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Florida Statute 90.503 | Lawyer Caselaw & Research
F.S. 90.503 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
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.
(c) The personal representative of a deceased 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

F.S. 90.503 on Casetext

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 from cite.case.law:

GARCIA, v. GUILES,, 254 So. 3d 637 (Fla. App. Ct. 2018)

. . . . § 90.503(3)(d), Fla. Stat. . . .

J. B. a v. STATE, 250 So. 3d 829 (Fla. App. Ct. 2018)

. . . 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, v. CITY OF SOUTH MIAMI,, 260 So. 3d 338 (Fla. App. Ct. 2018)

. . . 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. . . .

H. BROOKS, v. H. BROOKS,, 239 So. 3d 758 (Fla. App. Ct. 2018)

. . . ." § 90.503(2), Fla. Stat. (2016). . . .

SAJIUN, v. HERNANDEZ,, 226 So. 3d 875 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

B. ZARZAUR, v. A. ZARZAUR, Jr., 213 So. 3d 1115 (Fla. Dist. Ct. App. 2017)

. . . 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. . . .

SANTANA, v. CITY OF TALLAHASSEE,, 195 So. 3d 1187 (Fla. Dist. Ct. App. 2016)

. . . required to disclose information that is protected by the psychotherapist-patient privilege in section 90.503 . . .

K. BROWN, v. BROWN,, 180 So. 3d 1070 (Fla. Dist. Ct. App. 2015)

. . . The trial court decided to exclude the report under section 90.503(2)/ Florida Statutes, because a privilege . . .

S. P. R. P. v. VECCHIO, 162 So. 3d 75 (Fla. Dist. Ct. App. 2014)

. . . Third, section 90.503(2) provides that under the psychotherapist-patient privilege, a patient has a privilege . . .

STATE v. TOPPS,, 142 So. 3d 978 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

TREJO- PEREZ, v. ARRY S ROOFING, 141 So. 3d 220 (Fla. Dist. Ct. App. 2014)

. . . the Florida Legislature accords those communications an evidentiary privilege, provided in section 90.503 . . .

POOLE, v. SOUTH DADE NURSING REHABILITATION CENTER, 139 So. 3d 436 (Fla. Dist. Ct. App. 2014)

. . . . § 90.503(4)(b), Fla. Stat. (2013). . . .

SCULLY, v. SHANDS TEACHING HOSPITAL AND CLINICS, INC., 128 So. 3d 986 (Fla. Dist. Ct. App. 2014)

. . . See § 90.503(4)(c), Fla. . . .

L. WHEELER, v. STATE L. v. D., 124 So. 3d 865 (Fla. 2013)

. . . 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 . . .

CARRILLO- JIMENEZ, v. CARRILLO,, 110 So. 3d 490 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

AWALT, v. MARKETTI,, 287 F.R.D. 409 (N.D. Ill. 2012)

. . . . § 90.503(3)(d); Haw. Rev.Stat. § 626-1, R. 504.1(c); N.J. R. Ev. Rule 505; Okla. Stat. . . .

F. BROWN, F. v. MONTANEZ Co- Jr., 90 So. 3d 982 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

ESTAPE, v. SCHERER,, 67 So. 3d 428 (Fla. Dist. Ct. App. 2011)

. . . Seidman and whether petitioner was a “patient” as contemplated by Florida Statute section 90.503(l)(b . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 68 So. 3d 228 (Fla. 2011)

. . . See §§ 456.057, 456.059, or 90.503, Fla. Stat. (2010). . . . .

G. SMITH, v. SMITH,, 64 So. 3d 169 (Fla. Dist. Ct. App. 2011)

. . . and asserts that she therefore waived her statutory psychotherapist-patient privilege, under section 90.503 . . .

SOTERO, v. SULLIVAN,, 60 So. 3d 512 (Fla. Dist. Ct. App. 2011)

. . . court for further proceedings, including the entry of an order consistent with sections 61.125 and 90.503 . . .

RICHARDSON, v. SEXUAL ASSAULT SPOUSE ABUSE RESOURCE CENTER, INC., 764 F. Supp. 2d 736 (D. Md. 2011)

. . . . § 90.503(3)(d); Haw.Rev.Stat. § 626-1, R. 504.1(c); N.J. R. Ev. Rule 505; Okla. Stat. . . .

In E. R. A. R. Ad v. S. H. F. R., 49 So. 3d 846 (Fla. Dist. Ct. App. 2010)

. . . See § 90.503(2), Fla. Stat. (2008). . . . .

URBANEK, v. URBANEK, W., 46 So. 3d 1235 (Fla. Dist. Ct. App. 2010)

. . . See § 90.503, Fla. Stat. (2009). . . .

DELAURENTOS v. PEGUERO,, 47 So. 3d 879 (Fla. Dist. Ct. App. 2010)

. . . psychological evaluation is protected by Florida’s psychotherapist-patient privilege, which is found in section 90.503 . . . Id. § 90.503(2) (emphasis added). . . .

CRUZ- GOVIN, v. TORRES,, 29 So. 3d 393 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

In FLORIDA RULES OF CIVIL PROCEDURE FOR INVOLUNTARY COMMITMENT OF SEXUALLY VIOLENT PREDATORS, 13 So. 3d 1025 (Fla. 2009)

. . . Evidence apply unless superseded by these rules. (3) The psychotherapist-patient privilege under section 90.503 . . .

FLOYD, v. STATE v. A., 18 So. 3d 432 (Fla. 2009)

. . . . § 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 . . .

WILDER, v. WILDER a, 993 So. 2d 182 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

J. BROUSSEAU, v. BROWARD COUNTY BOARD OF COMMISSIONERS, Al, 992 So. 2d 882 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

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

. . . 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 . . .

WEBB, v. DOLLAR TREE STORES, INC., 987 So. 2d 778 (Fla. Dist. Ct. App. 2008)

. . . in camera inspection ran directly afoul of the psychotherapist-patient privilege created by section 90.503 . . .

FLORIDA HOSPITAL WATERMAN, INC. v. M. BUSTER, v., 984 So. 2d 478 (Fla. 2008)

. . . Stat. (2006) (providing for lawyer-client privilege); § 90.503, Fla. . . .

C. L. v. JUDD,, 993 So. 2d 991 (Fla. Dist. Ct. App. 2007)

. . . . § 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 AMENDMENTS TO THE FLORIDA EVIDENCE CODE, 960 So. 2d 762 (Fla. 2007)

. . . 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. . . .

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

. . . 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 . . .

STATE v. ROGERS,, 955 So. 2d 1213 (Fla. Dist. Ct. App. 2007)

. . . . § 90.503(4)(c), Fla. Stat. (2006). The court therefore erred in granting the motion in limine. . . .

TROVILLE, v. STATE, 953 So. 2d 637 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

BARON, v. BARON,, 941 So. 2d 1233 (Fla. Dist. Ct. App. 2006)

. . . Section 90.503(3)(d), Florida Statutes (2005), allows a psychotherapist to assert the privilege on behalf . . .

HANNON, v. SHANDS TEACHING HOSPITAL AND CLINICS, INC. d b a D. O. B. S. M. D., 970 So. 2d 344 (Fla. Dist. Ct. App. 2006)

. . . . § 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 . . .

DEVEREUX FLORIDA TREATMENT NETWORK, INC. v. McINTOSH,, 940 So. 2d 1202 (Fla. Dist. Ct. App. 2006)

. . . section 456.057, Florida Statutes (providing limited confidentiality for medical records) and section 90.503 . . .

BANDORF, v. VOLUSIA COUNTY DEPARTMENT OF CORRECTIONS, 939 So. 2d 249 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

E. IRELAND, v. A. FRANCIS R. d b a A., 945 So. 2d 524 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

A. SEGARRA, III, v. SEGARRA,, 932 So. 2d 1159 (Fla. Dist. Ct. App. 2006)

. . . 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. . . .

GARBACIK, v. WAL- MART TRANSPORTATION, LLC,, 932 So. 2d 500 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

JEAN- BAPTISTE, v. STATE, 931 So. 2d 965 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

WOODARD v. JUPITER CHRISTIAN SCHOOL, INC., 913 So. 2d 1188 (Fla. Dist. Ct. App. 2005)

. . . Compare § 90.503(2) (“A patient has a privilege to refuse to disclose, and to prevent any other person . . .

COMMERCIAL CARRIER CORPORATION, v. KELLEY, Jr., 903 So. 2d 240 (Fla. Dist. Ct. App. 2005)

. . . . § 90.503, Fla. Stat. (2004). . § 90.507, Fla. Stat. (2004). . . .

E. QUINNEY, v. QUINNEY,, 890 So. 2d 407 (Fla. Dist. Ct. App. 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 . . .

STATE v. ROBERSON,, 884 So. 2d 976 (Fla. Dist. Ct. App. 2004)

. . . Section 90.503(2), Florida Statutes (2003), which defines the psychotherapist-patient privilege, states . . . See § 90.503(4), Fla. Stat. (2003). . . .

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

. . . 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 . . .

HASTINGS, v. RIGSBEE,, 875 So. 2d 772 (Fla. Dist. Ct. App. 2004)

. . . not an adequate basis either for concluding that the psychotherapist-patient privilege under section 90.503 . . .

L. HUGHES, v. SCHATZBERG,, 872 So. 2d 996 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

E. C. a v. GUARDIAN AD LITEM PROGRAM, DEPARTMENT OF CHILDREN AND FAMILIES, A. C. R. P., 867 So. 2d 1193 (Fla. Dist. Ct. App. 2004)

. . . proceeding, a juvenile “has a right to assert” the psychotherapist/patient privilege pursuant to section 90.503 . . .

BREEDEN, v. F. COOK, M. D. PA. a a d b a, 859 So. 2d 1276 (Fla. Dist. Ct. App. 2003)

. . . the mental or emotional condition of the plaintiff at issue so as to waive the protection of section 90.503 . . .

BYXBEE, v. REYES,, 850 So. 2d 595 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

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

. . . 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 . . .

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

. . . 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 . . .

JACKSON, v. STATE, 833 So. 2d 243 (Fla. Dist. Ct. App. 2002)

. . . The psychotherapist-patient privilege, listed in section 90.503(2), Florida Statutes, has been abrogated . . .

VIVEIROS, v. COOPER,, 832 So. 2d 868 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

CEDARS HEALTHCARE GROUP, LTD. d b a v. M. FREEMAN,, 829 So. 2d 390 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

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

. . . Section 90.503(2), Florida Statutes (2001), provides that confidential communications or records between . . . See § 90.503(4)(a), Fla. . . .

E. PAUKER, M. D. v. OLSON,, 834 So. 2d 198 (Fla. Dist. Ct. App. 2002)

. . . 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). . . .

W. O NEILL, v. C. O NEILL,, 823 So. 2d 837 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

STATE v. FAMIGLIETTI,, 817 So. 2d 901 (Fla. Dist. Ct. App. 2002)

. . . 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). . . .

GUERRIER, v. STATE, 811 So. 2d 852 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

JANE STUDENT v. WILLIAMS,, 206 F.R.D. 306 (S.D. Ala. 2002)

. . . . § 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. . . .

KNOWLES, v. STATE, 800 So. 2d 259 (Fla. Dist. Ct. App. 2001)

. . . The Florida Legislature, by passage of sections 90.502, 90.503, and 90.507, Florida Statutes (1995), . . .

STATE v. FAMIGLIETTI,, 817 So. 2d 915 (Fla. Dist. Ct. App. 2001)

. . . 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 . . .

ATTORNEY AD LITEM FOR D. K. a v. PARENTS OF D. K., 780 So. 2d 301 (Fla. Dist. Ct. App. 2001)

. . . 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 . . .

In AMENDMENTS TO THE FLORIDA EVIDENCE CODE, 782 So. 2d 339 (Fla. 2000)

. . . 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 . . .

PARTNER- BROWN, v. BORNSTEIN, D. P. M., 734 So. 2d 555 (Fla. Dist. Ct. App. 1999)

. . . 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 . . .

BELMONT v. NORTH BROWARD HOSPITAL DISTRICT, d b a, 727 So. 2d 992 (Fla. Dist. Ct. App. 1999)

. . . 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 . . .

WESTMORELAND, v. CARRERO Co- a k a a k a a, 710 So. 2d 650 (Fla. Dist. Ct. App. 1998)

. . . 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 . . .

GREEN, v. ROSS,, 691 So. 2d 542 (Fla. Dist. Ct. App. 1997)

. . . Notwithstanding any other provisions of this section or s. 90.503, where: (1) A patient is engaged in . . .

E. RUSSELL, Jr. v. STARDUST CRUISERS, INC., 690 So. 2d 743 (Fla. Dist. Ct. App. 1997)

. . . Petitioner argued that section 90.503(2), Florida Statutes, prohibits the disclosure of confidential . . . See also § 90.503(4)(c), Fla. Stat. (1995). . . .

UNITED STATES v. HANSEN,, 955 F. Supp. 1225 (D. Mont. 1997)

. . . . § 90.503(3)(d); Haw.Rev.Stat. § 626-1, R. 504.1(c); N.J. R. Ev. Rule 505; Okla. Stat. . . .

STATE v. PINDER,, 678 So. 2d 410 (Fla. Dist. Ct. App. 1996)

. . . Compare s. 90.503(4), F.S., providing that there is no psychotherapist-patient privilege regarding commitment . . .

OLSON, v. BLASCO, Jr., 676 So. 2d 481 (Fla. Dist. Ct. App. 1996)

. . . 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 . . .

JAFFEE, ALLEN, DECEASED v. REDMOND, 518 U.S. 1 (U.S. 1996)

. . . . §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. . . .

M. FRESHWATER, v. FRESHWATER,, 659 So. 2d 1206 (Fla. Dist. Ct. App. 1995)

. . . This ruling violates the psychotherapist-patient privilege, § 90.503, Fla.Stat. (1993), where, as here . . .

HELMICK v. McKINNON,, 657 So. 2d 1279 (Fla. Dist. Ct. App. 1995)

. . . See § 90.503(4)(c), Fla.Stat. (1993); Sykes v. St. . . .

O. NELSON H. v. W. WOMBLE G., 657 So. 2d 1221 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

JAFFEE, Sr. Jr. v. Lu REDMOND,, 51 F.3d 1346 (7th Cir. 1995)

. . . See, e.g., Cal.Evid.Code § 1010 (West 1994); Fla.Stat. ch. 90.503 (1994); Va.Code Ann. § 8.01-400.2 ( . . .

H. A. W. a v. STATE, 652 So. 2d 948 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

R. McKINLAY, v. R. McKINLAY, a k a, 648 So. 2d 806 (Fla. Dist. Ct. App. 1995)

. . . certain analogous statutory privileges, e.g., the psychotherapist-patient privilege set forth in section 90.503 . . .

A. BOYLE, v. L. THEBAUT,, 645 So. 2d 64 (Fla. Dist. Ct. App. 1994)

. . . 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 . . .

ALEXANDER v. HERBERT,, 150 F.R.D. 690 (M.D. Fla. 1993)

. . . . § 90.503 (West 1979 & Supp.1993). . . .

P. DALY, v. A. DALY,, 624 So. 2d 304 (Fla. Dist. Ct. App. 1993)

. . . Section 90.503(4)(c), Florida Statutes (1991), provides that there is no psychotherapist-patient privilege . . .

SYKES, a By SYKES, v. ST. ANDREWS SCHOOL,, 619 So. 2d 467 (Fla. Dist. Ct. App. 1993)

. . . 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 . . .

E. SWIFT, v. F. SWIFT,, 617 So. 2d 834 (Fla. Dist. Ct. App. 1993)

. . . Section 90.503 of the Florida Evidence Code provides for a privilege between patient and psychotherapist . . .

PALM BEACH COUNTY SCHOOL BOARD v. MORRISON,, 621 So. 2d 464 (Fla. Dist. Ct. App. 1993)

. . . 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 . . .

THOMPSON, v. STATE STATON, v. STATE, 615 So. 2d 737 (Fla. Dist. Ct. App. 1993)

. . . 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 . . .

DUGAS, M. v. CITY OF HARAHAN, LOUISIANA, F., 978 F.3d 193 (5th Cir. 1992)

. . . to his good moral character and fitness to perform the responsibilities of an attorney under Section 90.503 . . .

JETT, v. STATE, 605 So. 2d 926 (Fla. Dist. Ct. App. 1992)

. . . 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). . . .

H. J. M. M. D. H. J. M. M. D. P. A. v. B. R. C. R. H. C., 603 So. 2d 1331 (Fla. Dist. Ct. App. 1992)

. . . court is protected from such disclosure by the psychotherapist-patient privilege contained in section 90.503 . . .

J. HORNE, Jr. v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY,, 793 F. Supp. 315 (S.D. Fla. 1992)

. . . . § 90.503 (West 1992). Section 90.-503, however, does not provide a privacy cause of action. . . .

ARIAS, a a a v. URBAN,, 595 So. 2d 230 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

SCHOUW, v. SCHOUW,, 593 So. 2d 1200 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

DUROCHER, v. STATE, 596 So. 2d 997 (Fla. 1992)

. . . . § 90.503, Fla.Stat. (1989). . . .