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Florida Statute 90.5036 - Full Text and Legal Analysis
Florida Statute 90.5036 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.5036
90.5036 Domestic violence advocate-victim privilege.
(1) For purposes of this section:
(a) A “domestic violence center” is any public or private agency that offers assistance to victims of domestic violence, as defined in s. 741.28, and their families.
(b) A “domestic violence advocate” means any employee or volunteer who has 30 hours of training in assisting victims of domestic violence and is an employee of or volunteer for a program for victims of domestic violence whose primary purpose is the rendering of advice, counseling, or assistance to victims of domestic violence.
(c) A “victim” is a person who consults a domestic violence advocate for the purpose of securing advice, counseling, or assistance concerning a mental, physical, or emotional condition caused by an act of domestic violence, an alleged act of domestic violence, or an attempted act of domestic violence.
(d) A communication between a domestic violence advocate and a victim is “confidential” if it relates to the incident of domestic violence for which the victim is seeking assistance and 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, assessment, or interview.
2. Those persons to whom disclosure is reasonably necessary to accomplish the purpose for which the domestic violence advocate 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 domestic violence advocate or any record made in the course of advising, counseling, or assisting the victim. The privilege applies to confidential communications made between the victim and the domestic violence advocate and to records of those communications only if the advocate is registered under s. 39.905 at the time the communication is made. This privilege includes any advice given by the domestic violence advocate in the course of that relationship.
(3) The privilege may be claimed by:
(a) The victim or the victim’s attorney on behalf of the victim.
(b) A guardian or conservator of the victim.
(c) The personal representative of a deceased victim.
(d) The domestic violence advocate, but only on behalf of the victim. The authority of a domestic violence advocate to claim the privilege is presumed in the absence of evidence to the contrary.
History.s. 7, ch. 95-187; s. 127, ch. 98-403.

F.S. 90.5036 on Google Scholar

F.S. 90.5036 on CourtListener

Amendments to 90.5036


Annotations, Discussions, Cases:

Cases Citing Statute 90.5036

Total Results: 3

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

for sexual assault counselor-victim privilege); § 90.5036, Fla. Stat. (2006) (providing for domestic violence

In Re Amendments to Fla. Evidence Code

782 So. 2d 339, 25 Fla. L. Weekly Supp. 909, 2000 Fla. LEXIS 2043, 2000 WL 1587794

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 456391

Cited 14 times | Published

section 127 (changing a statutory reference in section 90.5036, Florida Statutes, Domestic violence advocate-victim

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

2., 3.), domestic violence advocate-victim (§ 90.5036(l)(d)l„ 2.), clergy (§ 90.505(l)(b)), and accountant-client