Florida/Georgia Personal Injury & Workers Compensation

...See Charles W. Ehrhardt, Florida Evidence § 501.1, at 275 (2001 ed.). The rules of exclusion that have arisen to protect an interest or a relationship are termed "privileges." See Ulrich v. Coast Dental Servs., Inc., 739 So.2d 142, 143 (Fla. 5th DCA 1999). Section 90.503(2), Florida Statutes (2001), provides that confidential communications or records between an individual and a psychotherapist which are made for the purpose of diagnosis or treatment of a patient's mental or emotional condition are privileged....

...However, there are several exceptions to the psychotherapist-patient privilege listed in the statute, including where the communications are relevant to an issue in proceedings to compel hospitalization of a patient for mental illness under the Baker Act. See § 90.503(4)(a), Fla....

...Haney contends its admission was barred by Florida privilege law. The parties agree that Florida law provides the rule of decision on the privilege issue. See Fed.R.Evid. 501. Florida, by statute, recognizes a psychotherapist-patient privilege. See Fla.Stat. § 90.503 (1983)....

...Haney, however, apparently ignores that part of the statute which provides that no privilege exists “[f]or communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which he relies upon the condition as an element of his claim or defense.” Id. § 90.503(4)(c)....

...on. Ladd, Expert Testimony, 5 Van.L.Rev. 414, 424-425 (1952) (quoted in 3 J. Weinstein & M. Berger, supra, at 704-8). 10 . Our disposition of this issue makes it unnecessary to address appellees’ contention that Haney also waived the protection of § 90.503 by noticing and taking the deposition now in issue, though we note this contention has much to commend it....

...[13] See, e.g., § 44.405, Fla. Stat. (2006) (providing a privilege for all mediation parties regarding mediation communication); § 90.5015, Fla. Stat. (2006) (providing for journalist's privilege); § 90.502, Fla. Stat. (2006) (providing for lawyer-client privilege); § 90.503, Fla. Stat. (2006) (providing for psychotherapist-patient privilege); § 90.5035, Fla. Stat. (2006) (providing for sexual assault counselor-victim privilege); § 90.5036, Fla....

...Mussenden are protected by the attorney-client privilege. Pouncy v. State, 353 So.2d 640, 642 (Fla.App.1977). Moreover, under Florida's psychiatrist-patient privilege, any statement of this type is not admissible on the ultimate issue of guilt or innocence. Fla.Stat. Sec. 90.503 (1979); Parkin v....

...onable and unworkable, it would also wreak havoc with the psychiatrist-patient relationship. Confidentiality is the cornerstone of the psychiatrist-patient relationship. The psychotherapist-patient privilege is codified in the Florida Evidence Code, section 90.503, Florida Statutes (1985), which provides that "[a] communication between psychotherapist and patient is `confidential' if it is not intended to be disclosed to third persons... ." Had Dr. Burglass disclosed Blaylock's real or apparent threat to Boynton, he would have breached not only his ethical duty to his patient, but also section 90.503....

...394.455(2)(e), shall be held confidential and shall not be disclosed except upon the request of the patient or his legal representative. Provision of psychiatric records and reports shall be governed by s. 455.241. Notwithstanding any other provisions of this section or s. 90.503, where: (1) A patient is engaged in a treatment relationship with a psychiatrist....

...between the patient and the psychotherapist, or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist. *447 This privilege includes any diagnosis made, and advice given, by the psychotherapist in the course of that relationship. § 90.503(2), Fla. Stat. (2005). This privilege may be claimed by certain individuals, including the patient himself or herself, see id. § 90.503(3)(a), and the psychotherapist on behalf of the patient. See id. § 90.503(3)(d) ("The authority of a psychotherapist to claim the privilege is presumed in the absence of evidence to the contrary.")....

...the requested records and notified the State Attorney that he objected to producing the records or giving testimony based on the clergy communications privilege. On July 17, 2003, Mr. Bloom's counsel filed a motion to quash the subpoena pursuant to section 90.503, the psychotherapist-patient privilege....

...ient 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....

...The clergy communications privilege contains no exceptions to its application. State v. Pinder, 678 So.2d 410, 414 (Fla. 4th DCA 1996). Although the circuit court did not make an express finding on the point, its ruling assumes that Pastor Nussbaumer was a "psychotherapist" within the meaning of section 90.503(1)(a) of the psychotherapist-patient privilege....

...There was no evidence presented that Pastor Nussbaumer was licensed or certified as a clinical social worker, marriage and family therapist, or mental health counselor under the laws of the State of Florida. Pastor Nussbaumer was not shown to be one of the "treatment personnel" at any of the facilities described in section 90.503(1)(a)(4)....

...Neither party has addressed this point directly in their submissions to this court. We will review the circuit court's orders on the basis of our conclusion that Pastor Nussbaumer was not a "psychotherapist" for purposes of the psychotherapist-patient privilege recognized in section 90.503....

...d counsel previously had consulted with the client. [6] According to the State's brief, the social worker was a mental health counselor. Thus, the communications between the worker and Durocher may have been privileged under Florida's evidence code. § 90.503, Fla....

...The Father argued in this appeal that the trial court erred in allowing the daughter's psychotherapist to testify at the hearing without first appointing a guardian ad litem to protect the daughter's patient-psychotherapist privilege if the daughter chose to exercise it. We disagree. Section 90.503(3)(d), Florida Statutes (2005), allows a psychotherapist to assert the privilege on behalf of a patient if the psychotherapist believes that it is in the patient's best interest to do so....

...), Florida Statutes, Hearsay exceptions; availability of declarant immaterial; Public Records and Reports); 98-48, section 1 (creating section 90.5015, Florida Statutes, Journalist's privilege); 98-403, section 127 (changing a statutory reference in section 90.5036, Florida Statutes, Domestic violence advocate-victim privilege); 99-2, section 27 (changing a statutory reference in section 90.4025, Florida Statutes, Admissibility of paternity determination in certain criminal prosecutions); 99-2, section 28 (reenacting section 90.503, Florida Statutes, Psychotherapist-patient privilege); 99-2, section 29 (amending section 90.953, Florida Statutes, Admissibility of duplicates); 99-8, section 5 (amending section 90.503, Florida Statutes, Psychotherapist-patient privilege); 99-8, section 6 (amending section 90.6063(5)(b), Florida Statutes, Interpreter services for deaf person); and 99-225, section 13 (amending section 90.407, Florida Statutes, Subsequent remedial measures), Laws of Florida....

...er with no adequate remedy on appeal. Id. Orders which improperly compel discovery of privileged information, however, are reviewable by certiorari. Andrews argues that the order compelling discovery violates the psychotherapist-patient privilege in section 90.503, Florida Statutes (1991)....

...See also Yoho v. Lindsley, 248 So.2d 187 (Fla. 4th DCA 1971). We reject Morrison's contention that the School Board and Andrews have sought to make Andrews' mental condition an issue in this case, and that the exception to the privilege contained in section 90.503(4)(c) applies....

...1985), where this court noted that the party asserting the psychotherapist-patient privilege had not placed his mental or emotional condition in issue, rather it was the opposing party's attempt to discredit him which had placed the matter in issue. Id. at 1206. In such a circumstance, the exception contained in section 90.503(4)(c) does not apply....

...We grant the petitioner's motion for clarification to note that our prior opinion should not be construed as reaching the issue of admissibility of records previously obtained by respondent. Respondent's motion for reconsideration/rehearing is denied. GLICKSTEIN, C.J., and WARNER and POLEN, JJ., concur. NOTES [1] Section 90.503 provides in pertinent part: 90.503 Psychotherapist-patient privilege....

...lieu of copies. The statutes thus favor confidentiality of psychiatric records, even a minor's psychiatric records in some instances. In this case, the child argues that she has a privilege not to disclose the records of her psychotherapist, citing section 90.503....

...Who may claim this privilege, or waive it, on behalf of a child has not been addressed either by statute or case law, particularly where the child is asserting her privilege against her parents' decision to waive it. At common law, no privilege existed between a physician and a patient. See Law Revision Council Note to section 90.503 (1976); Fidelity & Cas....

...stricting the patient's freedom in providing essential information to the doctor *306 for treatment. However, "[i]t is fairly well settled that confidentiality is essential to the conduct of successful psychiatric care." Law Revision Council Note to section 90.503 (1976)....

...ion, including alcoholism and other drug addiction, between the patient and the psychotherapist.... (3) The privilege may be claimed by: (a) The patient or the patient's attorney on the patient's behalf; (b) A guardian or conservator of the patient. § 90.503, Fla.Stat. (2000). A "patient" is defined as "a person who consults, or is interviewed by, a psychotherapist for purposes of diagnosis or treatment of a mental or emotional condition ...." § 90.503(1)(b), Fla.Stat....

...Unless one of the statutory exceptions to the privilege applies, the daughter is entitled to assert the statutory privilege of confidentiality of her communications. II. No Waiver of Privilege The psychotherapist/patient privilege has limitations and may also be waived. Pursuant to section 90.503(4)(c) there is no privilege: (c) For communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his or her claim or defense...

...ilege, because the minor did not authorize anyone to waive his privilege. See id. at 232. In addition, the court pointed out that the minor was not relying on his condition as an element of his claim or defense to the action, negating a waiver under section 90.503(4)(c)....

...have long relied upon the testimony of court-appointed psychiatrists to determine a person's mental condition.") cert. denied, 345 So.2d 426 (Fla. 1977). Moreover, the trial court's order permitting the husband to depose Dr. Casademont runs afoul of the psychotherapist-patient privilege, section 90.503, Florida Statutes (1987)....

...denied, 364 So.2d 889 (Fla. 1978). On the other hand we note that Argonaut might also be suggesting a Doctor/Patient privilege. So far as we are aware no such privilege exists in Florida. See 1979 Special Pamphlet, Evidence Code, Florida Statutes Annotated § 90.503, Sponsors Note....

...e of the husband's psychological records. First, the husband contends that the order directing the release of his psychological records departs from the essential requirements of law because it violates the psychotherapist-patient privilege found in section 90.503(2), Florida Statutes (1991), which provides: (2) A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of...

...his psychotherapist, or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist. This privilege includes any diagnosis made, and advice given, by the psychotherapist in the course of that relationship. Section 90.503(4)(c) states: (4) There is no privilege under this section: ......

...ng the same arguments raised by appellant. Appellant also argues that the Ryce Act deprives him of a right to privacy guaranteed by the Florida Constitution in that it waives privileged communication. The psychotherapist-patient privilege, listed in section 90.503(2), Florida Statutes, has been abrogated by the Legislature in Ryce Act proceedings....

...In setting this case for en banc consideration, the court directed the parties to address (among other things) the question whether the State had standing to assert the psychotherapist-patient privilege on behalf of the patient. The State is not listed in subsection 90.503(3), Florida Statutes (2001) as one of the persons or entities that may invoke the psychotherapist-patient privilege on behalf of a patient....

...and the state attorney, with the consent of the victim ... have standing to assert the rights of a crime victim which are provided by law or s.16(b), Art. I of the State Constitution." The psychotherapist-patient privilege is a right provided by law. § 90.503, Fla....

...Under the Evidence Code, the patient of a psychotherapist "has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of the patient's mental or emotional condition. ..." § 90.503(2), Fla. Stat. (2001). By the plain language of the Code, if the communication is privileged then it is not to be disclosed. In defining the scope of the psychotherapist-patient privilege, the Code contains three exceptions. Id. § 90.503(4)....

...That is not so. The Evidence Code itself describes the scope of the privilege which has been created. If the communication fits within the privilege, then the patient may refuse, and may insist that others refuse, to disclose the communication. Id. § 90.503(2)....

...The Fourth District Court of Appeal has held that under the due process clause, a defendant in a criminal case may obtain access to the victim's privileged communications with a sexual assault counselor. State v. Pinder, 678 So.2d 410 (Fla. 4th DCA 1996). Those records would otherwise be immune from disclosure under section 90.5035, Florida Statutes (2001), which creates the sexual assault counselor-victim privilege. Under Pinder: To obtain in camera review of confidential communications or records under section 90.5035, a defendant must first establish a reasonable probability that the privileged matters contain material information necessary to his defense....

...shall not be infringed." Art. 1, § 22, Alaska Const. [11] We make no comment concerning the possible application in this case of the statutory psychotherapist-patient evidentiary privilege, which is a separate matter. § 90.242, Fla. Stat. (1975); § 90.503, Fla....

...Petitioner, wife in a dissolution of marriage action, seeks relief by writ of certiorari from an order requiring her personal psychiatrist to surrender her medical records to a court-appointed psychologist. She contends that this is a violation of the psychotherapist-patient privilege found in section 90.503, Florida Statutes (1979)....

...ion. He further informed the trial judge that this review would be in the best interests of the court, the parties and the children. The wife objected on the basis of the psychotherapist-patient privilege and the lower court overruled her objection. Section 90.503(4)(c), Florida Statutes (1979), provides: (4) There is no privilege under this section: ......

...ed a crime against the victim. In order to resolve the issue before us, we will discuss privileges under Florida law and the standard by which we should interpret them. Following that discussion, we will analyze the particular provisions of sections 90.503 and 456.059 wherein we find the psychotherapist-patient *854 privilege and the dangerous patient exception....

...Even though privileges are no longer established by the courts, the reason for the common law rule of disclosure is no less significant when the Legislature considers adoption of a privilege. *855 Specifically, the common law did not recognize a psychotherapist-patient privilege. Therefore, when the Legislature enacted section 90.503, Florida Statutes, it created a privilege where none had existed at common law....

...Subsequently, the Legislature enacted section 456.059, Florida Statutes, which creates the dangerous patient exception. Thus we are not constrained by the rule of strict statutory construction in interpreting the exception under section 456.059, as we would be in interpreting the privilege created by section 90.503....

...proper medical treatment for their physical ailments. Thus there was no reason to depart from the accepted common law principle that generally favored access to relevant testimony to ascertain the truth in judicial proceedings. However, in enacting section 90.503, the Legislature recognized the need for testimonial privilege "to encourage patients to seek treatment for mental and emotional conditions." Attorney ad Litem, 780 So.2d at 306. It is obvious, however, that the Legislature did not envision the psychotherapist-patient privilege as absolute or immutable given the exceptions provided in sections 90.503 and 456.059....

...o notify law enforcement. Accordingly, only statements made by the dangerous patient that are necessary to warn the victim and communicate the threat to law enforcement may be disclosed. Other communications that fall within the privilege created by section 90.503 remain protected and may not be disclosed under section 456.059....

...pled. The trial court granted the motion. Petitioner contends that the trial court departed from the essential requirements of the law in compelling discovery of information protected by the psychotherapist/patient privilege, which is spelled out in section 90.503, Florida Statutes (1991)....

...e in action arising from auto accident involving daughter in which only the daughter's mental condition was put at issue). Respondents rely upon another portion of the statute to support the order under review. The pertinent statutory provision from section 90.503 states: (4) There is no privilege under this section: ......

...The County and the officer filed this petition for writ of certiorari seeking to quash the trial court's order. [1] The County and the officer first argue that the psychological evaluation is protected by Florida's psychotherapist-patient privilege, which is found in section 90.503, Florida Statutes (2009). According to that provision, there is a privilege which attaches to "confidential communications or records made for the purpose of diagnosis or treatment of the patient's mental or emotional condition...." Id. § 90.503(2) (emphasis added)....

...ot limited to those provided to the independent psychologist, and without requiring in-camera review. We quash this order in part. 3 (1) The Psychotherapist-Patient Privilege. The parties agree that Wife has a psychotherapist-patient privilege under section 90.503(2) of the Florida Statutes as to confidential communications and records of mental health treatment or diagnosis....

...120 ords, records that the parties voluntarily give the independent evaluator lose their privileged status. See McIntyre v. McIntyre, 404 So.2d 208, 209 (Fla. 2d DCA 1981). Likewise, the parties’ communications to the evaluator are not privileged. § 90.503(4)(b), Fla....

...s claim is denied. E. Failure to Assert Psychotherapist-Patient Privilege In his fifth claim on appeal, Wheeler contends that his trial counsel were ineffective in failing to assert the psychotherapist-patient privilege on behalf of Wheeler based on section 90.503(l)(c), Florida Statutes (2006), or otherwise object to Dr. Raphael Perez’s testimony. The postconviction court held that this privilege did not apply based on the exception in section 90.503(4)(c), Florida Statutes (2006). Section 90.503 provides in relevant part: (2) A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of the patient’s m...

...y proceeding in which the patient relies upon the condition as an element of his or her claim or defense or, after the patient’s death, in any proceeding in which any party relies upon the condition as an element of the party’s claim or defense. § 90.503, Fla....

...We, *508 therefore, content ourselves with asking him to reconsider the matter in the light of this opinion and receive such further evidence as he deems appropriate. Another point we consider is the court's refusal to admit the testimony of the wife's long-time psychiatrist, based on the privilege enunciated in Section 90.503(4)(c), Florida Statutes (1983)....

...DAVIS and NORTHCUTT, JJ., Concur. . This is despite the fact that any information they might have divulged during their evaluations could not be used against them in criminal proceedings if they chose to invoke the psychotherapist-patient privilege. See § 90.503(2), Fla....

...M.'s treatment from discovery in the civil malpractice action, does not constitute a departure from the essential requirements of law. Alternatively, petitioners argue that the information ordered disclosed by the trial court is protected from such disclosure by the psychotherapist-patient privilege contained in section 90.503, Florida Statutes (1991)....

...Williams, 308 So.2d 634, 636 (Fla. 1st DCA 1975). See also Greyhound Lines, Inc. v. Jackson, 445 So.2d 1107 (Fla. 4th DCA 1984). Petitioners first contend that the trial court erred because the information sought in the subpoena is privileged under section 90.503, Florida Statutes (1983). Section 90.503 provides in part: (2) A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of his mental or emotional co...

...he diagnosis or treatment under the direction of the psychotherapist. This privilege includes any diagnosis made, and advice given, by the psychotherapist in the course of that relationship. Respondents argue that the psychotherapist privilege under section 90.503(2) claimed by petitioners is eliminated by section 90.503(4)(b) which provides: (4) There is no privilege under this section: ......

...psychiatrist regarding his examination of her was inadmissible under the psychotherapist privilege. Rejecting this argument, the third district said: Plainly, the testimony was not excludable as falling within the psychotherapist-patient privilege [§ 90.503, Fla....

...Petitioners urge that we construe section 415.512 to apply only to activities conducted by the State Department of Health and Rehabilitative Services. We cannot agree that the broad language used in the statute by the legislature warrants such narrow construction. Obviously, the psychotherapist privilege provided by section 90.503(2) is intended to encourage people who need treatment for mental disorders (including child abusers) to obtain it by insuring the confidentiality of communication during treatment....

...Lastly, we must note that this decision does not rule on whether the psychologist's testimony is relevant or material or otherwise inadmissible or admissible in the trial of this case. We further note that the psychotherapist-patient privilege provided by section 90.503 continues in effect for any communication not dealing with child abuse or neglect....

...Moreover, in terms of the "fifth amendment advice" question which the appellee has chosen to emphasize here, [7] it is noteworthy that the invocation of the attorney-client privilege is specifically recognized by § 90.502, Fla. Stat. (1979) as a basis for advising one not to testify. § 90.501, Fla. Stat. (1979); see also § 90.503 (psychotherapist-patient privilege); § 90.504 (husband-wife privilege); § 90.505 (clergyman-penitent privilege)....

...overy for various elements of damages including "great pain and suffering" and the loss of the "enjoyment of life." The complaint does not include a claim for "mental anguish." She asserts that her psychiatric records are protected from discovery by section 90.503, Florida Statutes (1997), which provides in relevant part: A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or tr...

...allegation that mental anguish was inflicted, which is not true in the instant case. The allusion to loss of enjoyment of life, without more, does not place the mental or emotional condition of the plaintiff at issue so as to waive the protection of section 90.503....

...nd this rule, the following applies: (1) The Florida Rules of Civil Procedure apply unless otherwise superseded by these rules. (2) The Florida Rules of Evidence apply unless superseded by these rules. (3) The psychotherapist-patient privilege under section 90.503, Florida Statutes, does not apply to any communication relevant to an issue pertaining to an involuntary civil commitment proceeding....

...Decedent's diary is not privileged, and regardless of its ultimate admissibility, it may have led to the discovery of evidence relevant to her physical condition which caused her to admit herself to the hospital. As to the psychiatric records, there is a psychotherapist-patient privilege under section 90.503, Florida Statutes (1997), but there is no privilege "after the patient's death, in any proceeding in which any party relies upon the condition as an element of his claim or defense." § 90.503(4)(c)....

...There is no general doctor/patient privilege in Florida, see Fidelity & Casualty Co. v. Lopez, 375 So.2d 59 (Fla. 4th DCA 1979), and the communications between Means and Dr. Poster did not fall within Florida's limited psychotherapist/patient privilege. See § 90.503, Fla....

...The drug was prescribed by another physician and not by Dr. Poster. [2] Arias had attempted to call the character witnesses earlier in the trial, but the court denied her request. The trial judge stated that he would reconsider the matter if Arias took the stand and testified. [3] Section 90.503 states in pertinent part: (1) For purposes of this section: (a) A "psychotherapist" is: 1....

...84 in Mandarin, Florida, with Michael Staton, while wearing masks and gloves. The trial court properly concluded that Thompson's conversations with Meade, who was simply a crisis intervention specialist, were not protected by the privilege asserted. Section 90.503, Florida Statutes (1989), articulates the psychotherapist-patient privilege, and subsection (1)(a) defines "psychotherapist" as: 1....

...ng alcoholism and other drug addiction. (Emphasis and footnote added.) The only time a client is authorized to invoke the privilege based upon a reasonable belief that the person is a psychotherapist is when the psychotherapist is a physician, under section 90.503(1)(a)(1)....

...represented him thereafter. [5] A "psychologist" is defined in chapter 490 as a person with certain doctoral-level training who is licensed by examination or endorsement. § 490.003(3), Fla. Stat. (1989). [6] Thompson argues that a new provision of section 90.503 should apply to his case. Section 90.503(1)(a)(4) now includes in the definition of "psychotherapist": Treatment personnel of facilities licensed by the state pursuant to chapter 394, chapter 395, chapter 396, or chapter 397, facilities designated by the Department of Health...

...[3] If foreseeability is the touchstone of torts involving a breach of confidentiality, there can be no doubt that this chaplain could reasonably have foreseen his student's emotional distress. The student had insisted on the confidentiality as a prerequisite to his consultation with the chaplain. [4] Compare § 90.503(2) ("A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of the patient's mental or emotional condition ......

...opinion. *284 First, we address that part of the trial court's order which required production of all medical records pertaining to the treatment Dr. Burton received for drug abuse. Petitioners assert that these records are privileged under sections 90.503, 395.011, 395.017, 397.053, 455.241 and 768.40, Florida Statutes (1985). In section 90.503 the legislature created a privilege for confidential communications between psychotherapist and patient. This privilege encompasses confidential communications and records "made for the purpose of diagnosis or treatment of [a patient's] mental or emotional condition, including alcoholism and other drug addiction... ." § 90.503(2), Fla....

...of consortium, Wendy's mental and emotional condition is at issue in the case. The counseling she received and the joint counseling she and her husband received could be relevant to the case. The records are discoverable by the defendants. Although section 90.503, Florida Statutes (1993), establishes a psychotherapist-patient privilege, section 90.503(4)(c), Florida Statutes (1993) limits the privilege. 90.503 Psychotherapist-patient privilege....

...Garbacik's mental condition. Mr. Garbacik then timely filed his petition for writ of certiorari. Mr. Garbacik argues that the information being sought by Wal-Mart Transportation from Dr. Legler is protected by the psychotherapist-patient privilege articulated in section 90.503, Florida Statutes (2003)....

...the psychotherapist, or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist. This privilege includes any diagnosis made, and advice given, by the psychotherapist in the course of that relationship. Section 90.503(4) identifies the exceptions to this privilege, as follows: (4) There is no privilege under this section: (a) For communications relevant to an issue in proceedings to compel hospitalization of a patient for mental illness, if the psyc...

...If we allowed an invasion of the privilege because the material could be used for impeachment purposes, we might just as well ignore the privilege in its entirety. If that were the law, there would be virtually no case where the report of a mental health professional could not be obtained by the opposing party. Section 90.503 would be useless....

...Bornstein, 734 So.2d 555, 556 (Fla. 5th DCA 1999), for example, this Court stated: The allusion to loss of enjoyment of life, without more, does not place the mental or emotional condition of the plaintiff at issue so as to waive the protection of section 90.503....

...are relevant to the issue concerning the daughter's mental condition before the accident. Florida recognizes that communications between a patient and a psychotherapist are generally privileged and may not be disclosed without the patient's consent. § 90.503, Fla. Stat. (1987). The statutory privilege does not apply if a patient in an action relies on her mental or emotional condition as an element of her claim or defense. See § 90.503(4)(c); Arzola v....

...NOTES [1] Orders granting discovery have traditionally been reviewed by certiorari because appeal after final judgment is an inadequate remedy if discovery has been wrongfully granted. See Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1099 (Fla. 1987) and cases cited therein. [2] See section 90.503, Florida Statutes (1987).

...e by a declarant who is unavailable due to death, illness, or infirmity regarding the same subject matter as a statement made by the declarant that was previously offered by an adverse party and admitted in evidence. In 2006, the Legislature amended section 90.503, Florida Statutes, to broaden the psychotherapist-patient privilege by adding to the list of those who will be deemed "psychotherapists" certain certified registered nurses whose primary practice is the diagnosis or treatment of mental or emotional conditions. See ch. 2006-204, § 1, Laws of Fla. Under section 90.503(1)(a)(5), the privilege now applies to "advanced registered nurse practitioners" as defined by section 464.003(6), Florida Statutes (2006), who are "certified" pursuant to section 464.012, Florida Statutes (2006), and whose primary pra...

...ble as provided in paragraph (1)(d), a written or oral statement made regarding the same subject matter as another statement made by the declarant that has previously been offered by an adverse party and admitted in evidence. Chapter 2006-204, § 1: 90.503....

...City of Oldsmar v. Kimmins Contracting Corp., 805 So.2d 1091, 1092 (Fla. 2d DCA 2002). Ms. O'Neill contends that the trial court's order departs from the essential requirements of law by violating the statutory psychotherapist-patient privilege set out in section 90.503, Florida Statutes (1998)....

...KPMG Peat Marwick, 742 So.2d 328, 331 (Fla. 3d DCA 1999), approved, 765 So.2d 36 (Fla.2000). Accordingly, the statute must be strictly construed. Guerrier, 811 So.2d at 854 n. 2 *840 (citing Ady v. Am. Honda Fin. Corp., 675 So.2d 577, 581 (Fla.1996)). Subsection (2) of section 90.503 sets forth the initial parameters of the privilege, stating that a patient has a privilege to refuse to disclose......

...Subsection (4) then carves an exception to this privilege: there is no privilege for a communication "relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his or her claim or defense." Section 90.503 reflects an awareness that "confidentiality is essential to the conduct of successful psychiatric care." Attorney ad Litem for D.K....

...Section 61.13(2)(a), Florida Statutes (1999), requires a trial court to decide the custody of minor children by ascertaining what is in the child's best interest. In so determining, one factor that must be weighed is the mental health of each parent, although a parent may assert the evidentiary privilege of section 90.503....

...The next morning, Winterberger informed the court that she might be unable to make an informed decision that day and that she believed she would not be “giving it the appropriate attention it deserves with trying to get all that ∗ § 90.503(3)(d) Fla....

...sychologist who evaluated and treated the children regarding their communications with two of the girls. The psychotherapist-patient privilege, (invoked in this case by the children's mother on their behalf), is set forth in Florida's Evidence Code, section 90.503(2), Florida Statutes (1989)....

...Further, all "mental health professionals" are covered by the reporting requirements as a group, without regard to whether the knowledge of child abuse came to them in the context of a confidential communication made for the purpose of diagnosis or treatment (the only way such communication would be privileged). See section 90.503(2), Florida Statutes (1989)....

...nd potential disclosure using the terms outlined in Katlein. B. OTHER MENTAL HEALTH RECORDS. We now turn to a consideration of whether the other mental health records of the witness are subject to in camera inspection. We conclude that they are not. Section 90.503(2), Florida Statutes (2003), which defines the psychotherapist-patient privilege, states that the patient "has a privilege to refuse to disclose, and prevent any other person from disclosing confidential communications or records made...

...no privilege associated with involuntary commitment proceedings; or when there is a court ordered mental examination; or when the patient raises and relies on the issue of his or her mental condition in litigation as part of a claim or defense. See § 90.503(4), Fla....

...ot address what questioning on mental health matters may be permitted at trial. We leave that for another day. [2] In Pinder the Fourth District held that records or communications between a sexual assault counselor and a victim made confidential by section 90.5035, Florida Statutes, are subject to an in camera review, and are ultimately subject to discovery if the defendant establishes a reasonable probability that the privileged matters contain material information necessary to the defense....

...in interrogatories. For the following reasons, we grant the petition with respect to the order requiring the Petitioner to produce records of her substance abuse treatment. Contrary to the Respondent's assertion, the exceptions set forth in sections 90.503(4)(a) and (b) don't apply. This case does not involve hospitalization of the Petitioner for mental health treatment. Additionally, although the Petitioner's treatment was pursuant to a plea agreement, that does not constitute a court-ordered examination under section 90.503(4)(b)....

...ining to a tort defendant who participated in the center's program some time after the alleged tort occurred. We conclude that it did. Petitioners oppose disclosure of Hall's communications to the Hospital personnel because they are privileged under section 90.503(2), which concerns confidential communications of a patient with his psychotherapist, or persons assisting the psychotherapist, in connection with diagnosis or treatment of his mental or emotional condition. The patient or his counsel may assert the patient's privilege. § 90.503(3). Section 90.503(4) states as one of the exceptions to the privilege the case where the communications are relevant to an issue of the patient's mental or emotional condition in a proceeding where the patient relies on the condition as an element of his claim or defense....

...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....

...injury to the neighbor child. The psychotherapist-patient privilege did not exist at common law, [7] and is a relatively recent privilege created and defined solely by statute. [8] It is also part of the Evidence Code and provides in relevant part: Section 90.503 Psychotherapist-patient privilege....

...See Nussbaumer, 882 So.2d at 1072. Florida law recognizes several privileges including: attorney-client privilege, psychotherapist-patient privilege, husband-wife privilege, priest-penitent privilege, and accountant-client privilege. See §§ 90.502, 90.503, 90.504, 90.505, 90.5055, Fla....

...int psychotherapist-patient sessions. However, in Florida, the psychotherapist-patient privilege does not include language that the privilege should be subject to the same conditions as the attorney-client privilege or any other statutory privilege. Section 90.503, Florida Statutes (2004), provides that a patient has a privilege to refuse to disclose, and to prevent any other person from disclosing confidential communications or records made for the purpose of diagnosis or treatment of the patients mental or emotional condition. See § 90.503(2), Fla....

...He had a reasonable expectation of privacy in the joint session, and he did not consent to disclosure of any part of the communication. However, had the court ordered the counseling sessions, then there would have been no reasonable expectation of confidentiality. See § 90.503(4)(b), Fla....

there as a condition of his bond. They cited section 90.503(4)(c), Florida Statutes, which provides as

...air play to deny Husband the opportunity to present rebuttal testimony and evidence. Our conclusion is bolstered by the general body of law holding that certain analogous statutory privileges, e.g., the psychotherapist-patient privilege set forth in section 90.503, Florida Statutes, and the lawyer-client privilege set forth in section 90.502, Florida Statutes, can be waived....

...This being so, he cannot claim, as urged, a psychotherapistpatient privilege with respect to these records; there is no such privilege "[f]or communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which he relies upon the condition as an element of his claim... ." § 90.503(4)(c), Fla....

...of mental anguish due to allegations that the plaintiff recently took personal property from the defendants' safe deposit box. The fact that the defendant's psychiatric disability relates to two of the plaintiff's claims does not bring it within the section 90.503(4)(c), Florida Statutes (2000), exception to the privilege, as the patient did not rely on his mental or emotional condition as an element of his claim or defense....

...ught to subpoena records from two psychiatrists who had treated the petitioner. The petitioner objected to the requested production of the records, arguing that they were protected from disclosure by the psychotherapist-patient privilege codified in section 90.503, Florida Statutes....

...ause the petitioner was relying upon his mental or emotional condition as an element of his workers' compensation claim. Agreeing with the respondents that the privilege did not apply, the judge of compensation claims entered the order under review. Section 90.503(2), Florida Statutes, provides that the patient of a psychotherapist has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of the patient's mental or emotional condition. Material to the present case, section 90.503(4)(c), provides an exception to this privilege for "communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his or her claim or defense....

...ormation that would be relevant for impeachment purposes or in connection with a defense that the fatigue and neurological symptoms are the result of some mental or emotional condition unrelated to the injuries of which the petitioner complains, the section 90.503(4)(c) exception applies only when the patient—rather than some party who opposes the patient in litigation—places his mental or emotional condition in issue....

...Wal-Mart Transp. LLC, 932 So. 2d 500 (Fla. 5th DCA 2006); Palm Beach County Sch. Bd. v. Morrison, 621 So. 2d 464 (Fla. 4th DCA 1993). Because the patient in the present litigation, the petitioner, has not placed his mental or emotional condition in issue, the section 90.503(4)(c) exception to the privilege does not apply....

...Brown’s primary contention in support of modifying the parenting plan is that the trial court abused its discretion by excluding a two-and-a-half year-old report filed with the court by the child’s former psychotherapist. The trial court decided to exclude the report under section 90.503(2), Florida Statutes, because a privilege attaches to a patient-psychotherapist relationship....

...the essential requirements of the law. Segarra v. Segarra, 932 So.2d 1159, 1160 (Fla. 3d DCA 2006); see also Viveiros v. Cooper, 832 So.2d 868, 869 (Fla. 4th DCA 2002); Palm Beach County Sch. Bd. v. Morrison, 621 So.2d 464, 468 (Fla. 4th DCA 1993). Section 90.503(2), Florida Statutes (2009), provides that a patient has a privilege to decline to disclose information or records that are made in the diagnosis or treatment of mental conditions....

...voluntary commitment proceedings; (b) made in the course of a court-ordered mental examination; or (c) relevant to an issue of the patients mental or emotional condition which the patient relies upon as an element of his or her claim or defense. See 90.503(4)(a)-(c); State v....

...rogated when the defendant raised defenses of estoppel and duress); Morrison, 621 So.2d at 468 (same; defenses that defendant acted reasonably and in good faith). Because Cruz-Govin has not relied upon his mental or emotional condition in this case, section 90.503(4)(c) does not abrogate the asserted privilege....

...e school for therapeutic and rehabilitative reasons. The defendants also filed a motion for a protective order from the plaintiff's attempted deposition of Dr. Gonzalez and his records. As a basis for the protective order, the defendants relied upon Section 90.503, Florida Statutes (Supp....

...The trial court, however, allowed the plaintiff to depose the psychologists who treated Ernesto in Maine. The trial court also entered an order on October 31, 1991, denying the defendants' motion for a protective order as to Dr. Gonzalez. We agree with the defendants that Section 90.503, clearly provides for a privilege against the discovery of the psychotherapist-patient communications developed in the course of diagnosis or treatment. Section 90.503(2) provides: A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of his mental or *232 emotional condit...

...y left him unsupervised. We disagree. See Peisach v. Antuna, 539 So.2d 544 (Fla. 3d DCA 1989). The psychotherapist-patient privilege is the patient's to either assert or waive — not that of a third party. As to any alleged waiver of this privilege, Section 90.503(4) provides: There is no privilege under this section: ......

...eding in which any party relies upon the condition as an element of his claim or defense. (emphasis added) The record is devoid of any instance in which Ernesto, or anyone authorized to act on his behalf, waived this privilege. Since the language of Section 90.503 clearly provides for a privilege over psychotherapist-patient communications, and Ernesto did not waive this privilege, we grant the petitioner's petition for a writ of certiorari and quash the trial court's orders granting discovery o...

...Appellant argues that the elimination of the privilege is substantive, not procedural, and cannot be applied in this case. We need not reach that argument because we conclude that there was no privilege for these communications before the amendment. *639 The psychotherapist-patient privilege is found in our evidence code, section 90.503; however, there is a specific exception provided in section 90.503(4)(a): (4) There is no privilege under this section: (a) For communications relevant to an issue in proceedings to compel hospitalization of a patient for mental illness, if the psychotherapist in the course of diagnosis or treatment has reasonable cause to believe the patient is in need of hospitalization....

...§ 916.32(4) and (5), Fla. Stat. (1998). There are enough similarities between the definition of mental illness under the Baker Act, and "mental abnormality" under the Ryce Act, to lead us to conclude that the communications to the therapists in this case fell within the section 90.503(4)(a) exception and were not privileged....

...RDERED AND ADJUDGED that Horne's Petition to Remand is DENIED. It is further ORDERED AND ADJUDGED that Horne's Motion for Attorney's Fees and Costs be and the same is hereby DENIED. DONE AND ORDERED. NOTES [1] Horne also bases his claim on Fla.Stat. § 90.503, which reads in pertinent part: A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of his mental or emotion...

...rapist, or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist. This privilege includes any diagnosis made, and advice given, by the psychotherapist in the course of that relationship. Fla.Stat.Ann. § 90.503 (West 1992). Section 90.503, however, does not provide a privacy cause of action....

...In October 2002, respondent filed a notice of taking deposition duces tecum of the records custodian of Columbia Hospital. In response, Byxbee filed a motion for protective order seeking to invoke the psychotherapist-patient privilege contained at section 90.503(2), Florida Statutes (2002)....

...The trial judge compelled disclosure of the records, believing that they were relevant to Byxbee's non-mental, physical condition. This is not a case where Byxbee has relied upon his mental condition "as an element of [his] claim or defense," so that the exception of section 90.503(4)(c) applies. Byxbee withdrew his claim for mental anguish. A claim for loss of enjoyment of life, "without more, does not place the mental or emotional condition of the plaintiff at issue so as to waive the protection of section 90.503." Partner-Brown v. Bornstein, 734 So.2d 555, 556 (Fla. 5th DCA 1999). The records of Columbia Hospital fall within the privilege of section 90.503....

...That the records contain information pertaining to physical examinations during hospital admissions does not remove the records from the privilege. There is no indication that such examinations were not made "for the purpose of diagnosis or treatment of the patient's mental or emotional condition." § 90.503(2). To allow discovery of the records because they contain information about the patient's physical or medical condition would be to engraft an additional exception to section 90.503(4)....

...of law and that unless relief is granted he or she will suffer an injury for which he or she will have no adequate remedy on appeal. Parkway Bank v. Fort Myers Armature Works, Inc., 658 So.2d 646 (Fla. 2d DCA 1995). Ireland has met this burden here. Section 90.503(2), Florida Statutes (2005), provides as follows: "A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of the patient's mental or emotional condition ....

...." However, the privilege does not apply to "communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his or her claim or defense. . . ." § 90.503(4)(c); see also Nelson v....

...Reyes, 850 So.2d 595, 596 (Fla. 4th DCA 2003) ("Byxbee withdrew his claim for mental anguish. A claim for loss of enjoyment of life, `without more, does not place the mental or emotional condition of the plaintiff at issue so as to waive the protection of section 90.503.'" (quoting Partner-Brown v....

...The mother then served a request to produce, which included a request for "all psychological records, notes and reports relating to the parties' minor child and/or the parties." (Emphasis added) *1241 The father filed an objection to the mother's request to produce based on the psychotherapist-patient privilege recognized in section 90.503, Florida Statutes....

...ird parties. However, there is no privilege for communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his or her claim or defense.... § 90.503(4)(c), Fla....

...entered an agreed order granting the father's motion for social investigation, which was to include a psychological evaluation of the parties. That evaluation should assist the trial court in making custody determinations, without violating anyone's section 90.503 privilege.

...PETITION GRANTED; ORDER QUASHED. PALMER, MONACO and LAWSON, JJ., concur. NOTES [1] Devereux argues that some of the documents were also protected from discovery by section 456.057, Florida Statutes (providing limited confidentiality for medical records) and section 90.503, Florida Statutes (the psychotherapist-patient privilege)....

...In the instant case we conclude that the photos at issue are exactly the type of identifying information that Amente concluded would not be subject to discovery. The order at issue impinges upon the privacy rights of the non-party patients, and threatens to violate the patient/psychotherapist privilege codified in section 90.503(2), Florida Statutes (2001), as well as section 394.4615, Florida Statutes (2001), providing for the confidentiality of clinical psychiatric records....

...More to the point, the judge, counsel, and court personnel can be expected to abide by the terms of any confidentiality order which may be entered. The majority opinion suggests that there may be an issue regarding the psychotherapist patient privilege under subsection 90.503(2), Florida Statutes (2001)....

...banek, Commercial Management Corporation and the trustee, Philip Hopkins. Petitioner asserted the psychotherapist-patient privilege to prevent respondent(s) from deposing his psychologist who had previously furnished the court with an affidavit. See § 90.503, Fla....

...ilege. The trial court heard the motion and denied it in the subject order, directing the psychiatrist to answer questions by the wife's counsel as to extramarital relationships by the husband and related matters. That prompted the subject petition. Section 90.503 of the Florida Evidence Code provides for a privilege between patient and psychotherapist for communications not intended to be disclosed to third persons, when records and communications were made for diagnosis or treatment of a mental or emotional condition....

...Here, the child was appointed a guardian ad litem pursuant to section 61.403, Florida Statutes (2002). Unfortunately, the guardian ad litem was not at the hearing and did not either assert or waive the child's privilege. She did speak to Dr. Swan and they discussed the case several times. However, section 90.503(3)(d) also permits the psychotherapist to assert the privilege on behalf of the patient....

...POLEN and KLEIN, JJ., concur. NOTES [1] Because Dr. Swan was appointed to counsel the child, we do not believe that this falls within the exception for court-ordered evaluations and examinations excluded from the patient-psychotherapist privilege under section 90.503(4)(b), Florida Statutes (2002)....

..., Florida Statutes, to be facially constitutional and denied the Motion for Injunction and the Petition for Writ of Prohibition. We must, however, disagree with the trial court's determination that the petitioner has waived the privilege afforded by Section 90.503, Florida Statutes (1979). First of all, the privilege at issue, the psychotherapist-patient privilege, inures to the patient, not the psychotherapist, and can be waived only by the patient or someone acting on the patient's behalf. Section 90.503(2) and (3), Florida Statutes (1979)....

...There are factual determinations yet to be made before questions as to the applicability of the psychotherapist-patient privilege and as to waiver can be resolved. Accordingly, the provision in the order finding that petitioner has waived the privilege afforded by Section 90.503, Florida Statutes, is stricken....

...Significantly, the majority opinion also noted: The trial court would be faced with an entirely different situation if the wife should offer the testimony of her treating psychiatrist to prove her mental condition. In that event the door would have been opened and the privilege waived. 336 So.2d at 657. Section 90.503, Florida Statutes (1983), the successor statute to the one under consideration in Roper, provides in subsection (4)(c) that there is no privilege from disclosure: (c) For communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which he relies upon the condition as an element of his claim or defense... . We believe the exception envisioned by section 90.503(4)(c) and noted in Roper is before us now....

...nds for seeking relief from the prior marital settlement agreement. He presented substantial expert and lay evidence on his mental condition, including the testimony of treating experts. Under these circumstances, we believe the waiver provisions of section 90.503(4)(c) apply....

...Mary Ellen Frazier and [have] the report ... release[d] to [the parenting] coordinator and the court." The trial court erred in ordering compliance with these alternative requirements. There was not an adequate basis either for concluding that the psychotherapist-patient privilege under section 90.503 was waived or for compelling Mrs....

...Scully placed her medical and psychiatric condition at issue in this case through her disability discrimination claim and her request for emotional distress damages. Accordingly, the trial court properly determined that the records were discoverable. See § 90.503(4)(c), Fla....

...ile mental and emotional health rendered her unable to care for their minor child during a certain period. The former wife, however, denied in deposition testimony that she was ever unable to care for the minor child due to any mental health issues. Section 90.503, Florida Statutes (2003), protects a patient's communications with a licensed or certified psychologist as well as communications made to a licensed or certified mental health counselor. However, for matters to come within the protection of section 90.503, they must be confidential and made for the purpose of diagnosing or treating a mental or emotional condition....

...Petitioner filed written objections to requests 10, 11, 12, and 13 on the grounds that "the information sought is irrelevant, immaterial, and [not] calculated to lead to the discovery of admissible evidence. Further, the information sought is privileged." In his motion for rehearing, petitioner cited to section 90.503, Florida Statutes (2001), the psychotherapist-patient privilege....

...rial court indicated in a subsequent order that petitioner was to produce in camera the items requested in 10, 11, 12, and 13. However, in a criminal case the Third District has held that in order to obtain in camera review of privileged items under section 90.503, a defendant must first, by sworn motion, establish a reasonable probability that the privileged matters contain material information necessary to his defense....

...s the individual names of a particular class of petitioner's patients. We quash that portion of the trial court's order compelling petitioner to comply with this request. Although the details of the relationships, if any, may not be privileged under section 90.503, the names of the patients clearly are, since they were disclosed for the purpose of diagnosis or treatment....

...equest. In request 13, respondent demanded "[a]ll documents which evidence, relate[,] *202 or pertain to correspondence authored by you or received from any former or current patient." The names of the current or former patients are privileged under section 90.503, and any correspondence relating to diagnosis or treatment would also be privileged. § 90.503(2)....

...Petitioner objected on the procedural ground that once an objection was interposed to a Rule 1.351 notice, discovery must proceed under Rule 1.310 which requires taking the deposition of the custodian of the records sought. Second, petitioner objected on grounds of privilege and relevancy. Petitioner argued that section 90.503(2), Florida Statutes, prohibits the disclosure of confidential records or communications between the patient and psychotherapist made for the purpose of diagnoses or treatment of the patient's mental or emotional condition, including a...

...4th DCA 1971), the court allowed a "balancing of the rights of the respective parties" and held that only relevant information about the party's mental health should be disclosed and that the court should take protective measures to see that irrelevant matters are not disclosed. See also § 90.503(4)(c), Fla....

...Henry answered, denying the allegations of the petition, and discovery commenced. Depositions of Drs. Thio and Dillon were submitted, but a protective order was granted barring the deposition of Dr. Roundtree, after Hattie intervened and asserted the psychotherapist-patient privilege pursuant to Section 90.503, Florida Statutes (1983)....

...Henry. Therefore, no conflict exists on this issue so as to preclude summary judgment. We agree that the trial court erred in excluding Dr. Roundtree's deposition on the ground of the psychotherapist-patient privilege asserted by Hattie pursuant to Section 90.503....

...eotypical notions of how a woman should behave. This expert, however, testified on deposition that she did not meet with or speak to petitioner, nor did she evaluate her. She was merely testifying based on the facts. Petitioner seeks review based on section 90.503(2), Florida Statutes (2008), which protects a patient from having to disclose confidential communications or records made for the purpose of diagnosis or treatment of the patient's mental or emotional condition. Under section 90.503(4)(c), there is no privilege for communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies on that condition as an element of a claim or defense....

...hat the request was overbroad, burdensome, oppressive, and not likely to lead to admissible, relevant evidence. In addition, the wife asserted that her medical and mental health communications and records were confidential and privileged pursuant to section 90.503(2), Florida Statutes (2007), which deals with the psychotherapist-patient privilege, and section 456.057(7), Florida Statutes (2007), which relates to the confidentiality of patient medical records....

...Galen Health Care, Inc., 911 So.2d 277, 279 (Fla. 2d DCA 2005)). *185 B. Contact Information for Medical and Mental Health Professionals Is Protected by Neither the Psychotherapist-Patient Privilege nor Physician-Patient Confidentiality Florida's psychotherapist-patient privilege is set forth in section 90.503(2), which provides that "[a] patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of the patient's mental or emotional condition....

Constitutions, and his rights guaranteed by section 90.503, Florida Statutes (1981), and article I, section

...Under the psychotherapist-patient privilege, a patient has a privilege to refuse to disclose confidential information or records made for the purpose of diagnosis or treatment of mental conditions, including any diagnoses made by the psychotherapist. § 90.503(2), Fla....

...The psychotherapist-patient privilege does not apply: (1) during involuntary commitment proceedings, (2) when there is a court-ordered mental examination, or (3) when the patient raises and relies on the issue of his or her mental condition in litigation as part of any claim or defense. § 90.503(4); Roberson, 884 So.2d at 980; State v....

...Petition granted in part and denied in part; order quashed in part. FULMER and CANADY, JJ., Concur. NOTES [1] In this opinion, we have used the petitioner's initials to protect her privacy. [2] §§ 394.451-.4789, Fla. Stat. (2005). The Baker Act is also known as "The Florida Mental Health Act." § 394.451. [3] § 90.503, Fla....

...confidentiality. Fla. R. Civ. P. 1.360. For the same reason, “communications made in the course of a court-ordered examination of the mental or emotional condition of the patient” are excluded from Florida’s psychotherapist-patient privilege. § 90.503(4)(b), Fla....

...Crystal Oswald filed a Petition for Writ of Certiorari seeking review of a nonfinal discovery order. She asserts that the trial court erred in granting respondent's motion to compel her to release her medical records in a child custody case where she invoked the psychotherapist-patient privilege available under section 90.503, Florida Statutes....

...ustodial parent's mental health at issue so as to overcome the privilege. Petitioner's affidavit filed below states that Dr. Browning was engaged in the treatment of her mental or emotional condition and was therefore a psychotherapist as defined in section 90.503(1)(a), Florida Statutes....

...We find accordingly that petitioner is entitled to the statutory privilege to the extent of such treatment or diagnosis. However, as respondent correctly alleges, Florida does not recognize a general doctor-patient privilege. Fidelity and Casualty Co. of New York v. Lopez, 375 So.2d 59 (Fla. 4th DCA 1979). Section 90.503(2), Florida Statutes, provides: A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of his mental or em...

...The wife seeks greater time with her children. The husband argues that the wife put her mental health at issue following an alleged suicide attempt in January 2010 1 — a calamitous event — and asserts that she therefore waived her statutory psychotherapist-patient privilege, under section 90.503, Florida Statutes (2011): (2) A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of the patient’s me...

...Defendant entered a plea of not guilty and chose to participate in discovery. Thereafter, he filed a motion for issuance of a subpoena duces tecum requesting production of the alleged victim's psychiatric records. The state responded that the disclosure would violate the psychotherapist-patient privilege set forth in section 90.503, Florida Statutes (2000)....

...The state argues that the order is a departure from the essential requirements of law. We agree. In State v. Pinder, 678 So.2d 410 (Fla. 4th DCA 1996), the Fourth District Court of Appeal addressed the issue of disclosure of communications protected by section 90.5035, Florida Statutes (1995), the sexual assault counselor-victim privilege. The court said: Disclosure of material protected by section 90.5035 undermines the reasons for the privilege....

...ngers of lenient disclosure and the availability of broad pretrial discovery, a defendant must satisfy a stringent test to justify in camera disclosure of privileged matters. To obtain in camera review of confidential communications or records under section 90.5035, a defendant must first establish a reasonable probability that the privileged matters contain material information necessary to his defense....

...Only then may a trial court conduct an in camera hearing to determine if, in fact, the privileged communications contain such information. Id. at 417, 619 A.2d 232. See also Katlein v. State, 731 So.2d 87 (Fla. 4th DCA 1999). We agree with our sister court and find the same analysis applicable to section 90.503....

...There is no suggestion, however, that she is incompetent to testify or that her mental faculties are in question. [2] Williams v. State, 110 So.2d 654 (Fla.1959). [3] In Katlein, the Fourth District, discussing its previous decision in Pinder, explained that section 90.5035 provides an absolute privilege "because the statute contains no exceptions." Katlein, 731 So.2d at 89. Section 90.503 contains three exceptions within its text and an additional one in section 456.059, Florida Statutes (2001)....

...ological treatment both before and after the accident. We grant the petition and quash the trial court’s order. Petitioner has not made his mental condition a defense in the civil action he is defending. Accordingly, there is no waiver pursuant to section 90.503(4)(c), Florida Statutes (1993)....

...In Saenz , participation in the deferred prosecution program was a benefit, not a constitutional right, which the defendant chose despite the warning that his psychiatric records would be disclosed to a third party, who was not one of the persons listed in section 90.503 to whom disclosure could be made without destroying confidentiality....

...considered first. Lee , 208 So.3d at 256 . We conclude that the trial court has departed from the essential requirements of law by ordering production of J.B.'s mental health records without first finding that an exception to the privilege applies. Section 90.503, Florida Statutes (2017), which codifies the privilege, specifically provides as follows: (2) A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made...

...participating in the diagnosis or treatment under the direction of the psychotherapist. This privilege includes any diagnosis made, and advice given, by the psychotherapist in the course of that relationship. In defining the scope of the privilege, section 90.503(4) lists three exceptions to the privilege: (a) involuntary commitment proceedings; (b) court-ordered mental examinations; and (c) where the patient raises his or her own mental condition during the litigation....

...has the right to prevent disclosure of her records, and thus, the trial court departed from the essential requirements of law by ordering disclosure. See State v. Famiglietti , 817 So.2d 901 , 903-04 (Fla. 3d DCA 2002). Although, Barahona failed to raise any of the exceptions listed in section 90.503(4), she argues that she is nevertheless entitled to the records under sections 456.057 and 395.3025, Florida Statutes (2017), both of which she claims are exceptions to section 90.503. The former governs general medical records. The latter governs patient and personnel records. Based on our review of sections 395.3025, 456.057, and 90.503, and the relevant case law, we reject this argument....

...ibited by law , upon the issuance of a subpoena from a court of competent jurisdiction and proper notice to the patient or the patient's legal representative by the party seeking such records. (emphasis added). The privilege at issue, as codified by section 90.503, is the otherwise prohibited by law provision that precludes disclosure of J.B.'s psychological records. Thus, the statutes do not support Barahona's claim that she need not establish one of the enumerated exceptions in section 90.503(4) because she may compel disclosure under sections 395.3025 and 456.057....

...terests of the patient by allowing the examination to take place even though he was in custody as an arrestee. The court also found that the statement made by Defendant to the psychotherapist was a confidential communication within the definition of section 90.503 of the Florida Statutes, and that the statement was not intended to be disclosed to anyone beyond the doctor or the deputy, whose presence helped facilitate the examination. After the hearing, the trial court granted Defendant’s motion to exclude the statement, finding it was privileged under section 90.503, not waived by the deputy’s presence, and not the product of a custodial interrogation. This appeal followed.1 1 Florida Rule of Appellate Procedure 9.140(c)(1)(B) permits a State appeal from an order “suppressing before trial confessions, admissions, or evidence obtained by search and seizure.” In this case, the State has challenged an evidentiary ruling after Defendant moved to suppress the statement as privileged under section 90.503, Florida Statutes....

...waive the privilege. In fact, the plain wording of the statute clearly anticipates that the presence of third parties may be necessary to effectuate communication in the context of a therapeutic encounter, or to otherwise further the patient’s interests.2 Section 90.503(1)(c)1.-3., Florida Statutes (2012), provides: (1)(c) A communication between psychotherapist and patient is “confidential” if it is not intended to be disclosed to third persons other than: 1....

...Those persons necessary for the transmission of the communication. 3. Those persons who are participating in the diagnosis and treatment under the direction of the psychotherapist. (Emphasis added). Subsection one of the comments to section 90.503 states: A communication is “confidential” if made in the interest of treatment by the psychotherapist and not intended for general dissemination....

...Similar language regarding the confidentiality of communications made in the presence of certain third parties can be found in many of 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.)....

...nce, along with the therapist and patient, are required for providing mental health treatment. Under the circumstances presented here, the deputy’s presence during the examination was necessary “for the transmission of the communication” under section 90.503(1)(c)2....

...Petitioner brings this petition for writ of certiorari to review an order that denies his motion for protective order. We grant relief in part and remand for the trial court to further consider the relationship between petitioner and Dr. Seidman and whether petitioner was a "patient" as contemplated by Florida Statute section 90.503(1)(b), and whether he waived any such protection....

...The State of Florida does recognize psychiatric-patient privilege when the psychiatrist merely treated the patient, and such treatment was not solely for trial preparation. Ursry v. Florida, 428 So.2d 713, 714 (Fla. D.C.A. 4th 1983); Pouncy v. State, 353 So.2d 640, 641 (Fla. D.C.A. 3d 1977); Fla.Stat.Ann. § 90.503 (West 1990)....

prior to the final judgment of dissolution. Section 90.503, Florida Statutes (1989), provides that a person

...ourt's considering the Third Motion in conjunction with the other two motions. . The action subsequently was removed to federal court by the Defendants. . The psychotherapist-patient privilege arguably would apply to these records. See Fla.Stat.Ann. § 90.503 (West 1979 & Supp.1993)....

...cords under section 39.202); J.B. v. State, 250 So. 3d 829 (Fla. 3d DCA) (explaining that a patient’s confidential communications or records made for the purpose of diagnosis or treatment of a mental or emotional condition are privileged under section 90.503, Florida Statutes (2017), subject to three statutory exceptions, and the burden is on the person seeking disclosure of the patient’s records to demonstrate that one of those exceptions applies). In the instant case, the tria...

...(2013) (providing that, with few exceptions, medical records may not be furnished to any person other than the patient or the patient’s legal representative or other treating health care providers, except upon written authorization of the patient). Third, section 90.503(2) provides that under the psychotherapist-patient privilege, a patient has a privilege to refuse to disclose confidential information or records made for the purpose of diagnosis or treatment of mental conditions, including any diagnoses made by the psychotherapist....

...involuntary commitment proceedings, (2) when there is a court-ordered mental examination, or (3) when the patient, or a party after the patient’s death, raises and relies on the issue of the patient’s mental condition in litigation as part of any claim or defense. § 90.503(4), Fla....

PER CURIAM. We grant the petition for a writ of certio-rari and quash an order compelling discovery of information claimed to be protected under section 90.503, Florida Statutes (1993), the psychotherapist-patient privilege....

...uing the relationship. Dr. Thomas also stated that she had notes concerning the visits. After the doctor’s deposition, Respondent filed a motion to compel. The trial court concluded that the exception to the psychotherapist-patient privilege in subsection 90.503(4)(c), Florida Statutes, was applicable and compelled discovery....

...*66 Muller were not one and the same. It appears that Ms. Rittenhouse exchanged confidential communications with Dr. Thomas solely incident to being treated by the doctor for depression and anxiety, conditions unrelated to this action. The exception in subsection 90.503(4)(c) is not applicable to such communications, which are entitled to protection if privileged....

...case, the plaintiff has not alleged a claim for mental anguish. Under Byxbee , his claim for “loss of enjoyment of life” “without more, does not place the mental or emotional condition of the plaintiff at issue so as to waive the protection of section 90.503.” Partner-Brown v....

...The trial court granted Respondents' motion and compelled Rickey to provide his psychological records to Respondent. Production was stayed, pending review of the order by certiorari. There is no question that Petitioner has the authority to claim the psychotherapist/patient privilege on Rickey's behalf. § 90.503(3)(b), Fla. Stat. (2005). The privilege has statutory limitations and may be waived. Pursuant to section 90.503(4)(c), Florida Statutes (2005), there is no privilege [f]or communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his o...

...ontain information that would be relevant for impeachment purposes or in connection with a defense that the injuries complained of are the result of some preexisting mental or emotional condition. 939 So.2d 249 (Fla. 1st DCA 2006). We held that "the section 90.503(4)(c) exception applies only when the patient —rather than some party who opposes the patient in litigation — places his mental or emotional condition in issue." Id....

psychotherapist/patient privilege on Rickey’s behalf. § 90.503(3)(b), Fla. Stat. (2005). The privilege has statutory

...motion to compel Rodriguez to sign a medical authorization for his healthcare providers to produce his medical records and to testify as to the records and Rodriguez’s medical condition. Rodriguez objected and asserted a psychotherapist-patient privilege, pursuant to section 90.503(2), Florida Statutes (2017)....

...postjudgment appeal. Bd. of Trs. of Internal Improvement Trust Fund v. Am. Educ’l Enters., LLC, 99 So. 3d 450, 454 (Fla. 2012); Reeves v. Fleetwood Homes of Fla., Inc., 889 So. 2d 812, 822 (Fla. 2004); Rousso v. Hannon, 146 So. 3d 66 (Fla. 3d DCA 2014). Section 90.503(2) provides: 4  A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose...

...involuntary commitment proceedings; (b) made in the course of a court-ordered mental examination; or (c) relevant to an issue of the patient’s mental or emotional condition which the patient relies upon as an element of his or her claim or defense. See § 90.503(4)(a)-(c), Fla....

...In this case, the expert was selected by the respondent, and the examination was not compulsory. Parkin , accordingly, provides no privilege against self-incrimination. Nor is there a psychotherapist-patient privilege, where, as here, the patient is relying on a mental condition as a defense. § 90.503(4)(c), Fla....

...d 339-495, which included psychological testing and evaluation by a clinical psychologist, a psychiatric interview, and an addiction assessment. Doherty's objection as to both documents was based on the psychotherapist-patient privilege described in section 90.503, [1] which protects from disclosure to third parties the confidential communications between the patient and the psychotherapist and the records of mental health treatment....

...tory without reference to allegations of child abuse, including psychological testing. We conclude that the trial court must conduct a further in camera inspection to determine specifically which portions of the 2002 evaluation that are protected by section 90.503, the psychotherapist-patient privilege, do not concern communications involving known or suspected child abuse, and thus remain privileged....

...mine which portions constitute communications involving Doherty in any situation involving known or suspected child abuse, abrogating the privilege only to the extent of such communications. Granted. GUNTHER, WARNER and POLEN, JJ., concur. NOTES [1] Section 90.503(2), Florida Statutes, provides as follows: (2) A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of t...

...ent, that he was discharged because he tested positive for marijuana, and that he had admitted to her that he had used drugs. Appellant argues that his communications with his counselor were privileged as mental health treatment communications under section 90.503, Florida Statutes (2004)....

...The first district denied the petition, explaining: By signing the deferred prosecution agreement, Saenz indicated that he intended his subsequent communications with the psychotherapists to be communicated to a third person other than those set out in section 90.503(1), i.e., his probation officer....

...law recommending the parties’ minor child attend counseling. The court order required the parties to agree on a counselor within fifteen days and included that “[a]ll communications between the child and her therapist shall remain confidential as provided in Florida law, Section 90.503, Florida Statutes.”  Former Wife submitted three potential counselors for Former Husband’s consideration....

...counselor and the child would be confidential, this was not sufficiently explicit to provide fair notice to the parties that neither parent could request these notes, since ordinarily parents have the right of access to their children’s records. See § 90.503, Fla. Stat. (2019). Section 90.503(1), 2 Florida Statutes (2019), “psychotherapist-patient privilege” allows for certain communication disclosures: (c) A communication between psychotherapist and patient is “conf...

...Those persons necessary for the transmission of the communication. 3. Those persons who are participating in the diagnosis and treatment under the direction of the psychotherapist. The privilege may be claimed by a “guardian or conservator of the patient.” § 90.503(3)(b), Fla....

...specifically preclude the actions challenged.”). We cannot interpret the plain language in the April 2020 order without considering its reference to the statute. The court order specified that the scope of confidentiality was “as provided in” section 90.503, which gives the right of confidentiality to the patient. In the case of a minor, the privilege belongs to the guardian, which would be either Former Wife or Former Husband in this case. See § 90.503, Fla....

...Former Wife could not have violated an order to keep the communications confidential as 3 provided by a statute that ostensibly gives her, as a parent, rights to assert or waive the confidential privilege. See § 90.503, Fla....

rendition of legal services to the client. . Section 90.503(2), Florida Statutes (1993) provides that:

...attorney would violate the attorney-client privilege). The fact that H.A.W. had been adjudicated delinquent and sentenced before the court ordered defense counsel to release the evaluation does not waive H.A.W.'s privileges under sections 90.502 and 90.503....

...ege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidential communications when such other person learned of the communications because they were made in the rendition of legal services to the client. [2] Section 90.503(2), Florida Statutes (1993) provides that: A patient has a privilege to refuse to disclose and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of his me...

...This privilege includes any diagnosis made, and advice given, by the psychotherapist in the course of that relationship. [3] However, these court-ordered reports do not implicate the attorney-client privilege and are specifically exempt from the psychotherapist-patient privilege. See § 90.503(4)(b) ("There is no privilege under this section for communications made in the course of a court-ordered examination of the mental or emotional condition of the patient.") [4] The evaluation was available to defense counsel prior to the di...

...As the order applies to psychologists and psychiatrists, it runs afoul of S.C. v. Guardian Ad Litem, 845 So.2d 953, 960 (Fla. 4th DCA 2003). That case held that in a dependency proceeding, a juvenile “has a right to assert” the psychotherapist/patient privilege pursuant to section 90.503, Florida Statutes (2002), to prevent a court-appointed guardian ad litem from having access to records covered by the privilege....

...He alleges that in preparation of this report, confidential communications between his children and their psychotherapist were improperly disclosed by the psychotherapist to the report’s author without the consent of the minor children, for whom no guardian ad litem was appointed by the trial court, in violation of section 90.503, Florida Statutes (2010)....

...ileged information which would disadvantage him in the proceedings. We deny the petition based on Hughes v. Schatzberg, 872 So.2d 996, 997-98 (Fla. 4th DCA 2004), where we held that a parent lacked standing to assert the statutory privilege found in section 90.503 on behalf of his or her minor child, where the parent is involved in litigation seeking to pursue his or her own interests, and the child is not a party to the underlying action....

DOWNEY, Judge. The issue in this appeal from a non-final order, which we treat as a petition for writ of certiorari, involves the application of the psychotherapist-patient privilege afforded by section 90.503, Florida Statutes (1983)....

communications an evidentiary privilege, provided in section 90.503, Florida Statutes. Furthermore, and perhaps

of a psychotherapist-patient privilege under section 90.503, Florida Statutes (1979). The trial court concluded

...first. Lee, 208 So. 3d at 256. We conclude that the trial court has departed from the essential requirements of law by ordering production of J.B.’s mental health records without first finding that an exception to the privilege applies. Section 90.503, Florida Statutes (2017), which codifies the privilege, specifically provides as follows: (2) A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications o...

...diagnosis or treatment under the direction of the psychotherapist. This privilege includes any diagnosis made, and advice given, by the psychotherapist in the course of that relationship. In defining the scope of the privilege, section 90.503(4) lists three exceptions to the privilege: (a) involuntary commitment proceedings; (b) court- ordered mental examinations; and (c) where the patient raises his or her own mental condition during the litigation....

...6 from the essential requirements of law by ordering disclosure. See State v. Famiglietti, 817 So. 2d 901, 903-04 (Fla. 3d DCA 2002). Although, Barahona failed to raise any of the exceptions listed in section 90.503(4), she argues that she is nevertheless entitled to the records under sections 456.057 and 395.3025, Florida Statutes (2017), both of which she claims are exceptions to section 90.503. The former governs general medical records. The latter governs patient and personnel records. Based on our review of sections 395.3025, 456.057, and 90.503, and the relevant case law, we reject this argument. First, subparagraph (2) of section 395.3025 explicitly states that section 395.3025 “does not apply to records maintained at any licensed facility the primary function of which is...

...the issuance of a subpoena from a court of competent jurisdiction and proper notice to the patient or the patient’s legal representative by the party seeking such records. (emphasis added). The privilege at issue, as codified by section 90.503, is the otherwise prohibited by law provision that precludes disclosure of J.B.’s psychological records. Thus, the statutes do not support Barahona’s claim that she need not establish one of the enumerated exceptions in section 90.503(4) because she may compel disclosure under sections 395.3025 and 456.057. The case law likewise does not support Barahona’s claim....

...munications with his psychotherapists in regard to the sexual battery "because he made the communication when he did not have a reasonable expectation of privacy and because he consented to the disclosure of a significant part of the communication." Section 90.503(2), Florida Statutes, gives a patient the privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of his mental or emotional condition, including alcoholism and other drug addiction, between himself and his psychotherapist, or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist. *1063 Section 90.503(1)(c) defines a "confidential" communication as one not intended to be disclosed to third persons other than: 1....

...Those persons present to further the interest of the patient in the consultation, examination, or interview. 2. Those persons necessary for the transmission of the communication. 3. Those persons who are participating in the diagnosis and treatment under the direction of the psychotherapist. Section 90.503(4)(c) provides that there is no privilege for communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which he relies upon the condition as an element of his claim or defense ......

...significant part of the matter or communication. By signing the deferred prosecution agreement, Saenz indicated that he intended his subsequent communications with the psychotherapists to be communicated to a third person other than those set out in section 90.503(1)(c), i.e., his probation officer....

...on due to the applicant's failure to comply with these requirements did not violate the statutory psychotherapist-patient privilege because by filing the application, the applicant had himself placed his mental and emotional fitness in issue, citing section 90.503(4)(c)....

...sue and consenting to disclosure of his communications to the probation officer, and by subsequently communicating with the psychotherapists with the knowledge that those communications would be disclosed to a third person other than those listed in section 90.503(1)(c)....

...ychologist, and saw a psychologist. The parents subpoenaed the psychologist and sought her records. The trial court denied Carson's motion for a protective order. The appellate court denied her petition for writ of certiorari, finding that while the section 90.503(4)(b) exception to the privilege for "court-ordered examinations" did not apply, the privilege was specifically abrogated by section 415.512 with respect to evidence in "any judicial proceeding relating to child abuse or neglect." Cars...

...tal anguish or mental pain and suffering arising from the accident in issue, the trial court order requiring that her psychiatric records be produced for its in camera inspection ran directly afoul of the psychotherapist-patient privilege created by section 90.503, Florida Statutes (2007), and therefore must be quashed....

...Hicks, one that exists to encourage patients to seek counseling and condition, . . . between the patient and the psychotherapist[.] . . . This privilege includes any diagnosis made, and advice given, by the psychotherapist in the course of that relationship.” § 90.503(2), Fla....

...(2019). 2 The psychotherapist-patient privilege may be claimed by 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.” Id. § 90.503(3)(d). 2 treatment for psychological harm....

pre-accident psychological records is relevancy. See § 90.503(4)(c), Fla.Stat. (1993); Sykes v. St. Andrews

654 (Fla. 4th DCA 1976), and it is barred by section 90.503, Florida Statutes (1981). That statute provides:

...The claimant argues that the challenged order departs from the essential requirements of law and will result in irreparable harm because Dr. Hudson will be required to disclose information that is protected by the psychotherapist-patient privilege in section 90.503, Florida Statutes....

...as irremediable harm.” Zarzaur v. Zarzaur, 213 So. 3d 1115, 1117 (Fla. 1st DCA 2017). A person has the right to prevent the disclosure of “confidential communications or records made for the purpose of diagnosis or treatment of the patient’s mental or emotional condition.” § 90.503(2), Fla....

...ordance with applicable law. PHS will insure that inmate medical confidentiality policies meet all requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). All inmate records are and shall remain the property of CCSO. Section 90.503, Florida Statutes (2011), recognizes a psychotherapist-patient privilege and carves out three exceptions— none of which apply here....

...The psychotherapist-patient privilege grants a patient the “privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of the patient’s mental or emotional condition.” § 90.503(2), Fla. Stat. This privilege may be asserted by the patient, the patient’s guardian, or the psychotherapist. § 90.503(3), Fla....

of these records and husband seeks review. Section 90.503(4)(c), Florida Statutes (1991), provides that

...The jury was instructed on pain and suffering damages. The plaintiff argues that the trial court should have restored the psychotherapist privilege once she withdrew the claim for pain and suffering damages, as her other claims did not relate to mental injury. Section 90.503(2), Florida Statutes (2015), provides the following in pertinent part: A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or...

...This privilege includes any diagnosis made, and advice given, by the psychotherapist in the course of that relationship. The privilege may be claimed by, among other persons, the patient or the patient’s attorney on the patient’s behalf. § 90.503(3)(a), Fla....

...The statute further provides that the privilege does not apply to “communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his or her claim or defense.” § 90.503(4)(c), Fla....

...The wife seeks certio-rari review of this order. We grant certiorari and hold that the trial court departed from the essential requirements of the law when it ruled that the husband could receive records from the wife’s psychiatrist. This ruling violates the psychotherapist-patient privilege, § 90.503, Fla.Stat....

...M.’s treatment from discovery in the civil malpractice action, does not constitute a departure from the essential requirements of law. Alternatively, petitioners argue that the information ordered disclosed by the trial court is protected from such disclosure by the psychotherapist-patient privilege contained in section 90.503, Florida Statutes (1991)....

...evidence was being used “to rebut her alleged statements . . . to Trooper Zook at the jail.” The doctor then testified as to the matters the court ruled were permissible but also testified without objection as to Kramer’s diagnoses. We begin with section 90.503, Florida Statutes (2017), which provides the following, in pertinent part: (2) A patient has a privilege to ....

....... (c) For communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his or her claim or defense . . . . § 90.503(2), (4), Fla. Stat. A “confidential” communication is defined as one between the psychotherapist and patient that “is not intended to be disclosed to third persons” other than specified persons not relevant here. § 90.503(1)(c), Fla....

...Rather, she made an issue of the timing of her ingestion of intoxicants. Further, whatever Kramer might have told a law enforcement officer did not place her mental condition at issue. The focus is on Kramer’s defense at trial, not what she told an officer prior to trial. See § 90.503(4)(c), Fla....

...ologist, Dr. Maura Malloy. The department attached a copy of a release of information for those records signed by Petitioner's mother. Petitioner objected to the release of information on grounds of the psychotherapist/patient privilege, pursuant to section 90.503, Florida Statutes. The trial court initially ordered that all records involving abuse, neglect, or abandonment be released to the parties. However, the trial court, on rehearing, recognized that Petitioner *956 had not waived her privilege under section 90.503 and concluded that it would review the records in camera and release only those records related to Petitioner's parents' statements in therapy, but not any of Petitioner's communications during joint sessions with her parents....

...ge asserted by a competent, mature minor. We, nevertheless, conclude that Petitioner, at a minimum, was entitled to notice and an opportunity to be heard, before any such invasion may be permitted. The psychotherapist/patient privilege, contained in section 90.503(2), Florida Statutes, provides: A patient has a privilege to refuse to disclose, and to prevent any other person *957 from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of the patient...

...the psychotherapist, or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist. This privilege includes any diagnosis made, and advice given, by the psychotherapist in the course of that relationship. § 90.503(2), Fla....

...Certainly no communication between Faulkner and her mental health providers was disclosed, and we do not believe that the limited disclosure made was in any way significant. Accordingly, we issue the writ and quash the order on review. CERTIORARI GRANTED; ORDER QUASHED. PETERSON, ORFINGER and TORPY, JJ., concur. . § 90.503, Fla....

...In the course of discovery, respondents set depositions of mental health care professionals who treated Rosemarie Deslauriers for mental conditions, including depression and suicidal ideations prior to the date of the incident. Petitioner objected on the ground that the records were privileged under section 90.503 of the Florida Evidence Code, while respondents argued that the exception stated in 90.503(4)(e) applied: For communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his or her claim or defense or, after the patient’s death, in any proceeding in which any party relies upon the condition as an element of the party’s claim or defense. § 90.503(4)(c), Fla....