Florida/Georgia Personal Injury & Workers Compensation

...(2006) (providing for psychotherapist-patient privilege); § 90.5035, Fla. Stat. (2006) (providing for sexual assault counselor-victim privilege); § 90.5036, Fla. Stat. (2006) (providing for domestic violence advocate-victim privilege); § 90.504, Fla. Stat. (2006) (providing for husband-wife privilege); § 90.505, Fla. Stat. (2006) (providing for privilege with respect to communications to clergy); § 90.5055, Fla....

...Appellant argues in his fourth issue that the trial court erred in allowing witnesses Hernandez and Prado to testify as to inculpatory statements appellant made in their presence. Appellant argues that these statements were privileged under the clergy communications privilege, section 90.505, Florida Statutes (1993), because the witnesses were, respectively, a Santeria priest and a novice Santeria priest....

...As to Hernandez, we find no merit in appellant's claim that Hernandez' testimony concerning appellant's statements qualifies as a privileged communication. Communications to a member of the clergy which are confidential and made for the purpose of seeking spiritual advice are privileged. § 90.505, Fla. Stat. (1993). Assuming that Hernandez was a member of the clergy to whom appellant went for spiritual advice, we still must determine under section 90.505 whether appellant's communication to him was confidential....

...and children, in addition to appellant's girlfriend and her children, were present in the room at the time appellant made his statement concerning the crime. On cross-examination, Hernandez testified that he met with appellant "[n]ot so privately." Section 90.505 explicitly defines confidential communications for the purpose of clergy privilege as those communications that are "made privately." § 90.505(1)(b), Fla....

...By his own admission he intended for these statements to be relayed to the state attorney's office. Since they were intended to be communicated to a third person, the statements were not confidential and were therefore not privileged communications. See § 90.505, Fla....

...April 27, 1983)(available at Fla. Dep't of State, Div. of Archives, ser. 18, carton 1413, Tallahassee, Fla.). [6] Of the six relationship-based privileges contained in chapter 90, only section 90.5035 and the clergyman's privilege contain no exceptions to their application. See § 90.505, Fla....

...WALLACE, Judge. Joseph Nussbaumer, Jr., an ordained minister, petitions this court for a writ of certiorari to quash two orders of the circuit court that directed him to produce records and answer questions over the objection of clergy communications privilege, section 90.505, Florida Statutes (2003), [1] in a criminal prosecution pending against Mr....

...ivilege. 2. The Court rejects Defendant's contention that his communications with Nussbaumer took place within a clergyman-penitent relationship. Therefore, the communications are not protected pursuant to the clergyman-penitent privilege ([section] 90.505)....

...Section 39.204 provides as follows: The privileged quality of communication between husband and wife and between any professional person and his or her patient or client, and any other privileged communication except that between attorney and client or the privilege provided in s. 90.505, as such communication relates both to the competency of the witness and to the exclusion of confidential communications, shall not apply to any communication involving the perpetrator or alleged perpetrator in any situation involving known...

...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. SECTION 90.505 AND ITS FOUR REQUIREMENTS Florida's version of the clergy communications privilege is set forth in section 90.505, which provides as follows: (1) For the purposes of this section: (a) A "member of the clergy" is a priest, rabbi, practitioner of Christian Science, or minister of any religious organization or denomination usually referred to as a ch...

...(b) The guardian or conservator of a person. (c) The personal representative of a deceased person. (d) The member of the clergy, on behalf of the person. The member of the clergy's authority to do so is presumed in the absence of evidence to the contrary. Section 90.505 has four requirements that must be satisfied in order for the clergy communications privilege to be applicable....

...Pastor Nussbaumer's duties at his church include preaching at Sunday services, providing spiritual and administrative leadership, and pastoral counseling. Based on these facts, Pastor Nussbaumer's status as "a member of the clergy" within the meaning of section 90.505(1)(a) was established. 2. For the Purpose of Seeking Spiritual Counsel and Advice The clergy communications privilege does not apply unless the confider consults the member of the clergy "for the purpose of seeking spiritual counsel or advice." § 90.505(1)(b)....

...And if, as we would anticipate, the call to personal growth incorporates elements of the spiritual and the secular, what then? The State's approach poses an array of overwhelming practical problems to the application of the clergy communications privilege. Fortunately, section 90.505 does not require the courts to assess the spiritual content of the clergy member's response to the confider's request for spiritual advice and counsel....

...Temple Shir Ami, Inc., 712 So.2d 775, 777 (Fla. 3d DCA 1998). The judicial review of the clergy member's message required by the State's approach would likely involve an interpretation of religious doctrine in violation of the ecclesiastical abstention doctrine. We decline to interpret section 90.505 in a way that would lead to such an interpretation of religious doctrine....

...ed. NO MEMBERSHIP REQUIREMENT The State also suggests that Mr. Bloom was not entitled to the benefit of the clergy communications privilege because he was not a member of Pastor Nussbaumer's church. The State cites no authority for this proposition. Section 90.505 does not include a requirement that the confider be a member of the clergy member's church in order for the privilege to apply....

...Kruglikov, 29 Misc.2d 17, 217 N.Y.S.2d 845, 846 (N.Y.Sup.Ct.1961); State v. Potter, 197 W.Va. 734, 478 S.E.2d 742, 755 n. 23 (1996) (dicta); see generally Mitchell, 71 Minn. L.Rev. at 745. Taking into account the absence of a membership requirement in section 90.505 and the trend in the modern authority to dispense with such a requirement, we hold that Mr....

...NOTES [1] The privilege has been referred to variously as the "priest-penitent" privilege, the "cleric-congregant" privilege, the "clergy-congregant" privilege, the "clergy-communicant" privilege, and the "ministerial" privilege. In accordance with the title of section 90.505, we will refer to the privilege as the "clergy communications" privilege....

...ttorney-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)....

...pact rule). The defendants counter that our supreme court has not yet created an exception for a disclosure made by a member of the clergy. They also argue that Bellhorn's status as "chaplain" does not fall within the clergyman privilege provided by section 90.505, Florida Statutes (2003) because the school is not connected with any established church....

...While similar in nature to the claim in Gracey, it is yet another set of circumstances asking to be excepted from the reach of the impact rule. This is a task best suited for our supreme court especially in light of the statutory scheme under which the plaintiff seeks recovery. Section 90.505(1)(a), Florida Statutes (2004) defines a "member of the clergy" as "a priest, rabbi, practitioner of Christian Science, or minister of any religious organization or denomination usually referred to as a church, or an individual reasona...

...purpose of seeking spiritual counsel and advice from the member of the clergy in the usual course of his or her practice or discipline and not intended for further disclosure except to other persons present in furtherance of the communication." See § 90.505(1)(b), Fla....

...FARMER, J., dissents with opinion. STONE, J., concurring specially. I concur in the opinion except that I would also hold that a teacher designated as a "chaplain" by a school, even a Christian school, is not a member of the "clergy" for the purpose of applying section 90.505(1)(a)....

...[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 ... between the patient and the psychotherapist ....") with § 90.505(2), Fla....

...maining counts. This appeal follows. II. A. Appellant claims that the trial court committed reversible error in denying his motion to suppress his statements to the Jehovah's Witnesses elders based on the clergy communications privilege. Pursuant to section 90.505(2), Florida Statutes (2007), "[a] person has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication by the person to a member of the clergy in his or her capacity as spiritual adviser."...

...ust be received "in the usual course of [the clergy member's] practice or discipline"; and (4) the communication must be "made privately," and "not intended for further disclosure except to other persons present in furtherance of the communication." § 90.505(1)(b), Fla....

...ot supported by competent, substantial evidence, but review[ ] de novo whether the application of the law to the historical facts establishes an adequate basis for the trial court’s rul *1207 ing.” Parker v. State, 873 So.2d 270, 279 (Fla.2004). Section 90.505(1)(b) explicitly requires that the communication to a member of the clergy be “not intended for further disclosure.” Moreover, § 90.507 provides that: “A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person ......

...under 28 U.S.C. § 2244(d)(2). See Alexander v. Sec'y, Dep't of Corr., 523 F.3d 1291, 1297 (11th Cir.2008). [5] The Court notes that it had been raining at the time of the crash, and the roads were wet (Dkt. 24, Ex. 1, Supp. VII at pg. 1014-15). [6] § 90.505, Fla....

...The State further argued that the only evidence it had to corroborate the alleged victim’s anticipated trial testimony was her prior statement to Ronchi. The State contended that based on the alleged victim’s waiver, her communications with Ronchi were no longer privileged under section 90.505....

...of the Catholic Sacrament of Reconciliation” and, as such, would violate Ronchi’s constitutional rights under the First Amendment to the United States Constitution. Ronchi further alleged that any such communication would be privileged under section 90.505, Florida Statutes (2017).3 Ronchi contended that the Catholic Church forbids a priest from disclosing any aspect of a penitent’s communication during the Sacrament of Reconciliation and, indeed, is sanctionable by excommunication from the Church....

...such other particulars as necessary to provide full disclosure of the statement. (c) The court shall make specific findings of fact, on the record, as to the basis for its ruling under this subsection. 3 Section 90.505(2), Florida Statutes (2017) provides that a person “has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication by the person to a member of the clergy in his or her capacity as spiritu...

...The State further argued that the only evidence it had to corroborate the alleged victim’s anticipated trial testimony was her prior statement to Ronchi. The State contended that based on the alleged victim’s waiver, her communications with Ronchi were no longer privileged under section 90.505....

...There is no doubt that the statement made by the alleged victim to Father Ronchi during Confession was privileged. Thus, the issue that must be determined is whether the clergy member can waive the privilege. To answer this question, one must examine two statutes—sections 90.505 and 90.507, Florida Statutes (2017). Section 90.505(2) and (3) recognizes that the clergy privilege belongs to the person seeking spiritual advice. “The privilege does not belong to the member of the clergy, but the clergy may claim the privilege on behalf of the holder.” 1 Fla....

...and [Ronchi’s] impressions, actions or omissions as they relate to communications made during the Sacrament of Reconciliation.” Although the trial court focused on whether the communications between Ronchi and the alleged victim were privileged under section 90.505 and whether that privilege had been waived, we believe that this case is controlled by the application of FRFRA. The Florida Supreme Court has declared that the protection afforded to the free exercise of religiously motivated activ...

...There is no doubt that the statement made by the alleged victim to Father Ronchi during Confession was privileged. Thus, the issue that must be determined is whether the clergy member can waive the privilege. To answer this question, one must examine two statutes—sections 90.505 and 90.507, Florida Statutes (2017). Section 90.505(2) and (3) recognizes that the clergy privilege belongs to the person seeking spiritual advice. “The privilege does not belong to the member of the clergy, but the clergy may claim the privilege on behalf of the holder.” 1 Fla....

...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.)....

certain communications with clergy with privilege. § 90.505, Fla. Stat. (2024). This case concerns the bounds

...Appellant claims the trial court erred in admitting his statements made to Mr. Worden (in the presence of Mrs. Worden and the victim’s mother) because they were protected by the clergy communications privilege. Appellant’s argument fails. Section 90.505, Florida Statutes, provides in part: (1) For the purposes of this section: (a) A “member of the clergy” is a priest, rabbi, practitioner of Christian Science, or minister of any...

... (2) A person has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication by the person to a member of the clergy in his or her capacity as spiritual adviser. § 90.505(1)-(2), Fla....

...Moreover, the defendant waived his right to invoke the privilege when he told the mother about his conversation with the pastor. We review a ruling on the clergy communications privilege for an abuse of discretion. See Fernandez v. State, 730 So. 2d 277, 282 (Fla. 1999). Section 90.505(2), Florida Statutes (2018), provides, “[a] person has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication by the person to a member of the clergy in his or her capacity as spiritua...

...made privately for the purpose of seeking spiritual counsel and advice from the member of the clergy in the usual course of his or her practice or discipline and not intended for further disclosure except to other persons present in furtherance of the communication.” Id. § 90.505(1)(b). This statute creates a four-part test to establish the existence of a privilege....

...We agree with the State. The clergy communication privilege statute provides: “[a] communication between a member of the clergy and a person is ‘confidential’ if made privately . . . and not intended for further disclosure except to other persons present in furtherance of the communication.” § 90.505(1)(b), Fla....

...mother the contents of the conversation. See Bottoson v. State, 443 So. 2d 962, 965 (Fla. 1983). Nevertheless, the defendant argues his disclosure to the mother was within the privilege’s protections because the mother was “present in furtherance of the communication.” § 90.505(1)(b), Fla....

...background during the call. But the mother testified she was not present when the defendant called the pastor because she was inside her office. Even if she was present, the defendant did not establish her presence was necessary to the furtherance of the communication. § 90.505, Fla. 7 Stat., L....

...‘a litigant must make a timely, contemporaneous objection.’”). 3 Even so, the communications privilege does not apply because the record does not establish the defendant reasonably believed the church volunteer was a member of the clergy. Section 90.505 defines a “member 3 The defendant argues he properly preserved the issue by objecting on hearsay grounds....

...of the clergy” as a “priest, rabbi, practitioner of Christian Science, or minister of any religious organization or denomination usually referred to as a church, or an individual reasonably believed so to be by the person consulting him or her.” Id. § 90.505(1)(a). The church volunteer testified he never worked in the local church; he worked for a food company....

...provide “family counseling.” But, even if the church volunteer could be considered a clergy member, the communication was not private. See Fernandez, 730 So. 2d at 277. The church volunteer, defendant, and mother met at a Dunkin Donuts, a public area. § 90.505, Fla....

the clergy-penitent privilege set forth in section 90.505(2), Florida Statutes (2020), and explained

...therwise viable cause of action"). In this case, the Fourth District's decision concludes that the impact rule bars recovery and therefore, at least implicitly, recognizes that a cause of action exists-one for breach of the clergyman privilege under section 90.505(1)(a), Florida Statutes (2004). I disagree with the Fourth District to the extent it recognized a cause of action for a breach of the evidentiary privilege contained in section 90.505(1)(a)....

...ANSTEAD and LETTS, JJ., concur. . Section 90.241, Florida Statutes, was repealed effective July 1, 1978, after the communication in question was made. See Ch. 76-237, Laws of Florida, Sections 2 and 8. This privilege in reworded form has been retained in Section 90.505 of the new Florida Evidence Code effective July 1, 1979....