Florida Statute 90.505 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

View Entire Chapter

F.S. 90.505

90.505 Privilege with respect to communications to clergy.—

(1) For the purposes of this section:

(a) A “member of the clergy” is a priest, rabbi, practitioner of Christian Science, or minister of any religious organization or denomination usually referred to as a church, or an individual reasonably believed so to be by the person consulting him or her.

(b) A communication between a member of the clergy and a person is “confidential” if made privately for the purpose of seeking spiritual counsel and advice from the member of the clergy in the usual course of his or her practice or discipline and not intended for further disclosure except to other persons present in furtherance of the communication.

(2) A person has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication by the person to a member of the clergy in his or her capacity as spiritual adviser.

(3) The privilege may be claimed by:

(a) The person.

(b) The guardian or conservator of a person.

(d) The member of the clergy, on behalf of the person. The member of the clergy’s authority to do so is presumed in the absence of evidence to the contrary.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; ss. 11, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 477, ch. 95-147.

F.S. 90.505 on Google Scholar

F.S. 90.505 on Casetext

Amendments to 90.505

Arrestable Offenses / Crimes under Fla. Stat. 90.505

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.505.

Annotations, Discussions, Cases:

Cases Citing Statute 90.505

Total Results: 20

STATE OF FLORIDA v. JUAN MARTIN GONZALEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-31T00:00:00-08:00

Snippet: clergy-penitent privilege set forth in section 90.505(2), Florida Statutes (2020), and explained in Nussbaumer… clergy-penitent privilege set forth in section 90.505(2). After the hearing, the trial court granted …of the clergy-penitent privilege. Section 90.505(2) provides that "[a] person has a privilege…be by the person consulting him or her." § 90.505(1)(a). In order for a communication to be deemed… 5 communication." § 90.505(1)(b); see also Nussbaumer, 882 So. 2d at 1074

SCOTT MCDERMOTT vs STATE OF FLORIDA

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

Snippet: privilege. Appellant’s argument fails. Section 90.505, Florida Statutes, provides in part: …in his or her capacity as spiritual adviser. § 90.505(1)-(2), Fla. Stat. (2020). Thus, under this statute

GUILLERMO CUEVAS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-01-05T23:53:00-08:00

Snippet: State, 730 So. 2d 277, 282 (Fla. 1999). Section 90.505(2), Florida Statutes (2018), provides, “[a] person…present in furtherance of the communication.” Id. § 90.505(1)(b). This statute creates a four-part…present in furtherance of the communication.” § 90.505(1)(b), Fla. Stat. Here, the conversation with…present in furtherance of the communication.” § 90.505(1)(b), Fla. Stat. We disagree. The pastor testified…necessary to the furtherance of the communication. § 90.505, Fla. 7

Fr. Vincenzo Ronchi v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-11T00:00:00-07:00

Citation: 248 So. 3d 1265

Snippet: two statutes—sections 90.505 and 90.507, Florida Statutes (2017). Section 90.505(2) and (3) recognizes…two statutes—sections 90.505 and 90.507, Florida Statutes (2017). Section 90.505(2) and (3) recognizes…Ronchi were no longer privileged under section 90.505. Finally, the State argued that it had a compelling…communication would be privileged under section 90.505, Florida Statutes (2017).3 Ronchi contended that…its ruling under this subsection. 3 Section 90.505(2), Florida Statutes (2017) provides that a person

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: advocate-victim (§ 90.5036(l)(d)l„ 2.), clergy (§ 90.505(l)(b)), and accountant-client (§ 90.5055(l)(c)l

Elliott v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-29T00:00:00-07:00

Citation: 49 So. 3d 795, 2010 Fla. App. LEXIS 16530, 2010 WL 4273186

Snippet: clergy communications privilege. Pursuant to section 90.505(2), Florida Statutes (2007), "[a] person has…present in furtherance of the communication." § 90.505(1)(b), Fla. Stat. (2007); Nussbaumer v. State,

Monroe v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-24T00:00:00-07:00

Citation: 14 So. 3d 1205, 2009 Fla. App. LEXIS 8520, 2009 WL 1766594

Snippet: . State, 873 So.2d 270, 279 (Fla.2004). Section 90.505(1)(b) explicitly requires that the communication

Florida Hosp. Waterman, Inc. v. Buster

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

Citation: 984 So. 2d 478

Snippet: 2006) (providing for husband-wife privilege); § 90.505, Fla. Stat. (2006) (providing for privilege with

Woodard v. JUPITER CHRISTIAN SCHOOL

Court: Fla. | Date Filed: 2007-12-05T23:53:00-08:00

Citation: 972 So. 2d 170

Snippet: breach of the clergyman privilege under section 90.505(1)(a), Florida Statutes (2004). I disagree with… the evidentiary privilege contained in section 90.505(1)(a). However, I believe that Woodard has alleged

Doherty v. JOHN DOE NO. 22

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-23T00:53:00-07:00

Citation: 957 So. 2d 1267

Snippet: attorney and client or the privilege provided in s. 90.505, as such communication relates both to the competency

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, client

Woodard v. Jupiter Christian School, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-10-12T00:53:00-07:00

Citation: 913 So. 2d 1188

Snippet: within the clergyman privilege provided by section 90.505, Florida Statutes (2003) because the school is …under which the plaintiff seeks recovery. Section 90.505(1)(a), Florida Statutes (2004) defines a "…in furtherance of the communication." See § 90.505(1)(b), Fla. Stat. (2003). This statute creates …clergy" for the purpose of applying section 90.505(1)(a). In my judgment, the benefit of the statute…patient and the psychotherapist ....") with § 90.505(2), Fla. Stat. (2005) ("A person has a privilege

Nussbaumer v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-08-27T00:00:00-07:00

Citation: 882 So. 2d 1067

Snippet: objection of clergy communications privilege, section 90.505, Florida Statutes (2003),[1] in a criminal prosecution… to the clergyman-penitent privilege ([section] 90.505). Based on these findings, the circuit court denied…attorney and client or the privilege provided in s. 90.505, as such communication relates both to the competency…privilege recognized in section 90.503. SECTION 90.505 AND ITS FOUR REQUIREMENTS Florida's version…communications privilege is set forth in section 90.505, which provides as follows: (1) For the purposes

Hill v. State

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

Citation: 846 So. 2d 1208

Snippet: attorney and client or the privilege provided in s. 90.505 ... shall not apply to any communication involving

Fernandez v. State

Court: Fla. | Date Filed: 1999-02-25T00:00:00-08:00

Citation: 730 So. 2d 277

Snippet: under the clergy communications privilege, section 90.505, Florida Statutes (1993), because the witnesses…purpose of seeking spiritual advice are privileged. § 90.505, Fla. Stat. (1993). Assuming that Hernandez was…spiritual advice, we still must determine under section 90.505 whether appellant's communication to him was…appellant "[n]ot so privately." Section 90.505 explicitly defines confidential communications …communications that are "made privately." § 90.505(1)(b), Fla. Stat. (1993). Thus, we find no abuse

State v. Pinder

Court: Fla. Dist. Ct. App. | Date Filed: 1996-07-22T00:53:00-07:00

Citation: 678 So. 2d 410

Snippet: contain no exceptions to their application. See § 90.505, Fla. Stat. (1995). As analyzed in Ritchie, neither

INTERN. SHIPS SERVICES v. Canales

Court: Fla. Dist. Ct. App. | Date Filed: 1994-05-24T00:53:00-07:00

Citation: 639 So. 2d 74

Snippet: 1993) (quoting Odeco, Inc. v. Cornish, No. CIV.A. 90-0505 & 90-1877, 1991 WL 148746 (E.D.La. July

Smith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1992-10-09T00:53:00-07:00

Citation: 605 So. 2d 1002

Snippet: cocaine in each of Case Nos. 90-454, 90-455, and 90-505. He pled nolo contendere in exchange for sentencing… 1990, he was sentenced in Case Nos. 90-454 and 90-505 to 2 years of community control plus 13 years probation…control was reinstated" in Case Nos. 90-455 and 90-505 (although community control had not originally …term of community control reimposed in Case No. 90-505, is 5 1/2 years. Thus, the total sentence exceeds

Jett v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1992-09-25T00:53:00-07:00

Citation: 605 So. 2d 926

Snippet: attorney and client or the privilege provided in s. 90.505, as such communication relates both to the competency

West v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-07-24T00:53:00-07:00

Citation: 583 So. 2d 394

Snippet: Appellant, v. STATE of Florida, Appellee. No. 90-00505. District Court of Appeal of Florida, Second District…opinion. LEHAN and ALTENBERND, JJ., concur. 90-00505 District Court of Appeal of Florida fladistctapp