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Florida Statute 90.5055 - Full Text and Legal Analysis
Florida Statute 90.5055 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 90.5055 Case Law from Google Scholar Google Search for Amendments to 90.5055

The 2025 Florida Statutes

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
90.5055 Accountant-client privilege.
(1) For purposes of this section:
(a) An “accountant” is a certified public accountant or a public accountant.
(b) A “client” is any person, public officer, corporation, association, or other organization or entity, either public or private, who consults an accountant with the purpose of obtaining accounting services.
(c) A communication between an accountant and the accountant’s client is “confidential” if it is not intended to be disclosed to third persons other than:
1. Those to whom disclosure is in furtherance of the rendition of accounting services to the client.
2. Those reasonably necessary for the transmission of the communication.
(2) A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidential communications with an accountant when such other person learned of the communications because they were made in the rendition of accounting services to the client. This privilege includes other confidential information obtained by the accountant from the client for the purpose of rendering accounting advice.
(3) The privilege may be claimed by:
(a) The client.
(b) A guardian or conservator of the client.
(c) The personal representative of a deceased client.
(d) A successor, assignee, trustee in dissolution, or any similar representative of an organization, corporation, or association or other entity, either public or private, whether or not in existence.
(e) The accountant, but only on behalf of the client. The accountant’s authority to claim the privilege is presumed in the absence of contrary evidence.
(4) There is no accountant-client privilege under this section when:
(a) The services of the accountant were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or should have known was a crime or fraud.
(b) A communication is relevant to an issue of breach of duty by the accountant to the accountant’s client or by the client to his or her accountant.
(c) A communication is relevant to a matter of common interest between two or more clients, if the communication was made by any of them to an accountant retained or consulted in common when offered in a civil action between the clients.
History.s. 12, ch. 78-361; s. 2, ch. 78-379; s. 478, ch. 95-147.

F.S. 90.5055 on Google Scholar

F.S. 90.5055 on CourtListener

Amendments to 90.5055


Annotations, Discussions, Cases:

Cases Citing Statute 90.5055

Total Results: 13

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

...(2006) (providing for sexual assault counselor-victim privilege); § 90.5036, Fla. Stat. (2006) (providing for domestic violence advocate-victim privilege); § 90.504, Fla. Stat. (2006) (providing for husband-wife privilege); § 90.505, Fla. Stat. (2006) (providing for privilege with respect to communications to clergy); § 90.5055, Fla....

Matter of Mori

1 B.R. 265, 1979 Bankr. LEXIS 807, 5 Bankr. Ct. Dec. (CRR) 957

United States Bankruptcy Court, S.D. Florida. | Filed: Oct 26, 1979 | Docket: 1803668

Cited 4 times | Published

...The disclosure contemplated herein shall be completed no later than fifteen (15) days from entry of this Order. NOTES [1] Section 473.141, Florida Statutes, which provides for an accountant-client privilege has been repealed effective July 1, 1979, but has been replaced by Section 90.5055, Florida Statutes, in substantially the same form. [2] Rule 917, Federal Rules of Bankruptcy Procedure, makes the Federal Rules of Evidence applicable herein. [3] Section 90.5055, Florida Statutes, provides in pertinent part: ....

Cone v. Culverhouse

687 So. 2d 888, 1997 WL 30323

District Court of Appeal of Florida | Filed: Jan 29, 1997 | Docket: 1371053

Cited 4 times | Published

...This includes matters in which the professionals provided common representation for Mrs. Culverhouse and other persons or entities. We conclude, however, that both trial courts have adopted an overly expansive interpretation of the "common interest" exception found in sections 90.502 and 90.5055, Florida Statutes (1995)....
...sors in interest, if the communication was made by any of them to a lawyer retained or consulted in common when offered in a civil action between the clients or their successors in interest. The accountant-client privilege has a similar exception in section 90.5055(4)(c), Florida Statutes (1995): 90.5055 Accountant-client privilege.— (4) There is no accountant-client privilege under this section when: ....

Hillsborough Holdings Corp. v. Celotex Corp. (In Re Hillsborough Holdings Corp.)

132 B.R. 478, 34 Fed. R. Serv. 216, 1991 Bankr. LEXIS 1433, 1991 WL 204940

United States Bankruptcy Court, M.D. Florida | Filed: Oct 7, 1991 | Docket: 1434746

Cited 3 times | Published

...In re Tidewater Group, Inc., 65 B.R. 179 (Bankr. N.D.Ga.1986). Russell Bankruptcy Evidence Manual § 501.4 (1990). In this instance, the rule of decision of corporate veil-piercing issues is clearly law of Florida, which recognizes the accountant/client privilege. Fla.Stat. § 90.5055. The accountant/client privilege requires a communication made in confidence and not information furnished to accountants or by the accountants, intended to be disclosed to third parties. Fla.Stat. § 90.5055(1)(c)....

Barnett Bank of Tampa, NA v. Muscatell (In Re Muscatell)

93 B.R. 268, 1988 Bankr. LEXIS 1947, 1988 WL 122667

United States Bankruptcy Court, M.D. Florida | Filed: Nov 4, 1988 | Docket: 1834103

Cited 2 times | Published

...Second, his refusal to answer any questions pertaining to the financial affairs and his involvement with the Debtor was based on the invocation of the privilege accorded generally in this State to communications between a certified public accountant and the client on the advice of Mr. Agster. Fla.Stat. 90.5055(1), et seq....
...vision thereof shall be determined in accordance with State law. *271 Seizing on the language of the last sentence of the Rule, Mr. Agster contends that inasmuch as the State of Florida expressly recognizes the accountant/client privilege, Fla.Stat. 90.5055(1), et seq., his invocation of this privilege was appropriate and made in good faith....

Choice Restaurant Acquisition Ltd. v. Whitley, Inc.

816 So. 2d 1165, 2002 WL 904731

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1557632

Cited 1 times | Published

...s relevant so, therefore, I'm going to deny the motion for protective order and require that the information be produced. Although the information may be relevant, it does not follow that relevancy trumps the accountant/client privilege set forth in section 90.5055, Florida Statutes (1999)....
...f the communications because they were made in the rendition of accounting services to the client. This privilege includes other confidential information obtained by the accountant from the client for the purposes of rendering the accounting advice. § 90.5055(2), Fla....

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

...the Florida privileges, i.e., lawyer-client privilege (§ 90.502(1)(c)1., 2.), sexual assault counselor-victim (§ 90.5035(1)(e)1., 2., 3.), domestic violence advocate-victim (§ 90.5036(1)(d)1., 2.), clergy (§ 90.505(1)(b)), and accountant-client (§ 90.5055(1)(c)1., 2.)....

Bivins v. Rogers

207 F. Supp. 3d 1321, 2016 WL 4702682, 2016 U.S. Dist. LEXIS 120892

District Court, S.D. Florida | Filed: Sep 7, 2016 | Docket: 64310274

Published

accountants hired by the guardians. See DE 85, Section 90.5055, Florida Statutes, sets forth the accountant-client

EDWARD BRINKMANN v. PETRO WELT TRADING

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60496868

Published

contrary to the finding of the magistrate. See § 90.5055, Fla. Stat. (2020) (indicating the statutory

Multinational Force & Observers v. Arrow Air, Inc.

662 F. Supp. 162

District Court, S.D. Florida | Filed: Jun 9, 1987 | Docket: 1602503

Published

...Notwithstanding these laudable efforts, the parties failed to reach an agreement. Of course, this is not unexpected in light of the high emotion that has permeated this litigation. It, therefore, becomes incumbent upon this Court to resolve the present controversies. At the onset, MFO acknowledges that Florida Statute § 90.5055 creates an accountant-client privilege, [1] but argues that it does not apply because the Plaintiff has pled and, with the assistance of the present documents, will prove fraud [2] at trial. F.S. 90.5055(4)(a)....
...ice to turn smoothly."); compare, Savino v. Luciao, 92 So.2d 817 (Fla.1957). 2. The issues and evidence of this case fall squarely within the ambit of the fraud exception and therefore, the accountant-client privilege does not apply. Florida Statute 90.5055(4)(a) provides: (4) There is no accountant-client privilege under this section when: (a) The services of the accountant were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or should have known was a crime or fraud....
...1, 53 S.Ct. 465, 77 L.Ed. 993 (1933). Indeed, this principle has been applied consistently and is now known as the crime or fraud exception to the attorney-client privilege. See, generally, Wigmore on Evidence § 2298 (McNaughton, Ken 1961). Florida Statute § 90.5055(4)(a) is, rather obviously, based upon the common law crime-fraud exception....

Transmark, USA, Inc. v. State, Department of Insurance

631 So. 2d 1112, 1994 Fla. App. LEXIS 1334

District Court of Appeal of Florida | Filed: Jan 12, 1994 | Docket: 64746300

Published

519 (1979) (Commentary on 1978 amendment to § 90.5055 — accountant-client privilege). Here, there is

Marcum LLP v. Potamkin

107 So. 3d 1193, 2013 WL 615698, 2013 Fla. App. LEXIS 2609

District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228588

Published

925 So.2d 1082, 1091 (Fla. 5th DCA 2006). . § 90.5055, Fla. Stat. (2010). . § 90.510, Fla. Stat. (2010)

Prime Group, LLC, etc., Sheridan 46 Investment Group, LLC v. Jeannette Abbo

171 So. 3d 234, 2015 Fla. App. LEXIS 11960, 2015 WL 4750832

District Court of Appeal of Florida | Filed: Aug 12, 2015 | Docket: 2683569

Published

...the court determined that petitioners waived the accountant-client privilege without conducting an evidentiary hearing either on that date or at the September 16, 2014 hearing. Eight Hundred, Inc. v. Fla. Dep’t of Revenue, 837 So. 2d 574, 576 (Fla. 1st DCA 2003). 1 Section 90.5055, Florida Statutes, entitled “Accountant-client privilege,” states in relevant part that (2) A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidenti...
...learned of the communications because they were made in the rendition of accounting services to the client. This privilege includes other confidential information obtained by the accountant from the client for the purpose of rendering accounting advice. § 90.5055(2), Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.