CopyCited 151 times | Published | Supreme Court of Florida | 2002 WL 31319386
...ng and attending psychiatrists' testimony at an involuntary hospitalization proceeding under the Baker Act). Further, the Legislature has abrogated the privilege for communications between a psychotherapist and patient in other contexts as well. See § 39.204, Fla....
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1905897
...On November 18, 2003, the circuit court entered an order that made the following findings of fact: 1. The communications between Joseph Nussbaumer and Defendant took place within a psychotherapist-patient relationship. In light of the fact that Defendant is charged with lewd molestation (pursuant to [section
800.04]), [section
39.204, Florida Statutes (2003)] abrogates the psychotherapist-patient privilege which was enacted pursuant to [section]
90.503....
...Co. v. Cano,
829 So.2d 991 (Fla. 2d DCA 2002) (trade secrets); Robichaud v. Kennedy,
711 So.2d 186 (Fla. 2d DCA 1998) (attorney-client privilege); Hill v. State,
846 So.2d 1208 (Fla. 5th DCA 2003) (psychotherapist-patient privilege). THE IMPACT OF SECTION
39.204 With the exceptions of the attorney-client privilege and the clergy communications privilege, section
39.204 abrogates the various evidentiary privileges in cases involving child abuse, abandonment, or neglect. Section
39.204 provides as follows: The privileged quality of communication between husband and wife and between any professional person and his or her patient or client, and any other privileged communication except that between attorney and client or the privilege provided in s....
...ed child abuse" as defined in chapter 39. On the other hand, the result is different if the clergy communications privilege applies. The abrogation of the evidentiary privileges in cases involving child abuse, abandonment, or neglect provided for in section 39.204 has an exception for cases in which the clergy communications privilege is applicable. The exception to the abrogation of the evidentiary privileges in section 39.204 for clergy communications was added to the statute in 1985....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2003 WL 21294021
...Gfeller (Mary Hill's psychotherapist) seek certiorari review of pre-trial discovery orders compelling Dennis Hill and Dr. Gfeller to answer questions propounded by the state. The petitioners rely on the marital privilege, section
90.504, and the psychotherapist privilege, section
90.503. The state relies on section
39.204, which it claims completely abrogates the Evidence Code privileges for marital and psychotherapist communications....
...Gfeller's attorney instructed him not to answer any questions about the treatment he had provided to Mary Hill that day. In its motion to compel testimony from both Dr. Gfeller and Dennis Hill, the state asserted the psychotherapist privilege and the marital communications privilege are waived by section 39.204 which provides, The privileged quality of communication between husband and wife and between any professional person and his or her patient or client, and any other privileged communication ......
...The trial court noted that the child neglect charge was "tenuous" at best since it was based on Mary Hill's driving at an excessive speed with a child in the car. However, the court concluded that because of the broad definition of "neglect" in section
827.03, section
39.204 abrogated both the psychotherapist and marital communications privileges....
...(emphasis added) Because in this case, the wife, Mary Hill, had been charged with two criminal counts for the death of the parties' daughter, it is clear that the marital communication privilege did not exist for communications relating to the homicide counts. The trial judge primarily relied on section 39.204 as having abrogated the marital communication privilege....
...(3) The privilege may be claimed by: (a) The patient ... * * * (d) The psychotherapist, but only on behalf of the patient. The authority of a psychotherapist to claim the privilege is presumed in the absence of evidence to the contrary. This privilege is "abrogated" by section 39.204 in cases involving child abuse, abandonment, or neglect....
...s or her reckless driving of a vehicle which resulted in the injury of a child, if the defendant's reckless driving is shown to be sufficiently gross, there is no reason the charge could not be proven. Because of the clear statutory language in both section
39.204, and section
827.03(b)(3), we agree with the trial court that the psychotherapist-patient privilege does not exist in this case as to any communications relevant to the child neglect felony count....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 4148980
...The mother contends that a psychological evaluation of both parties is appropriate to determine the best interests of the child. We have considered the mother's argument that the father's privilege was waived because of her prior allegations of child sexual abuse against him. Section 39.204, Florida Statutes, provides that privileged communication between a professional and a patient do "not apply to any communication involving the perpetrator or alleged perpetrator in any situation involving known or suspected child abus...
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 7972, 2007 WL 1486106
...] which protects from disclosure to third parties the confidential communications between the patient and the psychotherapist and the records of mental health treatment. In arguing for abrogation of the privilege in this case, Plaintiffs relied upon section 39.204, Florida Statutes, which provides as follows: The privileged quality of communication between husband and wife and between any professional person and his or her patient or client, and any other privileged communication except that between attorney and client or the privilege provided in s....
CopyPublished | Florida 4th District Court of Appeal | 2003 WL 1970335
...han cede control of her privileged privacy interest to a guardian ad litem. We note that the trial court, here, has recognized that Petitioner had not waived her privilege or placed her mental health in issue, nor has the privilege been abrogated by section 39.204, Florida Statutes....
...NOTES [1] We thank the state of Florida, guardian ad litem programs for its amicus appearance on behalf of the respondent and the University of Miami School of Law Children and Youth Law Clinic and Florida's Children First for their amicus appearance on behalf of Petitioner. [2] Section 39.204, Florida Statutes, provides, in pertinent part: "The privileged quality of communication between ... any professional person and his or her patient or client..., shall not apply to any communication involving the perpetrator or alleged perpetrator in any situation involving known or suspected child abuse, abandonment, or neglect...." § 39.204, Fla....
