90.507
Waiver of privilege by voluntary disclosure.
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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.
Notes of Decisions
Cited in 69
cases (8 in the last 5 years), 1982–2025 · leading case: Lynch v. State
Lynch v. State (2009)
“See § 90.507, Fla. Stat. (2000) ("A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person .”
Taylor v. State (2003)
“, § 90.507, Fla. Stat. (1999). In the instant case, no privileged material was revealed until the State asked Mrs.”
Maplewood Partners, L.P. v. Indian Harbor Insurance (2013)
“139 In the event of such waiver, the communications are no longer protected by the privilege. An attorney is entitled to assert the privilege on her client’s behalf, and — absent contrary evidence — is presumed to have the authority to do so, Fla.”
Bolin v. State (2001)
“In Bolin I, we stated that although Bolin's taking of Coby's deposition did not waive the spousal privilege, Bolin's letter to Captain Terry could potentially constitute a waiver of the spousal privilege pursuant to section 90.507, Florida Statutes (1993). See Bolin I, 650 So.”
Boyd v. State (2009)
“See § 90.507 Fla. Stat. (1999); see also Charles W.”
Mosley v. State (2009)
“*524 § 90.507, Fla. Stat. (2008) (emphasis supplied).”
Woodel v. State (2001)
“1995) ( Bolin II ); § 90.507, Fla. Stat. (1995). Here, Woodel stood silent for two days after the prosecutor commented about the marital communication.”
Knowles v. State (2003)
“Therefore, I, too, would affirm the district court on the basis of waiver pursuant to section 90.507, Florida Statutes (1993), as opined by Judge Green.”
Coates v. Akerman, Senterfitt & Eidson (2006)
“Section 90.507, Florida Statutes (2002), addresses waiver of a privileged communication as follows: A person who has a privilege against disclosure of a confidential matter or communication waives the privilege if the person, or the person's predecessor while holder of the…”
Hoyas v. State (1984)
“See § 90.507, Fla. Stat. (1981). Finally, we reject appellant's contention that the waiver was necessarily limited and thus the scope of appellant's cross-examination and the former attorney's rebuttal and impeachment of appellant's testimony was impermissibly broad.”
Bolin v. State (1995)
“We further agree that if a person volunteers that his or her spouse may be questioned about his or her involvement in an event or events, this may equate to consent which constitutes a waiver pursuant to section 90.507, Florida Statutes (1993). See Shell v.”
Palm Beach County School Bd. v. Morrison (1993)
“The waiver provision contained in section 90.507, Florida Statutes (1991) [2] does not apply to the instant case because Andrews has neither voluntarily disclosed nor consented to the disclosure of any significant part of the matter or communication for which he claims the…”
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