House Bill 4539

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 1998                HB 4539

        By Representative Bloom






  1                      A bill to be entitled

  2         An act relating to privileged communications

  3         between parent and child; creating s. 90.5045,

  4         F.S.; providing for a parent-child privilege

  5         pursuant to which the parent or child may

  6         refuse to disclose, or prevent another from

  7         disclosing, certain communications intended to

  8         be made in confidence between the parent and

  9         the child; providing for the privilege to be

10         claimed by the child or parent, or the child's

11         or parent's guardian or conservator; providing

12         a legal presumption for authority to claim the

13         privilege absent contrary evidence; providing

14         that there is no parent-child privilege in

15         certain legal proceedings brought against a

16         family member by or on behalf of another family

17         member, in prosecutions or other criminal

18         proceedings involving commission of a crime or

19         delinquent act or in investigations of murder

20         or sexual battery, or in certain matters

21         involving the Department of Juvenile Justice or

22         Department of Children and Family Services;

23         providing for waiver of the privilege;

24         providing an effective date.

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26  Be It Enacted by the Legislature of the State of Florida:

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28         Section 1.  Section 90.5045, Florida Statutes, is

29  created to read:

30         90.5045  Parent-child privilege.--

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4539

    252-359A-98






  1         (1)  A child or parent has a privilege because of the

  2  family relationship to refuse to disclose, and to prevent

  3  another from disclosing, communications which were intended to

  4  be made in confidence between the parent and the child. This

  5  privilege is intended to continue based upon the privacy of

  6  the family relationship whether or not the family members

  7  reside together.

  8         (2)  The privilege may be claimed by either the child

  9  or parent or by the guardian or conservator of the child or

10  parent. The authority of a child or parent, or guardian or

11  conservator of the parent or child, to claim the privilege is

12  presumed in the absence of contrary evidence.

13         (3)  There is no privilege under this section:

14         (a)  In a proceeding brought by or on behalf of one

15  member of the family against another member of the family.

16         (b)  In a prosecution or other criminal proceeding

17  involving the commission of a crime or delinquent act or in an

18  investigation of murder or sexual battery.

19         (c)  In Department of Juvenile Justice or Department of

20  Children and Family Services matters as part of established or

21  institutional proceedings relating to the well-being of the

22  child or the parent, including, but not limited to, matters

23  alleging child abuse, child neglect, abandonment, nonsupport

24  by a parent, or domestic violence against a parent.

25         (4)  This privilege may be waived by the express

26  consent to disclosure by a parent or child entitled to claim

27  the privilege, or by the parent or child who made the

28  communication, or by failure of the parent or child to object

29  when the contents of a communication are demanded.

30         Section 2.  This act shall take effect July 1 of the

31  year in which enacted.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4539

    252-359A-98






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  2                          HOUSE SUMMARY

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      Provides for a parent-child privilege pursuant to which
  4    the parent or child may refuse to disclose, or prevent
      another from disclosing, certain communications intended
  5    to be made in confidence between the parent and the
      child. Provides for the privilege to be claimed by the
  6    child or parent, or the child's or parent's guardian or
      conservator. Provides a legal presumption for authority
  7    to claim the privilege absent contrary evidence. Provides
      that there is no parent-child privilege in certain legal
  8    proceedings brought against a family member by or on
      behalf of another family member, in prosecutions or other
  9    criminal proceedings involving commission of a crime or
      delinquent act or in investigations of murder or sexual
10    battery, or in certain matters involving the Department
      of Juvenile Justice or Department of Children and Family
11    Services. Provides for waiver of the privilege.

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