Florida Statute 90.505 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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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: District Court of Appeal of Florida | Date Filed: 2024-01-31

Snippet: clergy-penitent privilege set forth in section 90.505(2), Florida Statutes (2020), and explained in Nussbaumer

SCOTT MCDERMOTT vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-05-12

Snippet: privilege. Appellant’s argument fails. Section 90.505, Florida Statutes, provides in part:

GUILLERMO CUEVAS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-01-06

Snippet: State, 730 So. 2d 277, 282 (Fla. 1999). Section 90.505(2), Florida Statutes (2018), provides, “[a] person

Fr. Vincenzo Ronchi v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-06-11

Citation: 248 So. 3d 1265

Snippet: Ronchi were no longer privileged under section 90.505. Finally, the State argued that it had a compelling

State v. Avery Topps

Court: District Court of Appeal of Florida | Date Filed: 2014-07-30

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: District Court of Appeal of Florida | Date Filed: 2010-10-29

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 a

Monroe v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-06-24

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: Supreme Court of Florida | Date Filed: 2008-03-06

Citation: 984 So. 2d 478, 2008 WL 596700

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

Woodard v. JUPITER CHRISTIAN SCHOOL

Court: Supreme Court of Florida | Date Filed: 2007-12-06

Citation: 972 So. 2d 170, 32 Fla. L. Weekly Supp. 788, 2007 Fla. LEXIS 2269, 2007 WL 4258366

Snippet: breach of the clergyman privilege under section 90.505(1)(a), Florida Statutes (2004). I disagree with

Doherty v. JOHN DOE NO. 22

Court: District Court of Appeal of Florida | Date Filed: 2007-05-23

Citation: 957 So. 2d 1267, 2007 Fla. App. LEXIS 7972, 2007 WL 1486106

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

Segarra v. Segarra

Court: District Court of Appeal of Florida | Date Filed: 2006-06-28

Citation: 932 So. 2d 1159, 2006 WL 1751820

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: District Court of Appeal of Florida | Date Filed: 2005-10-12

Citation: 913 So. 2d 1188, 2005 WL 2508733

Snippet: within the clergyman privilege provided by section 90.505, Florida Statutes (2003) because the school is

Nussbaumer v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-08-27

Citation: 882 So. 2d 1067, 2004 WL 1905897

Snippet: objection of clergy communications privilege, section 90.505, Florida Statutes (2003),[1] in a criminal prosecution

Hill v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-06-06

Citation: 846 So. 2d 1208, 2003 WL 21294021

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

Fernandez v. State

Court: Supreme Court of Florida | Date Filed: 1999-02-25

Citation: 730 So. 2d 277, 1999 WL 92234

Snippet: under the clergy communications privilege, section 90.505, Florida Statutes (1993), because the witnesses

State v. Pinder

Court: District Court of Appeal of Florida | Date Filed: 1996-07-22

Citation: 678 So. 2d 410, 1996 WL 406715

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

INTERN. SHIPS SERVICES v. Canales

Court: District Court of Appeal of Florida | Date Filed: 1994-05-24

Citation: 639 So. 2d 74, 1994 WL 201343

Snippet: 1993) (quoting Odeco, Inc. v. Cornish, No. CIV.A. 90-0505 & 90-1877, 1991 WL 148746 (E.D.La. July 22, 1991))

Smith v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-10-09

Citation: 605 So. 2d 1002, 1992 WL 277275

Snippet: cocaine in each of Case Nos. 90-454, 90-455, and 90-505. He pled nolo contendere in exchange for sentencing

Jett v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-09-25

Citation: 605 So. 2d 926, 1992 WL 235341

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

West v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-07-24

Citation: 583 So. 2d 394, 1991 WL 136867

Snippet: Appellant, v. STATE of Florida, Appellee. No. 90-00505. District Court of Appeal of Florida, Second District