Florida Statute 90.503 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

View Entire Chapter

F.S. 90.503

90.503 Psychotherapist-patient privilege.—

(1) For purposes of this section:

(a) A “psychotherapist” is:

1. A person authorized to practice medicine in any state or nation, or reasonably believed by the patient so to be, who is engaged in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;

2. A person licensed or certified as a psychologist under the laws of any state or nation, who is engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;

3. A person licensed or certified as a clinical social worker, marriage and family therapist, or mental health counselor under the laws of this state, who is engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;

4. Treatment personnel of facilities licensed by the state pursuant to chapter 394, chapter 395, or chapter 397, of facilities designated by the Department of Children and Families pursuant to chapter 394 as treatment facilities, or of facilities defined as community mental health centers pursuant to s. 394.907(1), who are engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction; or

5. An advanced practice registered nurse licensed under s. 464.012, whose primary scope of practice is the diagnosis or treatment of mental or emotional conditions, including chemical abuse, and limited only to actions performed in accordance with part I of chapter 464.

(b) A “patient” is a person who consults, or is interviewed by, a psychotherapist for purposes of diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction.

(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 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.

(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, including alcoholism and other drug addiction, between the patient and 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.

(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.

(d) The psychotherapist, but only on behalf of the patient. The authority of a psychotherapist to claim the privilege is presumed in the absence of evidence to the contrary.

(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.

(b) For communications made in the course of a court-ordered examination of the mental or emotional condition of the patient.

(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 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.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 40, ch. 90-347; s. 1, ch. 92-57; s. 19, ch. 93-39; s. 475, ch. 95-147; s. 28, ch. 99-2; s. 5, ch. 99-8; s. 1, ch. 2006-204; s. 30, ch. 2014-19; s. 7, ch. 2018-106.

F.S. 90.503 on Google Scholar

F.S. 90.503 on CourtListener

Amendments to 90.503

Annotations, Discussions, Cases:

Cases Citing Statute 90.503

Total Results: 125

Westerheide v. State

831 So. 2d 93, 2002 WL 31319386

Supreme Court of Florida | Filed: Oct 17, 2002 | Docket: 1722942

Cited 151 times | Published

Inc., 739 So.2d 142, 143 (Fla. 5th DCA 1999). Section 90.503(2), Florida Statutes (2001), provides that

Rickey E. Haney v. Mizell Memorial Hospital, a Corporation Dr. John Meigs

744 F.2d 1467, 40 Fed. R. Serv. 2d 338, 16 Fed. R. Serv. 1220, 1984 U.S. App. LEXIS 17331

Court of Appeals for the Eleventh Circuit | Filed: Oct 26, 1984 | Docket: 288268

Cited 73 times | Published

psychotherapist-patient privilege. See Fla.Stat. § 90.503 (1983). Haney, however, apparently ignores that

Florida Hosp. Waterman, Inc. v. Buster

984 So. 2d 478, 2008 WL 596700

Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1288177

Cited 68 times | Published

(2006) (providing for lawyer-client privilege); § 90.503, Fla. Stat. (2006) (providing for psychotherapist-patient

Gerald Eugene Stano v. Richard L. Dugger, Robert A. Butterworth

901 F.2d 898, 1990 U.S. App. LEXIS 6839, 1990 WL 56499

Court of Appeals for the Eleventh Circuit | Filed: May 1, 1990 | Docket: 934296

Cited 65 times | Published

ultimate issue of guilt or innocence. Fla.Stat. § 90.503 (1979); Parkin v. State, 238 So.2d 817, 823 (Fla

Boynton v. Burglass

590 So. 2d 446, 1991 WL 188025

District Court of Appeal of Florida | Filed: Dec 24, 1991 | Docket: 2517205

Cited 38 times | Published

privilege is codified in the Florida Evidence Code, section 90.503, Florida Statutes (1985), which provides that

Floyd v. State

18 So. 3d 432, 34 Fla. L. Weekly Supp. 359, 2009 Fla. LEXIS 860, 2009 WL 1544273

Supreme Court of Florida | Filed: Jun 4, 2009 | Docket: 2531313

Cited 23 times | Published

psychotherapist in the course of that relationship. § 90.503(2), Fla. Stat. (2005). This privilege may be claimed

Nussbaumer v. State

882 So. 2d 1067, 2004 WL 1905897

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1289609

Cited 20 times | Published

a motion to quash the subpoena pursuant to section 90.503, the psychotherapist-patient privilege. The

Durocher v. State

596 So. 2d 997, 1992 WL 24974

Supreme Court of Florida | Filed: Feb 13, 1992 | Docket: 1707280

Cited 18 times | Published

been privileged under Florida's evidence code. § 90.503, Fla. Stat. (1989).

Baron v. Baron

941 So. 2d 1233, 2006 WL 3328586

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 2569022

Cited 16 times | Published

daughter chose to exercise it. We disagree. Section 90.503(3)(d), Florida Statutes (2005), allows a psychotherapist

In Re Amendments to Fla. Evidence Code

782 So. 2d 339, 25 Fla. L. Weekly Supp. 909, 2000 Fla. LEXIS 2043, 2000 WL 1587794

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 456391

Cited 14 times | Published

prosecutions); 99-2, section 28 (reenacting section 90.503, Florida Statutes, Psychotherapist-patient

Palm Beach County School Bd. v. Morrison

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

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

Cited 14 times | Published

violates the psychotherapist-patient privilege in section 90.503, Florida Statutes (1991).[1] The psychotherapist-patient

Attorney Ad Litem for DK v. Parents of DK

780 So. 2d 301, 2001 Fla. App. LEXIS 3473, 2001 WL 273834

District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 1708825

Cited 13 times | Published

the records of her psychotherapist, citing section 90.503. Who may claim this privilege, or waive it

Peisach v. Antuna

539 So. 2d 544, 1989 WL 19535

District Court of Appeal of Florida | Filed: Mar 7, 1989 | Docket: 245284

Cited 12 times | Published

afoul of the psychotherapist-patient privilege, section 90.503, Florida Statutes (1987). The husband claims

Fidelity & Cas. Co. of NY v. Lopez

375 So. 2d 59

District Court of Appeal of Florida | Filed: Sep 26, 1979 | Docket: 1705309

Cited 11 times | Published

Pamphlet, Evidence Code, Florida Statutes Annotated § 90.503, Sponsors Note. Accordingly the order of January

Jackson v. State

833 So. 2d 243, 2002 WL 31870170

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1258860

Cited 10 times | Published

psychotherapist-patient privilege, listed in section 90.503(2), Florida Statutes, has been abrogated by

Schouw v. Schouw

593 So. 2d 1200, 1992 WL 29066

District Court of Appeal of Florida | Filed: Feb 19, 1992 | Docket: 446265

Cited 10 times | Published

psychotherapist-patient privilege found in section 90.503(2), Florida Statutes (1991), which provides:

State v. Famiglietti

817 So. 2d 901, 2002 WL 879409

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

Cited 9 times | Published

psychotherapist-patient privilege is a right provided by law. § 90.503, Fla. Stat. (2001). Second, the defense has not

State v. Tsavaris

382 So. 2d 56

District Court of Appeal of Florida | Filed: Mar 6, 1980 | Docket: 1255198

Cited 9 times | Published

separate matter. § 90.242, Fla. Stat. (1975); § 90.503, Fla. Stat. (1979).

Guerrier v. State

811 So. 2d 852, 2002 WL 463655

District Court of Appeal of Florida | Filed: Mar 28, 2002 | Docket: 1723584

Cited 8 times | Published

privilege. Therefore, when the Legislature enacted section 90.503, Florida Statutes, it created a privilege where

SYKES EX REL. SYKES v. St. Andrews School

619 So. 2d 467, 1993 WL 192121

District Court of Appeal of Florida | Filed: Jun 9, 1993 | Docket: 1721657

Cited 8 times | Published

psychotherapist/patient privilege, which is spelled out in section 90.503, Florida Statutes (1991). The psychotherapist/patient

McIntyre v. McIntyre

404 So. 2d 208

District Court of Appeal of Florida | Filed: Oct 7, 1981 | Docket: 1782237

Cited 8 times | Published

psychotherapist-patient privilege found in section 90.503, Florida Statutes (1979). We agree and grant

Zarzaur v. Zarzaur

213 So. 3d 1115, 2017 WL 1134816, 2017 Fla. App. LEXIS 3977

District Court of Appeal of Florida | Filed: Mar 27, 2017 | Docket: 60263449

Cited 7 times | Published

has a psychotherapist-patient privilege under section 90.503(2) of the Florida Statutes as to confidential

Wheeler v. State

124 So. 3d 865, 2013 WL 3214434

Supreme Court of Florida | Filed: Jun 27, 2013 | Docket: 60235573

Cited 7 times | Published

nt privilege on behalf of Wheeler based on section 90.503(l)(c), Florida Statutes (2006), or otherwise

Department of Children & Family Services v. S.H.

49 So. 3d 846, 2010 Fla. App. LEXIS 19079

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 60296870

Cited 7 times | Published

invoke the psychotherapist-patient privilege. See § 90.503(2), Fla. Stat. (2008). . We note that in conjunction

Delaurentos v. Peguero

47 So. 3d 879, 2010 Fla. App. LEXIS 15838, 2010 WL 4103518

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 2398409

Cited 7 times | Published

psychotherapist-patient privilege, which is found in section 90.503, Florida Statutes (2009). According to that

Hjm v. Brc

603 So. 2d 1331, 1992 WL 191324

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

Cited 7 times | Published

psychotherapist-patient privilege contained in section 90.503, Florida Statutes (1991). The record shows

Carson v. Jackson

466 So. 2d 1188, 10 Fla. L. Weekly 868

District Court of Appeal of Florida | Filed: Apr 3, 1985 | Docket: 1525013

Cited 7 times | Published

subpoena is privileged under section 90.503, Florida Statutes (1983). Section 90.503 provides in part: (2) A

Miraglia v. Miraglia

462 So. 2d 507, 10 Fla. L. Weekly 85

District Court of Appeal of Florida | Filed: Dec 28, 1984 | Docket: 1509962

Cited 7 times | Published

psychiatrist, based on the privilege enunciated in Section 90.503(4)(c), Florida Statutes (1983). The father

In Re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

13 So. 3d 1025, 34 Fla. L. Weekly Supp. 405, 2009 Fla. LEXIS 1020, 2009 WL 1956384

Supreme Court of Florida | Filed: Jul 9, 2009 | Docket: 1188234

Cited 6 times | Published

The psychotherapist-patient privilege under section 90.503, Florida Statutes, does not apply to any communication

Partner-Brown v. Bornstein

734 So. 2d 555, 1999 Fla. App. LEXIS 7454, 1999 WL 356089

District Court of Appeal of Florida | Filed: Jun 4, 1999 | Docket: 1442729

Cited 6 times | Published

psychiatric records are protected from discovery by section 90.503, Florida Statutes (1997), which provides in

Belmont v. North Broward Hosp. Dist.

727 So. 2d 992, 1999 WL 31152

District Court of Appeal of Florida | Filed: Jan 27, 1999 | Docket: 1730185

Cited 6 times | Published

is a psychotherapist-patient privilege under section 90.503, Florida Statutes (1997), but there is no privilege

Thompson v. State

615 So. 2d 737, 1993 WL 40431

District Court of Appeal of Florida | Filed: Feb 19, 1993 | Docket: 1658795

Cited 6 times | Published

were not protected by the privilege asserted. Section 90.503, Florida Statutes (1989), articulates the

Arias v. State

593 So. 2d 260, 1992 WL 4083

District Court of Appeal of Florida | Filed: Jan 14, 1992 | Docket: 446300

Cited 6 times | Published

limited psychotherapist/patient privilege. See § 90.503, Fla. Stat. (1989).[3] Dr. Poster was not a *264

Deehl v. Knox

414 So. 2d 1089

District Court of Appeal of Florida | Filed: May 11, 1982 | Docket: 1358644

Cited 6 times | Published

testify. § 90.501, Fla. Stat. (1979); see also § 90.503 (psychotherapist-patient privilege); § 90.504

In Re Amendments to the Fl. Evidence Code

960 So. 2d 762, 32 Fla. L. Weekly Supp. 500, 2007 Fla. LEXIS 1231, 2007 WL 2002629

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1406563

Cited 5 times | Published

evidence. In 2006, the Legislature amended section 90.503, Florida Statutes, to broaden the psychotherapist-patient

Garbacik v. Wal-Mart Transp., LLC

932 So. 2d 500, 2006 Fla. App. LEXIS 9802, 2006 WL 1650004

District Court of Appeal of Florida | Filed: Jun 16, 2006 | Docket: 1684820

Cited 5 times | Published

psychotherapist-patient privilege articulated in section 90.503, Florida Statutes (2003). That statute protects

Woodard v. Jupiter Christian School, Inc.

913 So. 2d 1188, 2005 WL 2508733

District Court of Appeal of Florida | Filed: Oct 12, 2005 | Docket: 1698241

Cited 5 times | Published

his consultation with the chaplain. [4] Compare § 90.503(2) ("A patient has a privilege to refuse to disclose

O'Neill v. O'Neill

823 So. 2d 837, 2002 WL 1877098

District Court of Appeal of Florida | Filed: Aug 16, 2002 | Docket: 1512789

Cited 5 times | Published

psychotherapist-patient privilege set out in section 90.503, Florida Statutes (1998). We reject her contention

Nelson v. Womble

657 So. 2d 1221, 1995 WL 385385

District Court of Appeal of Florida | Filed: Jun 30, 1995 | Docket: 463934

Cited 5 times | Published

are discoverable by the defendants. Although section 90.503, Florida Statutes (1993), establishes a ps

Cantor v. Toyota Motor Sales, USA, Inc.

546 So. 2d 766, 14 Fla. L. Weekly 1676, 1989 Fla. App. LEXIS 3940, 1989 WL 75730

District Court of Appeal of Florida | Filed: Jul 13, 1989 | Docket: 1730985

Cited 5 times | Published

not be disclosed without the patient's consent. § 90.503, Fla. Stat. (1987). The statutory privilege does

Burton v. Becker

516 So. 2d 283, 1987 WL 1272

District Court of Appeal of Florida | Filed: Nov 6, 1987 | Docket: 1678121

Cited 5 times | Published

241 and 768.40, Florida Statutes (1985). In section 90.503 the legislature created a privilege for confidential

Matthew Garcia v. Cynthia Guiles

254 So. 3d 637

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804246

Cited 4 times | Published

deserves with trying to get all that ∗ § 90.503(3)(d) Fla. Stat.

Brown v. Montanez

90 So. 3d 982, 2012 WL 2401100, 2012 Fla. App. LEXIS 10496

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60309738

Cited 4 times | Published

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

Segarra v. Segarra

932 So. 2d 1159, 2006 WL 1751820

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

Cited 4 times | Published

privilege or any other statutory privilege. Section 90.503, Florida Statutes (2004), provides that a patient

State v. Roberson

884 So. 2d 976, 2004 WL 2071196

District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 1683028

Cited 4 times | Published

inspection. We conclude that they are not. Section 90.503(2), Florida Statutes (2003), which defines

Hill v. State

846 So. 2d 1208, 2003 WL 21294021

District Court of Appeal of Florida | Filed: Jun 6, 2003 | Docket: 1301644

Cited 4 times | Published

90.504, and the psychotherapist privilege, section 90.503. The state relies on section 39.204, which

Viveiros v. Cooper

832 So. 2d 868, 2002 WL 31662662

District Court of Appeal of Florida | Filed: Nov 27, 2002 | Docket: 1699994

Cited 4 times | Published

constitute a court-ordered examination under section 90.503(4)(b). Cf. Carson v. Jackson, 466 So.2d 1188

Cohen v. Cohen

813 So. 2d 1060, 2002 WL 562254

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

Cited 4 times | Published

plaintiff's claims does not bring it within the section 90.503(4)(c), Florida Statutes (2000), exception to

McKinlay v. McKinlay

648 So. 2d 806, 1995 WL 1524

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

Cited 4 times | Published

psychotherapist-patient privilege set forth in section 90.503, Florida Statutes, and the lawyer-client privilege

Jett v. State

605 So. 2d 926, 1992 WL 235341

District Court of Appeal of Florida | Filed: Sep 25, 1992 | Docket: 1702374

Cited 4 times | Published

behalf), is set forth in Florida's Evidence Code, section 90.503(2), Florida Statutes (1989). It provides in

Arzola v. Reigosa

534 So. 2d 883, 1988 WL 129157

District Court of Appeal of Florida | Filed: Dec 6, 1988 | Docket: 2552802

Cited 4 times | Published

the condition as an element of his claim... ." § 90.503(4)(c), Fla. Stat. (1987). Contrary to plaintiff's

Hall v. Spencer

472 So. 2d 1205, 10 Fla. L. Weekly 1098

District Court of Appeal of Florida | Filed: May 1, 1985 | Docket: 1793735

Cited 4 times | Published

personnel because they are privileged under section 90.503(2), which concerns confidential communications

Ted K. Brown, former husband v. Valerie Hays Brown, Former Wife

180 So. 3d 1070

District Court of Appeal of Florida | Filed: Nov 22, 2015 | Docket: 3014835

Cited 3 times | Published

trial court decided to exclude the report under section 90.503(2)/ Florida Statutes, because a privilege attaches

Cruz-Govin v. Torres

29 So. 3d 393, 2010 Fla. App. LEXIS 2525, 2010 WL 711744

District Court of Appeal of Florida | Filed: Mar 3, 2010 | Docket: 2487223

Cited 3 times | Published

Morrison, 621 So.2d 464, 468 (Fla. 4th DCA 1993). Section 90.503(2), Florida Statutes (2009), provides that

Troville v. State

953 So. 2d 637, 2007 WL 911879

District Court of Appeal of Florida | Filed: Mar 28, 2007 | Docket: 1317367

Cited 3 times | Published

evidence code, section 90.503; however, there is a specific exception provided in section 90.503(4)(a): (4)

Bandorf v. VOLUSIA COUNTY DEPARTMENT OF CORRECTIONS

939 So. 2d 249, 2006 Fla. App. LEXIS 17194, 2006 WL 2933900

District Court of Appeal of Florida | Filed: Oct 16, 2006 | Docket: 1657537

Cited 3 times | Published

psychotherapist-patient privilege codified in section 90.503, Florida Statutes. Theorizing that some of

Byxbee v. Reyes

850 So. 2d 595, 2003 WL 21396844

District Court of Appeal of Florida | Filed: Jun 18, 2003 | Docket: 1768362

Cited 3 times | Published

psychotherapist-patient privilege contained at section 90.503(2), Florida Statutes (2002). The trial judge

Horne v. Southern Bell Telephone & Telegraph Co.

793 F. Supp. 315, 7 I.E.R. Cas. (BNA) 984, 140 L.R.R.M. (BNA) 2728, 1992 U.S. Dist. LEXIS 11373, 1992 WL 152261

District Court, S.D. Florida | Filed: Jun 23, 1992 | Docket: 800827

Cited 3 times | Published

NOTES [1] Horne also bases his claim on Fla.Stat. § 90.503, which reads in pertinent part: A patient has

Arias v. Urban

595 So. 2d 230, 1992 WL 38324

District Court of Appeal of Florida | Filed: Mar 3, 1992 | Docket: 1299136

Cited 3 times | Published

protective order, the defendants relied upon Section 90.503, Florida Statutes (Supp. 1990), which provides

Scully v. Shands Teaching Hospital & Clinics, Inc.

128 So. 3d 986, 2014 WL 50330, 2014 Fla. App. LEXIS 108

District Court of Appeal of Florida | Filed: Jan 3, 2014 | Docket: 60237260

Cited 2 times | Published

determined that the records were discoverable. See § 90.503(4)(c), Fla. Stat. (2012) (excepting from the

Urbanek v. Urbanek

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

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

Cited 2 times | Published

previously furnished the court with an affidavit. See § 90.503, Fla. Stat. (2009). When denying the motion for

Flood v. Stumm

989 So. 2d 1240, 2008 WL 4148980

District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 2542994

Cited 2 times | Published

psychotherapist-patient privilege recognized in section 90.503, Florida Statutes. The trial court found that

DEVEREUX FLA. TREATMENT NETWORK v. McIntosh

940 So. 2d 1202, 2006 WL 3039253

District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 1524078

Cited 2 times | Published

limited confidentiality for medical records) and section 90.503, Florida Statutes (the psychotherapist-patient

Ireland v. Francis

945 So. 2d 524, 2006 WL 2787583

District Court of Appeal of Florida | Filed: Sep 29, 2006 | Docket: 1401164

Cited 2 times | Published

DCA 1995). Ireland has met this burden here. Section 90.503(2), Florida Statutes (2005), provides as follows:

Quinney v. Quinney

890 So. 2d 407, 2004 WL 2965440

District Court of Appeal of Florida | Filed: Dec 23, 2004 | Docket: 1690377

Cited 2 times | Published

minor child due to any mental health issues. Section 90.503, Florida Statutes (2003), protects a patient's

Hastings v. Rigsbee

875 So. 2d 772, 2004 WL 1389114

District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 1683975

Cited 2 times | Published

the psychotherapist-patient privilege under section 90.503 was waived or for compelling Mrs. Hastings

Hughes v. Schatzberg

872 So. 2d 996, 2004 WL 1057816

District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 1706744

Cited 2 times | Published

discussed the case several times. However, section 90.503(3)(d) also permits the psychotherapist to assert

Cedars Healthcare Group Ltd. v. Freeman

829 So. 2d 390, 2002 WL 31466407

District Court of Appeal of Florida | Filed: Nov 6, 2002 | Docket: 1733457

Cited 2 times | Published

patient/psychotherapist privilege codified in section 90.503(2), Florida Statutes (2001), as well as section

Pauker v. Olson

834 So. 2d 198, 2002 WL 2006157

District Court of Appeal of Florida | Filed: Aug 30, 2002 | Docket: 893746

Cited 2 times | Published

his motion for rehearing, petitioner cited to section 90.503, Florida Statutes (2001), the psychotherapist-patient

Russell v. Stardust Cruisers, Inc.

690 So. 2d 743, 1997 WL 154324

District Court of Appeal of Florida | Filed: Apr 4, 1997 | Docket: 437082

Cited 2 times | Published

privilege and relevancy. Petitioner argued that section 90.503(2), Florida Statutes, prohibits the disclosure

Swift v. Swift

617 So. 2d 834, 1993 WL 140096

District Court of Appeal of Florida | Filed: May 5, 1993 | Docket: 1512490

Cited 2 times | Published

matters. That prompted the subject petition. Section 90.503 of the Florida Evidence Code provides for a

Davidge v. Davidge

451 So. 2d 1051

District Court of Appeal of Florida | Filed: Jun 27, 1984 | Docket: 1741198

Cited 2 times | Published

and the privilege waived. 336 So.2d at 657. Section 90.503, Florida Statutes (1983), the successor statute

Wray v. DEPT. OF PROFESSIONAL REG.

410 So. 2d 960

District Court of Appeal of Florida | Filed: Mar 1, 1982 | Docket: 2553727

Cited 2 times | Published

petitioner has waived the privilege afforded by Section 90.503, Florida Statutes (1979). First of all, the

J.B. v. State

250 So. 3d 829

District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 64684276

Cited 1 times | Published

that an exception to the privilege applies. Section 90.503, Florida Statutes (2017), which codifies the

State v. Avery Topps

142 So. 3d 978, 2014 WL 3730009, 2014 Fla. App. LEXIS 11606

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 3598

Cited 1 times | Published

confidential communication within the definition of section 90.503 of the Florida Statutes, and that the statement

Poole v. South Dade Nursing & Rehabilitation Center

139 So. 3d 436, 2014 WL 2199813, 2014 Fla. App. LEXIS 8128

District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60241118

Cited 1 times | Published

from Florida’s psychotherapist-patient privilege. § 90.503(4)(b), Fla. Stat. (2013). In the instant case

ESTAPE v. Scherer

67 So. 3d 428, 2011 Fla. App. LEXIS 12520, 2011 WL 3477052

District Court of Appeal of Florida | Filed: Aug 10, 2011 | Docket: 1916025

Cited 1 times | Published

"patient" as contemplated by Florida Statute section 90.503(1)(b), and whether he waived any such protection

Smith v. Smith

64 So. 3d 169, 2011 Fla. App. LEXIS 10193, 2011 WL 2555686

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 60301385

Cited 1 times | Published

statutory psychotherapist-patient privilege, under section 90.503, Florida Statutes (2011): (2) A patient has

Wilder v. Wilder

993 So. 2d 182, 2008 WL 4837460

District Court of Appeal of Florida | Filed: Nov 7, 2008 | Docket: 1516090

Cited 1 times | Published

were confidential and privileged pursuant to section 90.503(2), Florida Statutes (2007), which deals with

Brousseau v. BROWARD COUNTY BOARD OF COMMISSIONERS

992 So. 2d 882, 2008 WL 4643322

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1723642

Cited 1 times | Published

the facts. Petitioner seeks review based on section 90.503(2), Florida Statutes (2008), which protects

CL v. Judd

993 So. 2d 991, 2007 WL 3225415

District Court of Appeal of Florida | Filed: Nov 2, 2007 | Docket: 158229

Cited 1 times | Published

including any diagnoses made by the psychotherapist. § 90.503(2), Fla. Stat. (2005); see Pauker v. Olson, 834

State v. Famiglietti

817 So. 2d 915, 2001 WL 717652

District Court of Appeal of Florida | Filed: Jun 27, 2001 | Docket: 1429666

Cited 1 times | Published

psychotherapist-patient privilege set forth in section 90.503, Florida Statutes (2000). Preliminary to ruling

Olson v. Blasco

676 So. 2d 481, 1996 Fla. App. LEXIS 6429, 1996 WL 332356

District Court of Appeal of Florida | Filed: Jun 19, 1996 | Docket: 64766084

Cited 1 times | Published

Accordingly, there is no waiver pursuant to section 90.503(4)(c), Florida Statutes (1993). The trial court

Oswald v. Diamond

576 So. 2d 909, 1991 WL 39330

District Court of Appeal of Florida | Filed: Mar 26, 1991 | Docket: 1242990

Cited 1 times | Published

psychotherapist-patient privilege available under section 90.503, Florida Statutes. We affirm in part and reverse

National Transportation Safety Board v. Hollywood Memorial Hospital

735 F. Supp. 423, 1990 U.S. Dist. LEXIS 4424, 1990 WL 47287

District Court, S.D. Florida | Filed: Apr 11, 1990 | Docket: 1022573

Cited 1 times | Published

640, 641 (Fla. D.C.A. 3d 1977); Fla.Stat.Ann. § 90.503 (West 1990).[1] The communications which Root

Connell v. Guardianship of Connell

476 So. 2d 1381, 10 Fla. L. Weekly 2401

District Court of Appeal of Florida | Filed: Oct 24, 1985 | Docket: 1277514

Cited 1 times | Published

psychotherapist-patient privilege pursuant to Section 90.503, Florida Statutes (1983). The court appointed

Florida Board of Bar Examiners Re: Applicant

443 So. 2d 71, 1983 Fla. LEXIS 2847

Supreme Court of Florida | Filed: Nov 3, 1983 | Docket: 64601920

Cited 1 times | Published

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

Wendell v. State of Florida

District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 68863976

Published

the patient’s mental or emotional condition.” § 90.503(2), Fla. Stat. This privilege may be asserted

STATEWIDE GUARDIAN AD LITEM v. AMAURY ALBERTO

District Court of Appeal of Florida | Filed: Oct 19, 2022 | Docket: 65588616

Published

or emotional condition are privileged under section 90.503, Florida Statutes (2017), subject to three

ANGELA BENTRIM v. JEFFREY BENTRIM

District Court of Appeal of Florida | Filed: Mar 9, 2022 | Docket: 63144903

Published

remain confidential as provided in Florida law, Section 90.503, Florida Statutes.” Former Wife submitted

LISA KRAMER v. STATE OF FLORIDA

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

Published

as to Kramer’s diagnoses. We begin with section 90.503, Florida Statutes (2017), which provides the

Beth Hicks, LCSW v. State of Florida, and Robert Steven Price

District Court of Appeal of Florida | Filed: Jul 23, 2019 | Docket: 15953783

Published

psychotherapist in the course of that relationship.” § 90.503(2), Fla. Stat. (2019). 2 The psychotherapist-patient

J.B. v. State

District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 7361263

Published

that an exception to the privilege applies. Section 90.503, Florida Statutes (2017), which codifies the

Rodriguez v. City of South Miami

260 So. 3d 338

District Court of Appeal of Florida | Filed: May 9, 2018 | Docket: 6525137

Published

psychotherapist-patient privilege, pursuant to section 90.503(2), Florida Statutes (2017). The City contended

Michael H. Brooks v. Emily H. Brooks

239 So. 3d 758

District Court of Appeal of Florida | Filed: Feb 23, 2018 | Docket: 6314224

Published

the patient’s mental or emotional condition.” § 90.503(2), Fla. Stat. (2016). In a child custody dispute

MARGARET SAJIUN v. DANIEL HERNANDEZ

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

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

Published

claims did not relate to mental injury. Section 90.503(2), Florida Statutes (2015), provides the following

Robert Scott Santana v. City of Tallahassee

195 So. 3d 1187, 2016 Fla. App. LEXIS 10761, 2016 WL 3743276

District Court of Appeal of Florida | Filed: Jul 13, 2016 | Docket: 4111806

Published

by the psychotherapist-patient privilege in section 90.503, Florida Statutes. However, we agree with the

S.P., by and through her natural guardian R.P. v. Anthony Vecchio and the State of Florida

162 So. 3d 75, 2014 Fla. App. LEXIS 15249, 39 Fla. L. Weekly Fed. D 2072

District Court of Appeal of Florida | Filed: Oct 1, 2014 | Docket: 1401887

Published

written authorization of the patient). Third, section 90.503(2) provides that under the psychotherapist-patient

Trejo-Perez v. Arry's Roofing

141 So. 3d 220, 2014 WL 2472264, 2014 Fla. App. LEXIS 8384

District Court of Appeal of Florida | Filed: Jun 3, 2014 | Docket: 60241825

Published

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

Carrillo-Jimenez v. Carrillo

110 So. 3d 490, 2013 WL 1136319, 2013 Fla. App. LEXIS 4434

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60230318

Published

appointed by the trial court, in violation of section 90.503, Florida Statutes (2010). Petitioner claims

Crain v. Prison Health Services

80 So. 3d 1084, 2012 WL 516179, 2012 Fla. App. LEXIS 2396

District Court of Appeal of Florida | Filed: Feb 17, 2012 | Docket: 2412472

Published

are and shall remain the property of CCSO. Section 90.503, Florida Statutes (2011), recognizes a psy

Webb v. Dollar Tree Stores, Inc.

987 So. 2d 778, 2008 Fla. App. LEXIS 11580, 2008 WL 2902006

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 1724267

Published

psychotherapist-patient privilege created by section 90.503, Florida Statutes (2007), and therefore must

Doherty v. JOHN DOE NO. 22

957 So. 2d 1267, 2007 Fla. App. LEXIS 7972, 2007 WL 1486106

District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 1679170

Published

psychotherapist-patient privilege described in section 90.503,[1] which protects from disclosure to third

State v. Rogers

955 So. 2d 1213, 2007 Fla. App. LEXIS 7116, 2007 WL 1342467

District Court of Appeal of Florida | Filed: May 9, 2007 | Docket: 64850567

Published

is relying on a mental condition as a defense. § 90.503(4)(c), Fla. Stat. (2006). The court therefore

Hannon v. SHANDS TEACHING HOSP. AND CLINICS

970 So. 2d 344, 2006 WL 3313661

District Court of Appeal of Florida | Filed: Nov 16, 2006 | Docket: 1324131

Published

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

Hannon v. Shands Teaching Hospital & Clinics, Inc.

970 So. 2d 344, 2006 Fla. App. LEXIS 19166

District Court of Appeal of Florida | Filed: Nov 16, 2006 | Docket: 64853411

Published

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

Jean-Baptiste v. State

931 So. 2d 965, 2006 Fla. App. LEXIS 7732, 2006 WL 1329512

District Court of Appeal of Florida | Filed: May 17, 2006 | Docket: 64845452

Published

mental health treatment communications under section 90.503, Florida Statutes (2004). We disagree. The

Commercial Carrier Corp. v. Kelley

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

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

Published

PETERSON, ORFINGER and TORPY, JJ., concur. . § 90.503, Fla. Stat. (2004). . § 90.507, Fla. Stat. (2004)

E.C. v. Guardian Ad Litem Program, Department of Children & Families

867 So. 2d 1193, 2004 Fla. App. LEXIS 2706, 2004 WL 385112

District Court of Appeal of Florida | Filed: Mar 3, 2004 | Docket: 64828858

Published

psychotherapist/patient privilege pursuant to section 90.503, Florida Statutes (2002), to prevent a court-appointed

Breeden v. Cook

859 So. 2d 1276, 2003 Fla. App. LEXIS 18056, 2003 WL 22800095

District Court of Appeal of Florida | Filed: Nov 26, 2003 | Docket: 64826568

Published

plaintiff at issue so as to waive the protection of section 90.503.” Partner-Brown v. Bornstein, 734 So.2d 555

SC v. Guardian Ad Litem

845 So. 2d 953, 2003 WL 1970335

District Court of Appeal of Florida | Filed: Apr 30, 2003 | Docket: 1432702

Published

psychotherapist/patient privilege, pursuant to section 90.503, Florida Statutes. The trial court initially

Westmoreland v. Carrero

710 So. 2d 650, 1998 Fla. App. LEXIS 3837, 1998 WL 171793

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 64780845

Published

ground that the records were privileged under section 90.503 of the Florida Evidence Code, while respondents

Freshwater v. Freshwater

659 So. 2d 1206, 1995 Fla. App. LEXIS 8875, 1995 WL 497185

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 64758550

Published

violates the psychotherapist-patient privilege, § 90.503, Fla.Stat. (1993), where, as here, the wife’s

Helmick v. McKinnon

657 So. 2d 1279, 1995 Fla. App. LEXIS 7789, 1995 WL 427719

District Court of Appeal of Florida | Filed: Jul 21, 1995 | Docket: 64757871

Published

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

H.A.W. v. State

652 So. 2d 948, 1995 Fla. App. LEXIS 3298

District Court of Appeal of Florida | Filed: Mar 31, 1995 | Docket: 64755237

Published

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

HAW v. State

652 So. 2d 948, 1995 WL 137087

District Court of Appeal of Florida | Filed: Mar 31, 1995 | Docket: 66819

Published

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

Boyle v. Thebaut

645 So. 2d 64, 1994 Fla. App. LEXIS 10766, 1994 WL 615712

District Court of Appeal of Florida | Filed: Nov 9, 1994 | Docket: 64752158

Published

of information claimed to be protected under section 90.503, Florida Statutes (1993), the psychotherapist-patient

Alexander v. Herbert

150 F.R.D. 690, 1993 U.S. Dist. LEXIS 17510, 1993 WL 409864

District Court, M.D. Florida | Filed: Sep 22, 1993 | Docket: 66310151

Published

would apply to these records. See Fla.Stat.Ann. § 90.503 (West 1979 & Supp.1993). However, as discussed

Daly v. Daly

624 So. 2d 304, 1993 Fla. App. LEXIS 8734, 1993 WL 321730

District Court of Appeal of Florida | Filed: Aug 25, 1993 | Docket: 64742962

Published

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

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

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

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

Published

psychotherapist-patient privilege contained in section 90.503, Florida Statutes (1991). The record shows

Dubois v. Dubois

586 So. 2d 423, 1991 Fla. App. LEXIS 8566, 1991 WL 167845

District Court of Appeal of Florida | Filed: Sep 4, 1991 | Docket: 64661763

Published

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

Saenz v. Alexander

584 So. 2d 1061, 1991 WL 147143

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

Published

of a significant part of the communication." Section 90.503(2), Florida Statutes, gives a patient the privilege

Khairzdah v. Khairzdah

464 So. 2d 1311, 10 Fla. L. Weekly 658, 1985 Fla. App. LEXIS 12941

District Court of Appeal of Florida | Filed: Mar 13, 1985 | Docket: 64610468

Published

psychotherapist-patient privilege afforded by section 90.503, Florida Statutes (1983). During the course

Ramey v. Thomas

436 So. 2d 251, 1983 Fla. App. LEXIS 22662

District Court of Appeal of Florida | Filed: Jul 14, 1983 | Docket: 64599033

Published

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

Cicenia v. Mitey Mite Race Tracks, Inc.

415 So. 2d 128, 1982 Fla. App. LEXIS 20801

District Court of Appeal of Florida | Filed: Jun 16, 1982 | Docket: 64590563

Published

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