Florida Statute 90.507 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

View Entire Chapter

F.S. 90.507

90.507 Waiver of privilege by voluntary disclosure.—A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person, or the person’s predecessor while holder of the privilege, voluntarily discloses or makes the communication when he or she does not have a reasonable expectation of privacy, or consents to disclosure of, any significant part of the matter or communication. This section is not applicable when the disclosure is itself a privileged communication.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 13, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 480, ch. 95-147.

F.S. 90.507 on Google Scholar

F.S. 90.507 on CourtListener

Amendments to 90.507

Annotations, Discussions, Cases:

Cases Citing Statute 90.507

Total Results: 65

Taylor v. State

855 So. 2d 1, 2003 WL 21283161

Supreme Court of Florida | Filed: Jun 5, 2003 | Docket: 1752466

Cited 66 times | Published

situations the privilege may be waived. See, e.g., § 90.507, Fla. Stat. (1999). In the instant case, no privileged

Hamilton v. Hamilton Steel Corp.

409 So. 2d 1111

District Court of Appeal of Florida | Filed: Feb 3, 1982 | Docket: 586212

Cited 26 times | Published

Code, 376 So.2d 1161 (Fla. 1979). [3] F.S.A. § 90.507; 5 Erhardt's Florida Practice, Florida Evidence

Mosley v. State

46 So. 3d 510, 2009 Fla. LEXIS 1122, 2009 WL 2045387

Supreme Court of Florida | Filed: Jul 16, 2009 | Docket: 1928355

Cited 20 times | Published

disclosure is itself a privileged communication. *524 § 90.507, Fla. Stat. (2008) (emphasis supplied). We initially

Knowles v. State

848 So. 2d 1055, 2003 WL 21354854

Supreme Court of Florida | Filed: Jun 12, 2003 | Docket: 1712303

Cited 19 times | Published

district court on the basis of waiver pursuant to section 90.507, Florida Statutes (1993), as opined by Judge

Woodel v. State

804 So. 2d 316, 2001 WL 1628473

Supreme Court of Florida | Filed: Dec 20, 2001 | Docket: 40

Cited 19 times | Published

State, 650 So.2d 21, 24 (Fla.1995) (Bolin II); § 90.507, Fla. Stat. (1995). Here, Woodel stood silent

Berkeley v. Eisen

699 So. 2d 789, 1997 WL 585831

District Court of Appeal of Florida | Filed: Sep 24, 1997 | Docket: 1694077

Cited 16 times | Published

their statutory privilege by their conduct. Cf. § 90.507, Fla. Stat. (1995)(stating that the holder of

Abamar Housing v. Lisa Daly Lady Decor

698 So. 2d 276, 1997 WL 345631

District Court of Appeal of Florida | Filed: Jun 25, 1997 | Docket: 434722

Cited 15 times | Published

dispute terms of settlement among themselves). Section 90.507, Florida Statutes (1995), codifies this precept

Eastern Air Lines, Inc. v. Gellert

431 So. 2d 329

District Court of Appeal of Florida | Filed: May 17, 1983 | Docket: 680945

Cited 15 times | Published

disclosure of the confidential communication. § 90.507, Fla. Stat. (1981); United States v. Jacobs, 322

Coates v. Akerman, Senterfitt & Eidson

940 So. 2d 504, 2006 WL 2987108

District Court of Appeal of Florida | Filed: Oct 20, 2006 | Docket: 567070

Cited 14 times | Published

the correspondence could be demanded." Id. Section 90.507, Florida Statutes (2002), addresses waiver

Palm Beach County School Bd. v. Morrison

621 So. 2d 464, 1993 Fla. App. LEXIS 5863

District Court of Appeal of Florida | Filed: May 26, 1993 | Docket: 1265563

Cited 14 times | Published

(Fla. 1990). The waiver provision contained in section 90.507, Florida Statutes (1991)[2] does not apply

Koon v. State

463 So. 2d 201, 10 Fla. L. Weekly 49

Supreme Court of Florida | Filed: Jan 10, 1985 | Docket: 2572962

Cited 12 times | Published

privilege had been waived by appellant pursuant to section 90.507, Florida Statutes, which states: A person who

Hoyas v. State

456 So. 2d 1225

District Court of Appeal of Florida | Filed: Sep 18, 1984 | Docket: 1446565

Cited 11 times | Published

the face of his client's previous waiver. See § 90.507, Fla. Stat. (1981). Finally, we reject appellant's

Kusch v. Ballard

645 So. 2d 1035, 1994 WL 615723

District Court of Appeal of Florida | Filed: Nov 9, 1994 | Docket: 1223117

Cited 10 times | Published

at 1114 (citing Florida Statutes Annotated, section 90.507 and 5 Ehrhardt's Florida Practice, Florida

State v. Famiglietti

817 So. 2d 901, 2002 WL 879409

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1430195

Cited 9 times | Published

privilege may be waived by voluntary disclosure. Id. § 90.507.[4] None of the statutory exceptions applies in

Bolin v. State

793 So. 2d 894, 2001 WL 788121

Supreme Court of Florida | Filed: Jul 13, 2001 | Docket: 1678069

Cited 9 times | Published

waiver of the spousal privilege pursuant to section 90.507, Florida Statutes (1993). See Bolin I, 650

Bolin v. State

793 So. 2d 894, 2001 WL 788121

Supreme Court of Florida | Filed: Jul 13, 2001 | Docket: 1678069

Cited 9 times | Published

waiver of the spousal privilege pursuant to section 90.507, Florida Statutes (1993). See Bolin I, 650

Ray v. Cutter Laboratories, Division of Miles, Inc.

746 F. Supp. 86, 1990 U.S. Dist. LEXIS 18652

District Court, M.D. Florida | Filed: Sep 19, 1990 | Docket: 1350809

Cited 9 times | Published

compel a different result. Florida Statutes, Section 90.507 provides: A person who has a privilege against

Lynch v. State

2 So. 3d 47, 2008 WL 4809783

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1643648

Cited 8 times | Published

marital privilege would be waived pursuant to section 90.507- If the court determines, however, that the

XL SPECIALTY INS. v. Aircraft Holdings

929 So. 2d 578, 2006 Fla. App. LEXIS 5850, 2006 WL 1058208

District Court of Appeal of Florida | Filed: Apr 24, 2006 | Docket: 1421559

Cited 8 times | Published

may waive it through voluntary disclosure. See § 90.507, Fla. Stat. (2005) ("A person who has a privilege

St. Paul Fire and Marine Ins. Co. v. Welsh

501 So. 2d 54, 12 Fla. L. Weekly 221

District Court of Appeal of Florida | Filed: Jan 7, 1987 | Docket: 1527656

Cited 8 times | Published

produced the letters, the privileges were waived. See § 90.507, Fla. Stat., Hamilton v. Hamilton Steel Corporation

Maplewood Partners, L.P. v. Indian Harbor Insurance

295 F.R.D. 550, 2013 WL 3853388, 2013 U.S. Dist. LEXIS 103309

District Court, S.D. Florida | Filed: Jul 16, 2013 | Docket: 66051501

Cited 7 times | Published

can be found by voluntary disclosure, Fla. Stat. § 90.507,138 as disclosure is inconsistent with the confidentiality

Minakan v. Husted

27 So. 3d 695, 2010 Fla. App. LEXIS 288, 2010 WL 174333

District Court of Appeal of Florida | Filed: Jan 20, 2010 | Docket: 1664999

Cited 7 times | Published

intended to be disclosed to third persons. . . ."); § 90.507, Fla. Stat. (2009) ("A person who has a privilege

Hjm v. Brc

603 So. 2d 1331, 1992 WL 191324

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 1475973

Cited 7 times | Published

waived the psychotherapist-patient privilege. § 90.507, Fla. Stat. (1991). See St. Paul Fire and Marine

Boyd v. State

17 So. 3d 812, 2009 Fla. App. LEXIS 11583, 2009 WL 2517059

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1644903

Cited 6 times | Published

the spouses while they were husband and wife. Section 90.507, Florida Statutes (2009), limits the privilege

Bolin v. State

650 So. 2d 21, 1995 WL 48526

Supreme Court of Florida | Filed: Feb 9, 1995 | Docket: 1703175

Cited 6 times | Published

consent which constitutes a waiver pursuant to section 90.507, Florida Statutes (1993). See Shell v. State

Bolin v. State

650 So. 2d 19, 1995 WL 48438

Supreme Court of Florida | Filed: Feb 9, 1995 | Docket: 466970

Cited 6 times | Published

marital privilege would be waived pursuant to section 90.507, Florida Statutes. Bolin's voluntary consent

S & I Investments v. Payless Flea Market, Inc.

10 So. 3d 699, 2009 Fla. App. LEXIS 6043, 2009 WL 1456938

District Court of Appeal of Florida | Filed: May 27, 2009 | Docket: 2538813

Cited 5 times | Published

Finally, a client may waive the privilege. Section 90.507, Florida Statutes, states: A person who has

Segarra v. Segarra

932 So. 2d 1159, 2006 WL 1751820

District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 3675

Cited 4 times | Published

significant part of the matter or communication. See § 90.507, Fla. Stat. (2004). Here, the father did not voluntarily

Cohen v. Cohen

813 So. 2d 1060, 2002 WL 562254

District Court of Appeal of Florida | Filed: Apr 17, 2002 | Docket: 2151524

Cited 4 times | Published

insurance carrier in connection with that claim. See § 90.507, Fla. Stat. (2000). Accordingly, the order in

McKinlay v. McKinlay

648 So. 2d 806, 1995 WL 1524

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 1343122

Cited 4 times | Published

reverse and remand for a full evidentiary hearing. § 90.507, Fla. Stat. (1989) (waiver of privilege by voluntary

Truly Nolen Exterminating, Inc. v. Thomasson

554 So. 2d 5, 14 Fla. L. Weekly 2792, 1989 Fla. App. LEXIS 6814, 1989 WL 146009

District Court of Appeal of Florida | Filed: Dec 5, 1989 | Docket: 1319025

Cited 4 times | Published

disclosure of the information alleged to be protected. § 90.507, Fla. Stat. (1987); Eastern Airlines, Inc. v.

News-Journal Corp. v. Carson

741 So. 2d 572, 1999 Fla. App. LEXIS 11129, 1999 WL 631700

District Court of Appeal of Florida | Filed: Aug 20, 1999 | Docket: 1511151

Cited 3 times | Published

469 N.E.2d 1243 (Ind.Ct.App. 1984). [2] See § 90.507, Fla. Stat. "A person who has a privilege against

Slim-Fast Foods Co. v. Brockmeyer

627 So. 2d 104, 1993 WL 482326

District Court of Appeal of Florida | Filed: Nov 24, 1993 | Docket: 1529875

Cited 3 times | Published

disclosure of privileged information to third parties. § 90.507, Fla. Stat. (1991).

Markel American Insurance Co. v. Baker

152 So. 3d 86, 2014 Fla. App. LEXIS 19141, 2014 WL 6488823

District Court of Appeal of Florida | Filed: Nov 21, 2014 | Docket: 60245004

Cited 2 times | Published

waived by the party holding the privilege. Section 90.507, Florida Statutes, addresses waiver of a privileged

Tumelaire v. Naples Estates Homeowners Ass'n

137 So. 3d 596, 2014 WL 1801239, 2014 Fla. App. LEXIS 6741

District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240385

Cited 2 times | Published

that may have protected it has been waived. See § 90.507, Fla. Stat. (2013) (providing that privilege is

Urbanek v. Urbanek

46 So. 3d 1235, 2010 Fla. App. LEXIS 17671, 2010 WL 4628565

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 2398720

Cited 2 times | Published

was waived and the waiver cannot be revoked. See § 90.507, Fla. Stat. (2009). We grant the petition and

Kaplan v. Divosta Homes, L.P.

20 So. 3d 459, 2009 Fla. App. LEXIS 16358, 2009 WL 3615585

District Court of Appeal of Florida | Filed: Nov 4, 2009 | Docket: 1759377

Cited 2 times | Published

expectation of privacy during the conversations. See § 90.507, Fla. Stat. (2008) ("A person who has a privilege

Monroe v. State

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

District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 60241286

Cited 2 times | Published

“not intended for further disclosure.” Moreover, § 90.507 provides that: “A person who has a privilege against

LIFEMARK HOSPITALS OF FLORIDA v. Izquierdo

899 So. 2d 478, 2005 Fla. App. LEXIS 5080, 2005 WL 840380

District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 1353618

Cited 2 times | Published

psychotherapist-patient or other privilege. See § 90.507, Fla. Stat. (2001); Lifemark Hospitals of Florida

Knowles v. State

800 So. 2d 259, 2001 WL 1193728

District Court of Appeal of Florida | Filed: Oct 10, 2001 | Docket: 1283234

Cited 2 times | Published

voluntary waiver of the privilege in accord with section 90.507, Florida Statutes (1993), and permitted the

Hanger Orthopedic Group, Inc. v. McMurray

181 F.R.D. 525, 1998 U.S. Dist. LEXIS 21686, 1998 WL 480845

District Court, M.D. Florida | Filed: Jan 26, 1998 | Docket: 66319029

Cited 2 times | Published

husband-wife privilege may be waived. See Fla.Stat. 90.507. Florida Statute 90.507 provides, in relevant part: A

Fr. Vincenzo Ronchi v. State

248 So. 3d 1265

District Court of Appeal of Florida | Filed: Jun 11, 2018 | Docket: 7284978

Cited 1 times | Published

505.3 (2018 ed.). This is consistent with section 90.507, which provides that the person who has the

& SC13-2330 Michael A. Hernandez, Jr. v. State of Florida and Michael A. Hernandez, Jr. v. Julie L. Jones, etc.

180 So. 3d 978, 2015 WL 5445655

Supreme Court of Florida | Filed: Sep 17, 2015 | Docket: 2816844

Cited 1 times | Published

Moreover, we noted in Boyd that section 90.507, Florida Statutes, provides that a privilege

Smith v. State

156 So. 3d 1119, 2015 WL 659564

District Court of Appeal of Florida | Filed: Feb 17, 2015 | Docket: 60245722

Cited 1 times | Published

waived his attorney-client privilege under section 90.507, Florida Statutes, the conflict of interest

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

that the statement is being made in confidence. § 90.507, Fla. Stat. (2012). Here, the presence of

QBE Insurance v. Jorda Enterprises, Inc.

286 F.R.D. 661, 2012 WL 4089890, 2012 U.S. Dist. LEXIS 132020

District Court, S.D. Florida | Filed: Sep 17, 2012 | Docket: 66048744

Cited 1 times | Published

rules do not control here, it is worth noting that § 90.507, Fla. Stat. similarly provides for waiver when

Allstate Insurance v. Levesque

263 F.R.D. 663, 2010 U.S. Dist. LEXIS 12865, 2010 WL 376068

District Court, M.D. Florida | Filed: Jan 25, 2010 | Docket: 66040321

Cited 1 times | Published

part of the matter or communication.” Fla. Stat. § 90.507. The burden of establishing the application of

Mullins v. Tompkins

15 So. 3d 798, 2009 Fla. App. LEXIS 9955, 2009 WL 2151906

District Court of Appeal of Florida | Filed: Jul 21, 2009 | Docket: 1660982

Cited 1 times | Published

waived all applicable privileges, pursuant to section 90.507, Florida Statutes (2008). By petition for writ

State v. Schmidt

474 So. 2d 899, 10 Fla. L. Weekly 2051

District Court of Appeal of Florida | Filed: Aug 29, 1985 | Docket: 1483442

Cited 1 times | Published

otherwise confidential information. Hoyas v. State; § 90.507, Fla. Stat. (1983). In the case at bar, we hold

Fernando Castano v. the State of Florida

District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70260664

Published

facilities or large groups, are not privileged.”); § 90.507, Fla. Stat. (2024) (“A person who has a privilege

Cary Portner v. Gil Koppel and Aleksandra Koppel

District Court of Appeal of Florida | Filed: Mar 13, 2024 | Docket: 68335501

Published

its discretion in permitting the testimony. Section 90.507, Florida Statutes (2022), states: A

AKERMAN, LLP v. SANDRA COHEN

District Court of Appeal of Florida | Filed: Nov 9, 2022 | Docket: 65742512

Published

waived by voluntary disclosure or consent. See § 90.507, Fla. Stat. (2021). Below and in this Court, the

PAPA JOHN'S USA, INC., A FOREIGN PROFIT CORPORATION, AND LORENA GONZALEZ vs PAULA MOORE

District Court of Appeal of Florida | Filed: Jul 15, 2022 | Docket: 64881538

Published

significant part of the matter or communication.” § 90.507, Fla. Stat. (2021). Still,

KELLY NELSON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 9, 2022 | Docket: 63144881

Published

7 communication. Section 90.507, Florida Statutes, offers guidance in this

KELLY NELSON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858264

Published

Luciano, 92 So. 2d 817, 819 (Fla. 1957); see also § 90.507, Fla. Stat. (2021). Hence,

GUILLERMO CUEVAS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 6, 2021 | Docket: 29084939

Published

State responded the issue was waived under section 90.507, Florida Statutes, because the defendant disclosed

LISA KRAMER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 8, 2020 | Docket: 17052271

Published

The state also asserts that, pursuant to section 90.507, Florida Statutes, Kramer waived the privilege

MARGARET SAJIUN v. DANIEL HERNANDEZ

226 So. 3d 875, 2017 Fla. App. LEXIS 12053

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 6142267

Published

defense.” § 90.503(4)(c), Fla. Stat. (2015). Section 90.507, Florida Statutes (2015), governs waiver of

V5 Investments, LLC v. GoWaiter Business Holdings, LLC

210 F. Supp. 3d 1329, 2016 WL 5417219, 2016 U.S. Dist. LEXIS 137788

District Court, M.D. Florida | Filed: Sep 28, 2016 | Docket: 64310534

Published

Defendants monitoring his email. See Fla. Stat. § 90.507 (providing that a person waives a privilege, including

Walker v. RIVER CITY LOGISTICS INC.

14 So. 3d 1122, 2009 Fla. App. LEXIS 7929, 2009 WL 1639533

District Court of Appeal of Florida | Filed: Jun 12, 2009 | Docket: 1157596

Published

disclosure of the documents waived the privilege. See § 90.507, Fla. Stat. (2006). Because the documents were

Commercial Carrier Corp. v. Kelley

903 So. 2d 240, 2005 Fla. App. LEXIS 6110, 2005 WL 991677

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 64838753

Published

, concur. . § 90.503, Fla. Stat. (2004). . § 90.507, Fla. Stat. (2004).

Andrade v. State

773 So. 2d 1238, 2000 Fla. App. LEXIS 16249, 2000 WL 1816873

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 64802579

Published

based on the advice of her previous counsel. See § 90.507, Fla. Stat. (2000) (holder of the privilege waives

H.J.M. v. B.R.C.

603 So. 2d 1331, 1992 Fla. App. LEXIS 8914

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 64669401

Published

waived the psychotherapist-patient privilege. § 90.507, Fla.Stat. (1991). See St. Paul Fire and Marine

Saenz v. Alexander

584 So. 2d 1061, 1991 WL 147143

District Court of Appeal of Florida | Filed: Jul 31, 1991 | Docket: 1515224

Published

condition as an element of his claim or defense ... Section 90.507 provides that a person waives the privilege

Aeroserv International, Inc. v. BEJ Enterprises, Inc.

501 So. 2d 106, 12 Fla. L. Weekly 302, 1987 Fla. App. LEXIS 11913

District Court of Appeal of Florida | Filed: Jan 20, 1987 | Docket: 64624398

Published

1066, 105 S.Ct. 2142, 85 L.Ed.2d 499 (1985); § 90.507, Fla.Stat. (1985).