2d DCA 2002). . . . . § 90.503(4); Roberson, 884 So.2d at 980; State v. . . . The Baker Act is also known as “The Florida Mental Health Act.” § 394.451. .§ 90.503, Fla. . . .
. . . In 2006, the Legislature amended section 90.503, Florida Statutes, to broaden the psychotherapist-patient . . . Under section 90.503(l)(a)(5), the privilege now applies to “advanced registered nurse practitioners” . . . Chapter 2006-204, § 1: 90.503. . . .
. . . objection as to both documents was based on the psychotherapist-patient privilege described in section 90.503 . . . inspection to determine specifically which portions of the 2002 evaluation that are protected by section 90.503 . . . Section 90.503(2), Florida Statutes, provides as follows: (2) A patient has a privilege to refuse to . . .
. . . . § 90.503(4)(c), Fla. Stat. (2006). The court therefore erred in granting the motion in limine. . . .
. . . The psychotherapist-patient privilege is found in our evidence code, section 90.503; however, there is . . . a specific exception provided in section 90.503(4)(a): (4) There is no privilege under this section: . . . lead us to conclude that the communications to the therapists in this case fell within the section 90.503 . . .
. . . Section 90.503(3)(d), Florida Statutes (2005), allows a psychotherapist to assert the privilege on behalf . . .
. . . . § 90.503(3)(b), Fla. Stat. (2005). The privilege has statutory limitations and may be waived. . . . Pursuant to section 90.503(4)(c), Florida Statutes (2005), there is no privilege [f]or communications . . . We held that “the section 90.503(4)(c) exception applies only when the patient — rather than some party . . .
. . . section 456.057, Florida Statutes (providing limited confidentiality for medical records) and section 90.503 . . .
. . . that they were protected from disclosure by the psychotherapist-patient privilege codified in section 90.503 . . . Section 90.503(2), Florida Statutes, provides that the patient of a psychotherapist has a privilege to . . . Material to the present case, section 90.503(4)(c), provides an exception to this privilege for “communications . . . mental or emotional condition unrelated to the injuries of which the petitioner complains, the section 90.503 . . . litigation, the petitioner, has not placed his mental or emotional condition in issue, the section 90.503 . . .
. . . Section 90.503(2), Florida Statutes (2005), provides as follows: “A patient has a privilege to refuse . . . in which the patient relies upon the condition as an element of his or her claim or defense .... ” § 90.503 . . . the mental or emotional condition of the plaintiff at issue so as to waive the protection of section 90.503 . . .
. . . See §§ 90.502, 90.503, 90.504, 90.505, 90.5055, Fla. Stat. (2004). . . . Section 90.503, Florida Statutes (2004), provides that a patient has a privilege to refuse to disclose . . . See § 90.503(2), Fla. Stat. (2004). . . . See § 90.503(4)(b), Fla. Stat. (2004). Here, the court did not order the sessions. . . .
. . . Legler is protected by the psychotherapist-patient privilege articulated in section 90.503, Florida Statutes . . . Section 90.503(4) identifies the exceptions to this privilege, as follows: (4) There is no privilege . . . Section 90.503 would be useless. . . . the mental or emotional condition of the plaintiff at issue so as to waive the protection of section 90.503 . . .
. . . communications with his counselor were privileged as mental health treatment communications under section 90.503 . . . with the psychotherapists to be communicated to a third person other than those set out in section 90.503 . . .
. . . Compare § 90.503(2) (“A patient has a privilege to refuse to disclose, and to prevent any other person . . .
. . . . § 90.503, Fla. Stat. (2004). . § 90.507, Fla. Stat. (2004). . . .
. . . Section 90.503, Florida Statutes (2003), protects a patient’s communications with a licensed or certified . . . However, for matters to come within the protection of section 90.503, they must be confidential and made . . .
. . . Section 90.503(2), Florida Statutes (2003), which defines the psychotherapist-patient privilege, states . . . See § 90.503(4), Fla. Stat. (2003). . . .
. . . Bloom’s counsel filed a motion to quash the subpoena pursuant to section 90.503, the psychotherapist-patient . . . Statutes (2003)] abrogates the psychotherapist-patient privilege which was enacted pursuant to [section] 90.503 . . . point, its ruling assumes that Pastor Nussbaumer was a “psychotherapist” within the meaning of section 90.503 . . . was not shown to be ope of the “treatment personnel” at any of the, facilities described in section 90.503 . . . not a “psychotherapist” for purposes of the psychotherapist-patient privilege recognized in section 90.503 . . .
. . . not an adequate basis either for concluding that the psychotherapist-patient privilege under section 90.503 . . .
. . . However, section 90.503(3)(d) also permits the psychotherapist to assert the privilege on behalf of the . . . court-ordered evaluations and examinations excluded from the patient-psychotherapist privilege under section 90.503 . . .
. . . proceeding, a juvenile “has a right to assert” the psychotherapist/patient privilege pursuant to section 90.503 . . .
. . . the mental or emotional condition of the plaintiff at issue so as to waive the protection of section 90.503 . . .
. . . upon his mental condition “as an element of [his] claim or defense,” so that the exception of section 90.503 . . . the mental or emotional condition of the plaintiff at issue so as to waive the protection of section 90.503 . . . The records of Columbia Hospital fall within the privilege of section 90.503. . . . made “for the purpose of diagnosis or treatment of the patient’s mental or emotional condition.” § 90.503 . . . the patient’s physical or medical condition would be to en-graft an additional exception to section 90.503 . . .
. . . petitioners rely on the marital privilege, section 90.504, and the psychotherapist privilege, section 90.503 . . . It is also part of the Evidence Code and provides in relevant part: Section 90.503 Psychotherapist-patient . . .
. . . the release of information on grounds of the psychotherapist/patient privilege, pursuant to section 90.503 . . . the trial court, on rehearing, recognized that Petitioner had not waived her privilege under section 90.503 . . . The psychotherapist/patient privilege, contained in section 90.503(2), Florida Statutes, provides: A . . . any diagnosis made, and advice given, by the psychotherapist in the course of that relationship. § 90.503 . . .
. . . The psychotherapist-patient privilege, listed in section 90.503(2), Florida Statutes, has been abrogated . . .
. . . Contrary to the Respondent’s assertion, the exceptions set forth in sections 90.503(4)(a) and (b) don . . . was pursuant to a plea agreement, that does not constitute a court-ordered examination under section 90.503 . . .
. . . non-party patients, and threatens to violate the patient/psychotherapist privilege codified in section 90.503 . . . suggests that there may be an issue regarding the psychotherapist patient privilege under subsection 90.503 . . .
. . . Section 90.503(2), Florida Statutes (2001), provides that confidential communications or records between . . . See § 90.503(4)(a), Fla. . . .
. . . In his motion for rehearing, petitioner cited to section 90.503, Florida Statutes (2001), the psychotherapist-patient . . . Third District has held that in order to obtain in camera review of privileged items under section 90.503 . . . Although the details of the relationships, if any, may not be privileged under section 90.503, the names . . . The names of the current or former patients are privileged under section 90.503, and any correspondence . . . relating to diagnosis or treatment would also be privileged. § 90.503(2). . . .
. . . requirements of law by violating the statutory psychotherapist-patient privilege set out in section 90.503 . . . Subsection (2) of section 90.503 sets forth the initial parameters of the privilege, stating that a patient . . . Section 90.503 reflects an awareness that “confidentiality is essential to the conduct of successful . . . the mental health of each parent, although a parent may assert the evidentiary privilege of section 90.503 . . .
. . . The State is not listed in subsection 90.503(3), Florida Statutes (2001) as one of the persons or entities . . . The psychotherapist-patient privilege is a right provided by law. § 90.503, Fla. Stat. (2001). . . . made for the purpose of diagnosis or treatment of the patient’s mental or emotional condition .... ” § 90.503 . . . Id. § 90.503(4). . . . Id. § 90.503(2). . . .
. . . Following that discussion, we will analyze the particular provisions of sections 90.503 and 456.059 wherein . . . Therefore, when the Legislature enacted section 90.503, Florida Statutes, it created a privilege where . . . the exception under section 456.059, as we would be in interpreting the privilege created by section 90.503 . . . However, in enacting section 90.503, the Legislature recognized the need for testimonial privilege “to . . . Other communications that fall within the privilege created by section 90.503 remain protected and may . . .
. . . . § 90.503; Ind.Code §§ 25-23.6-6-1, 25-23.6-1-3.8; Iowa Code Ann. § 622.10; La.Code Evid. . . . Ann. § 90.503; Ga.Code Ann. § 24-9-21; Idaho Code § 54-3213; 225 Ill. Comp. Stat. . . .
. . . The Florida Legislature, by passage of sections 90.502, 90.503, and 90.507, Florida Statutes (1995), . . .
. . . responded that the disclosure would violate the psychotherapist-patient privilege set forth in section 90.503 . . . We agree with our sister court and find the same analysis applicable to section 90.503. . . . Section 90.503 contains three exceptions within its text and an additional one in section 456.059, Florida . . .
. . . argues that she has a privilege not to disclose the records of her psychotherapist, citing section 90.503 . . . See Law Revision Council Note to section 90.503 (1976); Fidelity & Cas. Co. of New York v. . . . Law Revision Council Note to section 90.503 (1976). . . . or the patient’s attorney on the patient’s behalf; (b) A guardian or conservator of the patient. § 90.503 . . . Pursuant to section 90.503(4)(c) there is no privilege: (c) For communications relevant to an issue of . . .
. . . of paternity determination in certain criminal prosecutions); 99-2, section 28 (reenacting section 90.503 . . . amending section 90.953, Florida Statutes, Admissibility of duplicates); 99-8, section 5 (amending section 90.503 . . .
. . . She asserts that her psychiatric records are protected from discovery by section 90.503, Florida Statutes . . . the mental or emotional condition of the plaintiff at issue so as to waive the protection of section 90.503 . . .
. . . As to the psychiatric records, there is a psychotherapist-patient privilege under section 90.503, Florida . . . any proceeding in which any party relies upon the condition as an element of his claim or defense.” § 90.503 . . .
. . . Petitioner objected on the ground that the records were privileged under section 90.503 of the Florida . . . Evidence Code, while respondents argued that the exception stated in 90.503(4)(e) applied: For communications . . . proceeding in which any party relies upon the condition as an element of the party’s claim or defense. § 90.503 . . .
. . . Notwithstanding any other provisions of this section or s. 90.503, where: (1) A patient is engaged in . . .
. . . Petitioner argued that section 90.503(2), Florida Statutes, prohibits the disclosure of confidential . . . See also § 90.503(4)(c), Fla. Stat. (1995). . . .
. . . . § 90.503(3)(d); Haw.Rev.Stat. § 626-1, R. 504.1(c); N.J. R. Ev. Rule 505; Okla. Stat. . . .
. . . Compare s. 90.503(4), F.S., providing that there is no psychotherapist-patient privilege regarding commitment . . .
. . . Accordingly, there is no waiver pursuant to section 90.503(4)(c), Florida Statutes (1993). . . . psychiatric records would be disclosed to a third party, who was not one of the persons listed in section 90.503 . . .
. . . . §90.503 (Supp. 1992); Ga. Code Ann. §24-9-21 (1995); Haw. . . . Stat. §90.503 (1991); Ga. Code Ann. §24-9-21 (1995); Idaho Code §54-3213 (1994); Ill. Comp. . . . . §90.503(4) (Supp. 1992) (all three exceptions); Ky. Rule Evid. 507(e) (all three); Nev. Rev. . . .
. . . This ruling violates the psychotherapist-patient privilege, § 90.503, Fla.Stat. (1993), where, as here . . .
. . . See § 90.503(4)(c), Fla.Stat. (1993); Sykes v. St. . . .
. . . Although section 90.503, Florida Statutes (1993), establishes a psychotherapist-patient privilege, section . . . 90.503(4)(e), Florida Statutes (1993) limits the privilege. 90.503 Psychotherapist-patient privilege . . .
. . . See, e.g., Cal.Evid.Code § 1010 (West 1994); Fla.Stat. ch. 90.503 (1994); Va.Code Ann. § 8.01-400.2 ( . . .
. . . defense counsel to release the evaluation does not waive H.A.W.’s privileges under sections 90.502 and 90.503 . . . Section 90.503(2), Florida Statutes (1993) provides that: A patient has a privilege to refuse to disclose . . . See § 90.503(4)(b) ("There is no privilege under this section for communications made in the course of . . .
. . . certain analogous statutory privileges, e.g., the psychotherapist-patient privilege set forth in section 90.503 . . .
. . . certio-rari and quash an order compelling discovery of information claimed to be protected under section 90.503 . . . The trial court concluded that the exception to the psychotherapist-patient privilege in subsection 90.503 . . . The exception in subsection 90.503(4)(c) is not applicable to such communications, which are entitled . . .
. . . . § 90.503 (West 1979 & Supp.1993). . . .
. . . Section 90.503(4)(c), Florida Statutes (1991), provides that there is no psychotherapist-patient privilege . . .
. . . of information protected by the psychotherapist/patient privilege, which is spelled out in section 90.503 . . . The pertinent statutory provision from section 90.503 states: (4) There is no privilege under this section . . .
. . . Section 90.503 of the Florida Evidence Code provides for a privilege between patient and psychotherapist . . .
. . . argues that the order compelling discovery violates the psychotherapist-patient privilege in section 90.503 . . . In such a circumstance, the exception contained in section 90.503(4)(c) does not apply. . . . Section 90.503 provides in pertinent part: 90.503 Psychotherapist-patient privilege. (2) A patient has . . .
. . . Section 90.503, Florida Statutes (1989), articulates the psychotherapist-patient privilege, and subsection . . . belief that the person is a psychotherapist is when the psychotherapist is a physician, under section 90.503 . . . Thompson argues that a new provision of section 90.503 should apply to his case. . . . Section 90.503(1)(a)(4) now includes in the definition of “psychotherapist": Treatment personnel of facilities . . .
. . . to his good moral character and fitness to perform the responsibilities of an attorney under Section 90.503 . . .
. . . this case by the children’s mother on their behalf), is set forth in Florida’s Evidence Code, section 90.503 . . . See section 90.503(2), Florida Statutes (1989). . . .
. . . court is protected from such disclosure by the psychotherapist-patient privilege contained in section 90.503 . . .
. . . . § 90.503 (West 1992). Section 90.-503, however, does not provide a privacy cause of action. . . .
. . . We agree with the defendants that Section 90.503, clearly provides for a privilege against the discovery . . . Section 90.503(2) provides: A patient has a privilege to refuse to disclose, and to prevent any other . . . As to any alleged waiver of this privilege, Section 90.503(4) provides: There is no privilege under this . . . Since the language of Section 90.503 clearly provides for a privilege over psychotherapist-patient communications . . .
. . . essential requirements of law because it violates the psychotherapist-patient privilege found in section 90.503 . . . Section 90.503(4)(c) states: (4) There is no privilege under this section: (c) For communications relevant . . .