90.505
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.
(c) The personal representative of a deceased 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
Nussbaumer v. State (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…”
Fernandez v. State (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.”
Woodard v. Jupiter Christian School, Inc. (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.”
Florida Hosp. Waterman, Inc. v. Buster (2008)
“(2006) (providing for husband-wife privilege); § 90.505, Fla. Stat. (2006) (providing for privilege with respect to communications to clergy); § 90.”
Bottoson v. State (1983)
“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 (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,…”
State v. Pinder (1996)
“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 America (1990)
“§ 13-90-107(l)(c) (1990); Fla.Stat. § 90.505 (1989); Ga.Code Ann. § 24-9-22 (Michie 1989); Haw.”
People v. Bragg (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. Secretary, Florida Dept. of Corrections (2009)
“§ 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 (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.”
Deehl v. Knox (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.”
— 90.505(1) — 1 case
— 90.505(1)(a) — 5 cases
Woodard v. Jupiter Christian School, Inc. (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 (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…”
— 90.505(1)(b) — 8 cases
Fernandez v. State (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.”
Nussbaumer v. State (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 School, Inc. (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.”
Monroe v. State (2009)
— 90.505(2) — 5 cases
Woodard v. Jupiter Christian School, Inc. (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.”
Fr. Vincenzo Ronchi v. State (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 (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.”
— 90.505(l)(b) — 2 cases
Elliott v. State (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 v. Avery Topps (2014)
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