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Florida Statute 90.504 | Lawyer Caselaw & Research
F.S. 90.504 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.504

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
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

F.S. 90.504 on Casetext

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 from cite.case.law:

A. HERNANDEZ, JR. v. STATE A. Jr. v. L., 180 So. 3d 978 (Fla. 2015)

. . . .” § 90.504(1), Fla. Stat. (Emphasis added). . . .

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

. . . missing from the provisions of both the journalist’s privilege (§ 90.5015) and the spousal privilege (§ 90.504 . . .

BOLIN, Jr. v. STATE, 117 So. 3d 728 (Fla. 2013)

. . . Section 90.504 governs the Husband-wife privilege: (1) A spouse has a privilege during and after the . . . conservator of a spouse, to claim the privilege is presumed in the absence of contrary evidence. § 90.504 . . . See § 90.504(1), Fla. Stat. (1985). . . .

KACZMAR, III, v. STATE Of, 104 So. 3d 990 (Fla. 2012)

. . . Section 90.504, Florida Statutes (2007), governs the Husband-wife privilege: (1) A spouse has a privilege . . .

E. LYNCH, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 897 F. Supp. 2d 1277 (M.D. Fla. 2012)

. . . because Petitioner had never intended the letter to constitute a confidential communication: Section 90.504 . . . Stat. § 90.504(1) (2000) (emphasis added). . . .

L. WILLIAMS, v. STATE, 71 So. 3d 196 (Fla. Dist. Ct. App. 2011)

. . . . § 90.504(1), Fla. Stat. . . .

PAGAN, v. STATE v. A., 29 So. 3d 938 (Fla. 2009)

. . . argued that the testimony was inadmissible hearsay and was covered by the marital privilege in section 90.504 . . . See § 90.504, Fla. Stat. (2007). . . . which were intended to be made in confidence between the spouses while they were husband and wife. § 90.504 . . .

BOYD, v. STATE, 17 So. 3d 812 (Fla. Dist. Ct. App. 2009)

. . . Section 90.504(1), Florida Statutes (2009), provides: A spouse has a privilege during and after the marital . . . allowing the testimony because the discussion had been a privileged marital communication under section 90.504 . . .

F. MOSLEY, v. STATE, 46 So. 3d 510 (Fla. 2009)

. . . Section 90.504, Florida Statutes (2008), provides for the spousal privilege: (1) A spouse has a privilege . . . evidence by a defendant-spouse who is one of the spouses between whom the communication was made. § 90.504 . . .

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

. . . .” § 90.504, Fla. Stat. (1999). Either spouse may claim the privilege. See id. . . .

LYNCH, v. STATE v. A., 2 So. 3d 47 (Fla. 2008)

. . . to advise him with regard to the confidential marital-communications privilege codified in section 90.504 . . . Section 90.504(1), Florida Statutes (2000), the subsection codifying the confidential marital-communications . . .

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

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

L. HUMPHREY, DOC v. STATE, 979 So. 2d 283 (Fla. Dist. Ct. App. 2008)

. . . records, arguing that the records were protected from disclosure by the husband-wife privilege, section 90.504 . . . Section 90.504(1) provides: A spouse has a privilege during and after the marital relationship to refuse . . .

HARGROVES, v. R. J. REYNOLDS TOBACCO COMPANY, a, 993 So. 2d 978 (Fla. Dist. Ct. App. 2007)

. . . See § 90.504, Fla. Stat. (2006). Hargroves lodged that objection to R.J. . . .

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). . . .

UNITED STATES v. MONTGOMERY, v. O, 384 F.3d 1050 (9th Cir. 2004)

. . . . § 90.504; Haw.Rev.Stat. § 626-1, Rule 505; Idaho Code § 9-203(1); 725 Ill. Comp. Stat. . . .

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

. . . The petitioners rely on the marital privilege, section 90.504, and the psychotherapist privilege, section . . . It provides in relevant part: Sec 90.504 Husband — wife privilege (1) A spouse has a privilege during . . .

TAYLOR, II, v. STATE, 855 So. 2d 1 (Fla. 2003)

. . . Florida’s marital privilege applies only to communications and is codified in section 90.504, Florida . . .

STATE v. GRADY,, 811 So. 2d 829 (Fla. Dist. Ct. App. 2002)

. . . The privilege is contained in section 90.504, Florida Statutes (2000), which provides the following: . . . See §§ 90.502, 90.504, Fla. Stat. (2000). . . .

WOODEL, v. STATE, 804 So. 2d 316 (Fla. 2001)

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

BOLIN, v. STATE, 793 So. 2d 894 (Fla. 2001)

. . . . § 90.504, Fla. Stat. (1985). . . . . See § 90.504(1), Fla. Stat. (1985). . . .

YOKIE, v. STATE, 773 So. 2d 115 (Fla. Dist. Ct. App. 2000)

. . . Section 90.504, Florida Statutes, provides that “[a] spouse has a privilege during and after the marital . . . Yokie’s conversation with his wife clearly falls within the purview of section 90.504. . . .

In SOUTHERN AIR TRANSPORT, INC. v. SAT, 255 B.R. 706 (Bankr. S.D. Ohio 2000)

. . . . § 90.504 (1999). Without question, any communications between Mr. and Mrs. . . .

JOHNSON, v. STATE, 730 So. 2d 368 (Fla. Dist. Ct. App. 1999)

. . . concluded that the relevant question under both the Fourth Amendment and the husband/wife privilege (ss.90.504 . . .

HANGER ORTHOPEDIC GROUP, INC. v. McMURRAY,, 181 F.R.D. 525 (M.D. Fla. 1998)

. . . Section 90.504 of the Florida Statutes provides, in relevant part, that: (1) A spouse has a privilege . . . Fla.Stat. § 90.504 (emphasis supplied). . . . See 90.504(3)(a)-(e); Jackson, 603 So.2d at 671; see also Smith, 344 So.2d at 918-20; Johnson v. . . . Stat. 90.504; see also Brown v. May, 76 So.2d 652 (Fla.1954). . . . See Fla.Stat. § 90.504; Proffitt v. State of Florida, 315 So.2d 461 (Fla.1975); Gross v. . . .

VALENTINE, v. STATE, 688 So. 2d 313 (Fla. 1996)

. . . If Valentine’s comments and letters to Romero fell within the scope of section 90.504, Florida Statute . . . A communication made under these circumstances is not one which section 90.504 was designed to keep confidential . . . . § 90.504, Fla. Stat. (1993). . . . . § 90.504(3)(b), Fla. Stat. (1993). . . . committed in the course of committing a crime against the person or property of the other spouse. § 90.504 . . .

BOLIN, v. STATE, 650 So. 2d 19 (Fla. 1995)

. . . by defendant’s counsel waived the spousal privilege as to spousal communications afforded by section 90.504 . . .

BELL, v. STATE, 650 So. 2d 1032 (Fla. Dist. Ct. App. 1995)

. . . Bell invoked the marital privilege pursuant to section 90.504(3)(b), Florida Statutes (1991). . . . Therefore, as a victim, it reasoned, he could be called pursuant to the exception in section 90.504(3 . . . Section 90.504(3)(b) provides there is no privilege under this section: In a criminal proceeding in which . . . against the person or property of the other spouse, or the person or properly of a child of either. § 90.504 . . .

BOLIN, v. STATE, 642 So. 2d 540 (Fla. 1994)

. . . The spousal privilege is codified in section 90.504, Florida Statutes (1991), and provides, in pertinent . . .

JACKSON, v. STATE, 603 So. 2d 670 (Fla. Dist. Ct. App. 1992)

. . . allowing appellant’s wife to testify to communications between appellant and her contrary to section 90.504 . . . Section 90.504(1), Florida Statutes provides: A spouse has a privilege during and after the marital relationship . . . There are of course exceptions to the marital privilege, and they are spelled out in the statute. § 90.504 . . . , and had appellant been charged with that crime his wife could have testified against him, section 90.504 . . .

STATE v. KATIBA, T., 502 So. 2d 1274 (Fla. Dist. Ct. App. 1987)

. . . . § 90.504, Fla.Stat. (1985). . . .

STATE OF FLORIDA v. FIRTELL, 13 Fla. Supp. 2d 65 (Broward Cty. Ct. 1985)

. . . of the criminal law, and that there is a husband-wife testimonial privilege, codified under Section 90.504 . . .

KOON, v. STATE, 463 So. 2d 201 (Fla. 1985)

. . . The husband-wife privilege is delineated in section 90.504, Florida Statutes (1981), which provides in . . . testify against appellant, appellant properly asserted the husband-wife privilege pursuant to section 90.504 . . .

K. GROSS H. Co- E. K. v. SECURITY TRUST COMPANY, a n k a N. A. a M., 453 So. 2d 944 (Fla. Dist. Ct. App. 1984)

. . . . § 90.504(1), Fla.Stat. (1983); Hughs’ Florida Evidence Manual, § 136; See also 24 Fla.Jur.2d, Evidence . . .

H. JOHNSON, v. STATE, 451 So. 2d 1024 (Fla. Dist. Ct. App. 1984)

. . . Section 90.504, Florida Statutes (1988), does not except from the husband-wife privilege confidential . . .

STATE v. E. STEWARTSON,, 443 So. 2d 1074 (Fla. Dist. Ct. App. 1984)

. . . The husband-wife privilege statute is found in the Florida Evidence Code, Section 90.504(1), Florida . . .

M. DEEHL, v. F. KNOX, Jr., 414 So. 2d 1089 (Fla. Dist. Ct. App. 1982)

. . . . § 90.501, Fla.Stat. (1979); see also § 90.503 (psychotherapist-patient privilege); § 90.504 (husband-wife . . .

TRAMMEL v. UNITED STATES, 445 U.S. 40 (U.S. 1980)

. . . . §§ 90.501, 90.504 (1979); Ill. Rev. Stat., ch. 38, § 155-1 (1977); Ind. . . .

KERLIN, v. STATE, 352 So. 2d 45 (Fla. 1977)

. . . Section 90.504, Florida Statutes, effective July 1, 1978, provides: “(1) A spouse has a privilege during . . .

SMITH, v. STATE, 344 So. 2d 915 (Fla. Dist. Ct. App. 1977)

. . . Even § 90.504, Fla.Stat. . . .