Florida Statute 90.504 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 90.504

Annotations, Discussions, Cases:

Cases Citing Statute 90.504

Total Results: 36

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

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

Taylor v. State

855 So. 2d 1, 2003 WL 21283161

Supreme Court of Florida | Filed: Jun 5, 2003 | Docket: 1752466

Cited 66 times | Published

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

Floyd v. State

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

Supreme Court of Florida | Filed: Jun 4, 2009 | Docket: 2531313

Cited 23 times | Published

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

Mosley v. State

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

Supreme Court of Florida | Filed: Jul 16, 2009 | Docket: 1928355

Cited 20 times | Published

say that he was home all night on April 22. Section 90.504, Florida Statutes (2008), provides for the

Woodel v. State

804 So. 2d 316, 2001 WL 1628473

Supreme Court of Florida | Filed: Dec 20, 2001 | Docket: 40

Cited 19 times | Published

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

Valentine v. State

688 So. 2d 313, 1996 WL 726873

Supreme Court of Florida | Filed: Dec 19, 1996 | Docket: 443913

Cited 16 times | Published

the spouses while they were husband and wife. § 90.504, Fla. Stat. (1993). An exception to the privilege

Koon v. State

463 So. 2d 201, 10 Fla. L. Weekly 49

Supreme Court of Florida | Filed: Jan 10, 1985 | Docket: 2572962

Cited 12 times | Published

The husband-wife privilege is delineated in section 90.504, Florida Statutes (1981), which provides in

Smith v. State

344 So. 2d 915

District Court of Appeal of Florida | Filed: Apr 6, 1977 | Docket: 474660

Cited 11 times | Published

202 So.2d 582 (Fla. 1st DCA 1967). [2] Even § 90.504, Fla. Stat. (Supp. 1976), a part of the newly

Pagan v. State

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

Supreme Court of Florida | Filed: Oct 1, 2009 | Docket: 1134893

Cited 9 times | Published

and was covered by the marital privilege in section 90.504, Florida Statutes.16 Keith had invoked the

Bolin v. State

793 So. 2d 894, 2001 WL 788121

Supreme Court of Florida | Filed: Jul 13, 2001 | Docket: 1678069

Cited 9 times | Published

in result only. QUINCE, J., recused. NOTES [1] § 90.504, Fla. Stat. (1985). [2] At the time of Coby's

Lynch v. State

2 So. 3d 47, 2008 WL 4809783

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1643648

Cited 8 times | Published

marital-communications privilege codified in section 90.504, Florida Statutes (2000). Lynch claims that

Kerlin v. State

352 So. 2d 45

Supreme Court of Florida | Filed: Jun 30, 1977 | Docket: 1757599

Cited 8 times | Published

privilege recognized in Florida since 1889. Section 90.504, Florida Statutes, effective July 1, 1978,

Jackson v. State

603 So. 2d 670, 1992 WL 191308

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 68599

Cited 7 times | Published

communications between appellant and her contrary to section 90.504, Florida Statutes (1989). Appellant's wife

Boyd v. State

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

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1644903

Cited 6 times | Published

regarding the conversation over defense objection. Section 90.504(1), Florida Statutes (2009), provides: A spouse

Bolin v. State

650 So. 2d 19, 1995 WL 48438

Supreme Court of Florida | Filed: Feb 9, 1995 | Docket: 466970

Cited 6 times | Published

privilege as to spousal communications afforded by section 90.504, Florida Statutes (1991). The trial court in

Bolin v. State

642 So. 2d 540, 1994 WL 137860

Supreme Court of Florida | Filed: Apr 21, 1994 | Docket: 1529433

Cited 6 times | Published

Bolin.[1] The spousal privilege is codified in section 90.504, Florida Statutes (1991), and provides, in

Deehl v. Knox

414 So. 2d 1089

District Court of Appeal of Florida | Filed: May 11, 1982 | Docket: 1358644

Cited 6 times | Published

§ 90.503 (psychotherapist-patient privilege); § 90.504 (husband-wife privilege); § 90.505 (clergyman-penitent

Hill v. State

846 So. 2d 1208, 2003 WL 21294021

District Court of Appeal of Florida | Filed: Jun 6, 2003 | Docket: 1301644

Cited 4 times | Published

petitioners rely on the marital privilege, section 90.504, and the psychotherapist privilege, section

Bolin v. State

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

Supreme Court of Florida | Filed: Feb 21, 2013 | Docket: 60232771

Cited 3 times | Published

spousal privilege. This claim is without merit. Section 90.504 governs the Husband-wife privilege: (1) A spouse

Kaczmar v. State

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

Supreme Court of Florida | Filed: Oct 4, 2012 | Docket: 60227746

Cited 3 times | Published

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

Johnson v. State

451 So. 2d 1024

District Court of Appeal of Florida | Filed: Jun 21, 1984 | Docket: 1483035

Cited 3 times | Published

contrary to Florida's statutory and case law.[1] Section 90.504, Florida Statutes (1983), does not except from

Yokie v. State

773 So. 2d 115, 2000 WL 1853985

District Court of Appeal of Florida | Filed: Dec 20, 2000 | Docket: 1687605

Cited 2 times | Published

it was a private, privileged conversation. Section 90.504, Florida Statutes, provides that "[a] spouse

Hanger Orthopedic Group, Inc. v. McMurray

181 F.R.D. 525, 1998 U.S. Dist. LEXIS 21686, 1998 WL 480845

District Court, M.D. Florida | Filed: Jan 26, 1998 | Docket: 66319029

Cited 2 times | Published

a statutory exception to the general rule. Section 90.504 of the Florida Statutes provides, in relevant

Gross v. SECURITY TRUST COMPANY

453 So. 2d 944

District Court of Appeal of Florida | Filed: Aug 15, 1984 | Docket: 1651267

Cited 2 times | Published

privileged only if intended to be made in confidence. § 90.504(1), Fla. Stat. (1983); Hughs' Florida Evidence

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

180 So. 3d 978, 2015 WL 5445655

Supreme Court of Florida | Filed: Sep 17, 2015 | Docket: 2816844

Cited 1 times | Published

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

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

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

State v. Grady

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

District Court of Appeal of Florida | Filed: Mar 22, 2002 | Docket: 64813528

Cited 1 times | Published

was improper. The privilege is contained in section 90.504, Florida Statutes (2000), which provides the

Bell v. State

650 So. 2d 1032, 1995 WL 39859

District Court of Appeal of Florida | Filed: Feb 3, 1995 | Docket: 1345587

Cited 1 times | Published

Bell invoked the marital privilege pursuant to section 90.504(3)(b), Florida Statutes (1991). The trial judge

State v. Katiba

502 So. 2d 1274, 1987 Fla. App. LEXIS 6309, 12 Fla. L. Weekly 273

District Court of Appeal of Florida | Filed: Jan 15, 1987 | Docket: 64625247

Cited 1 times | Published

on the sole ground of inter-spousal immunity. § 90.504, Fla.Stat. (1985). Whether or not search and seizure

SCOTT MCDERMOTT vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 12, 2023 | Docket: 66799567

Published

B. Section 90.504, Florida Statutes, the husband-wife privilege

Lynch v. Secretary, Department of Corrections

897 F. Supp. 2d 1277, 2012 WL 4377812, 2012 U.S. Dist. LEXIS 136981

District Court, M.D. Florida | Filed: Sep 25, 2012 | Docket: 65985498

Published

to constitute a confidential communication: Section 90.504(1), Florida Statutes (2000), the subsection

Williams v. State

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

District Court of Appeal of Florida | Filed: Sep 30, 2011 | Docket: 2355998

Published

ORFINGER, C.J. and SAWAYA, J., concur. NOTES [1] § 90.504(1), Fla. Stat.

Humphrey v. State

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

District Court of Appeal of Florida | Filed: Feb 22, 2008 | Docket: 64854593

Published

from disclosure by the husband-wife privilege, section 90.504, Florida Statutes (2003). After a hearing,

Hargroves v. R.J. Reynolds Tobacco Co.

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

District Court of Appeal of Florida | Filed: Sep 28, 2007 | Docket: 64856307

Published

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

Hargroves v. R.J. Reynolds Tobacco Co.

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

District Court of Appeal of Florida | Filed: Sep 28, 2007 | Docket: 64856307

Published

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

State v. Stewartson

443 So. 2d 1074, 1984 Fla. App. LEXIS 11400

District Court of Appeal of Florida | Filed: Jan 19, 1984 | Docket: 64602166

Published

statute is found in the Florida Evidence Code, Section 90.504(1), Florida Statutes (1981): A spouse has a