Florida Statute 90.504 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.504

90.504 Husband-wife privilege.—

(1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife.

(2) The privilege may be claimed by either spouse or by the guardian or conservator of a spouse. The authority of a spouse, or guardian or conservator of a spouse, to claim the privilege is presumed in the absence of contrary evidence.

(3) There is no privilege under this section:

(a) In a proceeding brought by or on behalf of one spouse against the other spouse.

(b) In a criminal proceeding in which one spouse is charged with a crime committed at any time against the person or property of the other spouse, or the person or property of a child of either.

(c) In a criminal proceeding in which the communication is offered in evidence by a defendant-spouse who is one of the spouses between whom the communication was made.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 10, 22, ch. 78-361; ss. 1, 2, ch. 78-379.

F.S. 90.504 on Google Scholar

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Amendments to 90.504

Arrestable Offenses / Crimes under Fla. Stat. 90.504

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.504.

Annotations, Discussions, Cases:

Cases Citing Statute 90.504

Total Results: 20

SCOTT MCDERMOTT vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-12T00:00:00-07:00

Snippet: B. Section 90.504, Florida Statutes, the husband-wife privilege statute… between whom the communication was made. § 90.504, Fla. Stat. (2020) (emphasis added). The…wife—there is no privilege as expressly stated by 90.504(3)(b), Florida Statutes. See Hill, 846 So. 2d

& SC13-2330 Michael A. Hernandez, Jr. v. State of Florida and Michael A. Hernandez, Jr. v. Julie L. Jones, etc.

Court: Fla. | Date Filed: 2015-09-17T00:00:00-07:00

Citation: 180 So. 3d 978

Snippet: spouses while they were husband and wife.” § 90.504(1), Fla. Stat. (Emphasis added). In the postconviction

State v. Avery Topps

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-30T00:00:00-07:00

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

Snippet: privilege (§ 90.5015) and the spousal privilege (§ 90.504). 3 . In analyzing the breadth of

Bolin v. State

Court: Fla. | Date Filed: 2013-02-21T00:00:00-08:00

Citation: 117 So. 3d 728, 38 Fla. L. Weekly Supp. 453, 2013 Fla. LEXIS 271, 2013 WL 627146

Snippet: privilege. This claim is without merit. Section 90.504 governs the Husband-wife privilege: (1) A spouse…presumed in the absence of contrary evidence. § 90.504, Fla. Stat. (1985). In Kerlin, 352 So.2d at 51,…only applies to confidential communications. See § 90.504(1), Fla. Stat. (1985). Therefore, while Coby’s

Kaczmar v. State

Court: Fla. | Date Filed: 2012-10-04T00:00:00-07:00

Citation: 104 So. 3d 990, 2012 WL 4665829, 2012 Fla. LEXIS 1922

Snippet: trial because her testimony was privileged. Section 90.504, Florida Statutes (2007), governs the Husband-wife

Williams v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-30T00:00:00-07:00

Citation: 71 So. 3d 196, 2011 Fla. App. LEXIS 15424, 2011 WL 4645600

Snippet: ORFINGER, C.J. and SAWAYA, J., concur. NOTES [1] § 90.504(1), Fla. Stat. 5D09-2735 District Court

Pagan v. State

Court: Fla. | Date Filed: 2009-10-01T00:00:00-07:00

Citation: 29 So. 3d 938, 34 Fla. L. Weekly Supp. 561, 2009 Fla. LEXIS 1665, 2009 WL 3126337

Snippet: was covered by the marital privilege in section 90.504, Florida Statutes.16 Keith had invoked the marital… spouses while they are husband and wife. See § 90.504, Fla. Stat. (2007). The privilege continues after…the spouses while they were husband and wife. § 90.504(1), Fla. Stat. (2007). 15 February 2010 SC06

Boyd v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-19T00:00:00-07:00

Citation: 17 So. 3d 812, 2009 Fla. App. LEXIS 11583, 2009 WL 2517059

Snippet: the conversation over defense objection. Section 90.504(1), Florida Statutes (2009), provides: A spouse… privileged marital communication under section 90.504 and the privilege had not been waived. Id. The

Mosley v. State

Court: Fla. | Date Filed: 2009-07-16T00:00:00-07:00

Citation: 46 So. 3d 510, 2009 Fla. LEXIS 1122, 2009 WL 2045387

Snippet: that he was home all night on April 22. Section 90.504, Florida Statutes (2008), provides for the spousal…spouses between whom the communication was made. § 90.504, Fla. Stat. (2008). This privilege can be waived

Floyd v. State

Court: Fla. | Date Filed: 2009-06-04T00:00:00-07:00

Citation: 18 So. 3d 432, 34 Fla. L. Weekly Supp. 359, 2009 Fla. LEXIS 860, 2009 WL 1544273

Snippet: spouses while they were husband and wife." § 90.504, Fla. Stat. (1999). Either spouse may claim the

Lynch v. State

Court: Fla. | Date Filed: 2009-01-30T00:00:00-08:00

Citation: 2 So. 3d 47, 2008 WL 4809783

Snippet: marital-communications privilege codified in section 90.504, Florida Statutes (2000). Lynch claims that had…constitute a confidential communication? Section 90.504(1), Florida Statutes (2000), the subsection codifying

Florida Hosp. Waterman, Inc. v. Buster

Court: Fla. | Date Filed: 2008-03-06T00:00:00-08:00

Citation: 984 So. 2d 478

Snippet: domestic violence advocate-victim privilege); § 90.504, Fla. Stat. (2006) (providing for husband-wife

Humphrey v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-02-22T00:00:00-08:00

Citation: 979 So. 2d 283, 2008 Fla. App. LEXIS 2439, 2008 WL 465583

Snippet: disclosure by the husband-wife privilege, section 90.504, Florida Statutes (2003). After a hearing, the …suppress. We affirm the trial court’s order. Section 90.504(1) provides: *285A spouse has a privilege during

Hargroves v. R.J. Reynolds Tobacco Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-28T00:00:00-07:00

Citation: 993 So. 2d 978, 2007 Fla. App. LEXIS 15222, 2007 WL 2808231

Snippet: objection based on the marital privilege. See § 90.504, Fla. Stat. (2006). Hargroves lodged that objection

Segarra v. Segarra

Court: Fla. Dist. Ct. App. | Date Filed: 2006-06-28T00:53:00-07:00

Citation: 932 So. 2d 1159

Snippet: accountant-client privilege. See §§ 90.502, 90.503, 90.504, 90.505, 90.5055, Fla. Stat. (2004). The patient

Glasco v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-11-17T23:53:00-08:00

Citation: 914 So. 2d 512

Snippet: Hernando County Fifth Judicial Circuit Court Case No. 90-504-CF. The Clerk of this Court is directed not to

Hill v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-06-06T00:00:00-07:00

Citation: 846 So. 2d 1208

Snippet: petitioners rely on the marital privilege, section 90.504, and the psychotherapist privilege, section 90.503…privilege.[6] It provides in relevant part: Sec 90.504 Husbandwife privilege (1) A spouse has a privilege

Taylor v. State

Court: Fla. | Date Filed: 2003-06-05T00:53:00-07:00

Citation: 855 So. 2d 1

Snippet: only to communications and is codified in section 90.504, Florida Statutes (1999), which provides in relevant

State v. Grady

Court: Fla. Dist. Ct. App. | Date Filed: 2002-03-22T00:00:00-08:00

Citation: 811 So. 2d 829, 2002 Fla. App. LEXIS 3733, 2002 WL 440408

Snippet: improper. The privilege is contained in section 90.504, Florida Statutes (2000), which provides the following…to be disclosed to third persons. See §§ 90.502, 90.504, Fla. Stat. (2000). Neither of the privileges,

Woodel v. State

Court: Fla. | Date Filed: 2001-12-19T23:53:00-08:00

Citation: 804 So. 2d 316

Snippet: communication. The spousal privilege, codified in section 90.504, Florida Statutes (1995), provides in pertinent