Florida Statute 90.5035 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.5035

90.5035 Sexual assault counselor-victim privilege.—

(1) For purposes of this section:

(a) A “rape crisis center” is any public or private agency that offers assistance to victims of sexual assault or sexual battery and their families.

(b) A “sexual assault counselor” is any employee of a rape crisis center whose primary purpose is the rendering of advice, counseling, or assistance to victims of sexual assault or sexual battery.

(c) A “trained volunteer” is a person who volunteers at a rape crisis center, has completed 30 hours of training in assisting victims of sexual violence and related topics provided by the rape crisis center, is supervised by members of the staff of the rape crisis center, and is included on a list of volunteers that is maintained by the rape crisis center.

(d) A “victim” is a person who consults a sexual assault counselor or a trained volunteer for the purpose of securing advice, counseling, or assistance concerning a mental, physical, or emotional condition caused by a sexual assault or sexual battery, an alleged sexual assault or sexual battery, or an attempted sexual assault or sexual battery.

(e) A communication between a sexual assault counselor or trained volunteer and a victim 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 victim in the consultation, examination, or interview.

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

3. Those persons to whom disclosure is reasonably necessary to accomplish the purposes for which the sexual assault counselor or the trained volunteer is consulted.

(2) A victim has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made by the victim to a sexual assault counselor or trained volunteer or any record made in the course of advising, counseling, or assisting the victim. Such confidential communication or record may be disclosed only with the prior written consent of the victim. This privilege includes any advice given by the sexual assault counselor or trained volunteer in the course of that relationship.

(3) The privilege may be claimed by:

(a) The victim or the victim’s attorney on his or her behalf.

(b) A guardian or conservator of the victim.

(d) The sexual assault counselor or trained volunteer, but only on behalf of the victim. The authority of a sexual assault counselor or trained volunteer to claim the privilege is presumed in the absence of evidence to the contrary.

History.—s. 1, ch. 83-284; s. 476, ch. 95-147; s. 1, ch. 2002-246.

F.S. 90.5035 on Google Scholar

F.S. 90.5035 on CourtListener

Amendments to 90.5035

Annotations, Discussions, Cases:

Cases Citing Statute 90.5035

Total Results: 11

Florida Hosp. Waterman, Inc. v. Buster

984 So. 2d 478, 2008 WL 596700

Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1288177

Cited 68 times | Published

(providing for psychotherapist-patient privilege); § 90.5035, Fla. Stat. (2006) (providing for sexual assault

State v. Pinder

678 So. 2d 410, 1996 WL 406715

District Court of Appeal of Florida | Filed: Jul 22, 1996 | Docket: 467818

Cited 20 times | Published

disclosure of communications protected by section 90.5035, Florida Statutes (1995), we grant the writ

Rickey Bernard Roberts v. Harry K. Singletary, Secretary, Florida Department of Corrections

29 F.3d 1474, 1994 U.S. App. LEXIS 21248, 1994 WL 415836

Court of Appeals for the Eleventh Circuit | Filed: Aug 10, 1994 | Docket: 467980

Cited 10 times | Published

her discussions with Rimondi, relying on Fla.Stat. 90.-5035, which grants a sexual assault victim and

State v. Famiglietti

817 So. 2d 901, 2002 WL 879409

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1430195

Cited 9 times | Published

otherwise be immune from disclosure under section 90.5035, Florida Statutes (2001), which creates the

Gerheiser v. Stephens

712 So. 2d 1252, 1998 WL 374857

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 1737417

Cited 9 times | Published

confidential communications or records under section 90.5035 [codifying the sexual assault counselor-victim

State v. Roberson

884 So. 2d 976, 2004 WL 2071196

District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 1683028

Cited 4 times | Published

counselor and a victim made confidential by section 90.5035, Florida Statutes, are subject to an in camera

Katlein v. State

731 So. 2d 87, 1999 WL 187931

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 1733898

Cited 4 times | Published

information is absolutely privileged under section 90.5035, Florida Statutes (1995), because the statute

State v. Avery Topps

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

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 3598

Cited 1 times | Published

502(l)(c)l., 2.), sexual assault counselor-victim (§ 90.5035(l)(e)l., 2., 3.), domestic violence advocate-victim

State v. Famiglietti

817 So. 2d 915, 2001 WL 717652

District Court of Appeal of Florida | Filed: Jun 27, 2001 | Docket: 1429666

Cited 1 times | Published

disclosure of communications protected by section 90.5035, Florida Statutes (1995), the sexual assault

Amendments to the Florida Evidence Code

891 So. 2d 1037, 29 Fla. L. Weekly Supp. 787, 2004 Fla. LEXIS 2244, 2004 WL 2814287

Supreme Court of Florida | Filed: Dec 9, 2004 | Docket: 64835629

Published

Laws of Florida, the Legislature amended section 90.5035, Florida Statutes, to expand the sexual assault

Pinnell v. State

838 So. 2d 596, 2003 Fla. App. LEXIS 1150, 2003 WL 252112

District Court of Appeal of Florida | Filed: Feb 5, 2003 | Docket: 64820949

Published

assault counselor-victim privilege created by section 90.5035, Florida Statutes. That section provides, in