Florida Statutes

Fla. Stat. § 90.505 (2025)

Privilege with respect to communications to clergy.

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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.

Notes of Decisions

Cited in 21 cases (5 in the last 5 years), 1978–2025 · leading case: Nussbaumer v. State, 882 So. 2d 1067 (Fla. 2d DCA 2004).

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Nussbaumer v. State, 882 So. 2d 1067 (Fla. 2d DCA 2004). · cites it 11× “, an ordained minister, petitions this court for a writ of certiorari to quash two orders of the circuit court that directed him to produce records and answer questions over the objection of clergy communications privilege, section 90.505, Florida Statutes (2003), [1] in a…”

Fernandez v. State, 730 So. 2d 277 (Fla. 1999). · cites it 8× “§ 90.505, Fla. Stat. (1993). Assuming that Hernandez was a member of the clergy to whom appellant went for spiritual advice, we still must determine under section 90.”

Woodard v. Jupiter Christian Sch., Inc., 913 So. 2d 1188 (Fla. 4th DCA 2005). · cites it 9× “They also argue that Bellhorn's status as "chaplain" does not fall within the clergyman privilege provided by section 90.505, Florida Statutes (2003) because the school is not connected with any established church.”

Florida Hosp. Waterman, Inc. v. Buster, 984 So. 2d 478 (Fla. 2008). · cites it 2× “(2006) (providing for husband-wife privilege); § 90.505, Fla. Stat. (2006) (providing for privilege with respect to communications to clergy); § 90.”

Bottoson v. State, 443 So. 2d 962 (Fla. 1983). · cites it 2× “See § 90.505, Fla. Stat. (1981). As for his second argument, we agree that any statement made in connection with a plea or an offer to plead is inadmissible.”

Fr. Vincenzo Ronchi v. State, 248 So. 3d 1265 (Fla. 5th DCA 2018). · cites it 9× “Ronchi further alleged that any such communication would be privileged under section 90.505, Florida Statutes (2017).3 Ronchi contended that the Catholic Church forbids a priest from disclosing any aspect of a penitent’s communication during the Sacrament of Reconciliation and,…”

State v. Pinder, 678 So. 2d 410 (Fla. 4th DCA 1996). · cites it 2× “on Judiciary-Civil, SB 568 (1983) Staff Analysis 2 (rev. April 27, 1983)(available at Fla.”

In Re Grand Jury Investigation. Appeal of United States of Am., 918 F.2d 374 (3rd Cir. 1990). “§ 13-90-107(l)(c) (1990); Fla.Stat. § 90.505 (1989); Ga.Code Ann. § 24-9-22 (Michie 1989); Haw.”

People v. Bragg, 824 N.W.2d 170 (Mich. Ct. App. 2012). “505; (Georgia) Ga Code Ann 24-9-22; (Hawaii) Hawaii R Evid 506; (Idaho) Idaho Code Ann 9-203; Idaho R Evid 505; (Illinois) 735 111 Comp Stat 5/8-803; (Indiana) Ind Code 34-46-3-1; (Iowa) Iowa Code 62.10(1); (Kansas) Kan Stat Ann 60-429; (Kentucky) Ky R Evid 505; (Louisiana) La…”

Nelson v. Sec'y, Florida Dept. of Corr., 610 F. Supp. 2d 1323 (M.D. Fla. 2009). · cites it 2× “§ 90.505, Fla. Stat. states: 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…”

Elliott v. State, 49 So. 3d 795 (Fla. 1st DCA 2010). · cites it 4× “Pursuant to section 90.505(2), Florida Statutes (2007), “[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.”

Deehl v. Knox, 414 So. 2d 1089 (Fla. 3d DCA 1982). “504 (husband-wife privilege); § 90.505 (clergyman-penitent privilege). It is inconceivable that the legislature intended by one statute to make a misdemeanor what it has specifically authorized in another.”

Show all 21 citing cases →

— 90.505(1) — 1 case

Scott Mcdermott Vs State of Florida (Fla. 5th DCA 2023).

— 90.505(1)(a) — 5 cases

Woodard v. Jupiter Christian Sch., Inc., 913 So. 2d 1188 (Fla. 4th DCA 2005). “They also argue that Bellhorn's status as "chaplain" does not fall within the clergyman privilege provided by section 90.505, Florida Statutes (2003) because the school is not connected with any established church.”

Nussbaumer v. State, 882 So. 2d 1067 (Fla. 2d DCA 2004). “, an ordained minister, petitions this court for a writ of certiorari to quash two orders of the circuit court that directed him to produce records and answer questions over the objection of clergy communications privilege, section 90.505, Florida Statutes (2003), [1] in a…”

Woodard v. Jupiter Christian Sch., 972 So. 2d 170 (Fla. 2007).

Guillermo Cuevas v. State of Florida (Fla. 4th DCA 2021).

State of Florida v. Juan Martin Gonzalez (Fla. 2d DCA 2024).

— 90.505(1)(b) — 8 cases

Fernandez v. State, 730 So. 2d 277 (Fla. 1999). “§ 90.505, Fla. Stat. (1993). Assuming that Hernandez was a member of the clergy to whom appellant went for spiritual advice, we still must determine under section 90.”

Monroe v. State, 14 So. 3d 1205 (Fla. 4th DCA 2009).

Guillermo Cuevas v. State of Florida (Fla. 4th DCA 2021).

— 90.505(2) — 5 cases

Fr. Vincenzo Ronchi v. State, 248 So. 3d 1265 (Fla. 5th DCA 2018). “Ronchi further alleged that any such communication would be privileged under section 90.505, Florida Statutes (2017).3 Ronchi contended that the Catholic Church forbids a priest from disclosing any aspect of a penitent’s communication during the Sacrament of Reconciliation and,…”

Elliott v. State, 49 So. 3d 795 (Fla. 1st DCA 2010). “Pursuant to section 90.505(2), Florida Statutes (2007), “[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.”

State of Florida v. Juan Martin Gonzalez (Fla. 2d DCA 2024).

Guillermo Cuevas v. State of Florida (Fla. 4th DCA 2021).

— 90.505(l)(b) — 2 cases

State v. Avery Topps, 142 So. 3d 978 (Fla. 4th DCA 2014).

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