Florida Statutes
Fla. Stat. § 456.059 (2025)
Communications confidential; exceptions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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456.059 Communications confidential; exceptions.—Communications between a patient and a psychiatrist, as defined in s. 394.455, shall be held confidential and may not be disclosed except upon the request of the patient or the patient’s legal representative. Provision of psychiatric records and reports is governed by s. 456.057. Notwithstanding any other provision of this section or s. 90.503, when:
(1) A patient is engaged in a treatment relationship with a psychiatrist;
(2) Such patient has communicated to the psychiatrist a specific threat to cause serious bodily injury or death to an identified or a readily available person; and
(3) The treating psychiatrist makes a clinical judgment that the patient has the apparent intent and ability to imminently or immediately carry out such threat,
the psychiatrist may disclose patient communications to the extent necessary to warn any potential victim and must disclose patient communications to the extent necessary to communicate the threat to a law enforcement agency. A law enforcement agency that receives notification of a specific threat under this section must take appropriate action to prevent the risk of harm, including, but not limited to, notifying the intended victim of such threat or initiating a risk protection order. A psychiatrist’s disclosure of confidential communications when communicating a threat pursuant to this section may not be the basis of any legal action or criminal or civil liability against the psychiatrist.
History.—s. 10, ch. 88-1; s. 33, ch. 92-149; s. 43, ch. 96-169; s. 83, ch. 97-261; s. 81, ch. 2000-160; s. 4, ch. 2019-134.
Note.—Former s. 455.2415; s. 455.671.
Notes of Decisions
Cited in 6
cases, 2001–2020 · leading case: Guerrier v. State, 811 So. 2d 852 (Fla. 5th DCA 2002).
Guerrier v. State, 811 So. 2d 852 (Fla. 5th DCA 2002). “Baskaran and his nurse regarding the threats was admissible during Defendant's trial pursuant to section 456.059, Florida Statutes (2001), which establishes an exception to the psychotherapist-patient privilege.”
Florida Hosp. Waterman, Inc. v. Buster, 984 So. 2d 478 (Fla. 2008). “(2006) (providing that where a deaf person communicates through an interpreter in circumstances where the communication would be privileged, the privilege applies to the interpreter as well); § 456.059, Fla. Stat. (2006) (providing the communications between a psychiatrist and…”
State v. Famiglietti, 817 So. 2d 901 (Fla. 3d DCA 2002). “There is no comparable language in the psychotherapist-patient privilege.”
Attorney Ad Litem for DK v. Parents of DK, 780 So. 2d 301 (Fla. 4th DCA 2001). “Section 456.059 provides that "[c]ommunications between a patient and a psychiatrist.”
Andrew Pollack v. Nikolas Jacob Cruz (Fla. 4th DCA 2020). “§ 456.059, Fla. Stat. (2000) (emphasis added).”
State v. Famiglietti, 817 So. 2d 915 (Fla. 3d DCA 2001). “[4] The original request sought disclosure of the alleged victim's entire psychiatric records, which span the past ten years. On remand, if the lower court decides that defendant's new motion is sufficient to warrant an in camera inspection, only those parts of the records that…”
— 456.059(3) — 1 case
Guerrier v. State, 811 So. 2d 852 (Fla. 5th DCA 2002). “Baskaran and his nurse regarding the threats was admissible during Defendant's trial pursuant to section 456.059, Florida Statutes (2001), which establishes an exception to the psychotherapist-patient privilege.”
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