SENATE AMENDMENT
Bill No. SB 90
Amendment No. 1 Barcode 170312
CHAMBER ACTION
Senate House
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11 The Committee on Judiciary recommended the following amendment
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 90.5045, Florida Statutes, is
19 created to read:
20 90.5045 Parent-child privilege.--
21 (1) A child and the parent of that child have a
22 privilege, because of the family relationship, to refuse to
23 disclose, and to prevent another from disclosing,
24 communications that were intended to be made in confidence
25 between them.
26 (2) The privilege may be claimed by either the child
27 or the parent, or by the guardian or conservator of the child
28 or parent. The authority of a child or the child's parent, or
29 guardian or conservator of the child or parent, to claim the
30 privilege is presumed in the absence of contrary evidence.
31 (3) As used in this section, the term "parent" means a
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SENATE AMENDMENT
Bill No. SB 90
Amendment No. 1 Barcode 170312
1 woman who gives birth to a child or a man whose consent to the
2 adoption of the child would be required under s. 63.062(1). If
3 a child has been legally adopted, the term "parent" means the
4 adoptive mother or father of the child. The term does not
5 include an individual whose parental relationship to the child
6 has been legally terminated and does not include an alleged or
7 prospective parent, unless the parental status falls within
8 the terms of s. 39.503(1) or s. 63.062(1).
9 (4) There is no privilege under this section:
10 (a) In any proceeding brought by or on behalf of the
11 child against the child's parent.
12 (b) In any proceeding brought by or on behalf of the
13 child's parent against the child.
14 (c) In a criminal proceeding in which the child is
15 charged with a crime committed at any time against the person
16 or property of the child's parent, or the person or property
17 of any other child of the child's parent.
18 (d) In a criminal proceeding in which the child's
19 parent is charged with a crime committed at any time against
20 the person or property of the child, or the person or property
21 of a child of the child.
22 (e) In any criminal or other governmental
23 investigation involving allegations of sexual abuse, physical
24 abuse, neglect, abandonment, or nonsupport of a child by a
25 parent of that child.
26 (f) In any criminal or other governmental
27 investigation involving allegations of sexual or physical
28 abuse of a parent by a child of that parent.
29 (g) In any proceeding governed by the Florida Family
30 Law Rules of Procedure or Florida Juvenile Rules of Procedure.
31 (5) This privilege may be waived if either the parent
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SENATE AMENDMENT
Bill No. SB 90
Amendment No. 1 Barcode 170312
1 or the child expressly consents to the disclosure of the
2 communications. However, if the child has not reached majority
3 or been otherwise emancipated, the child's stated consent is
4 invalid or ineffective unless it is approved by a court of
5 competent jurisdiction. The court may only approve such
6 child's consent after appointing a guardian ad litem to
7 represent the child and after the the guardian ad litem makes
8 a recommendation to the court that the waiver of the privilege
9 would be in the best interests of the child.
10 Section 2. This act shall take effect July 1, 2003.
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14 And the title is amended as follows:
15 Delete everything before the enacting clause
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17 and insert:
18 A bill to be entitled
19 An act relating to parent-child privilege;
20 creating s. 90.5045, F.S.; creating a
21 parent-child privilege to prevent disclosure of
22 communications that were intended to be made in
23 confidence; defining the term "parent";
24 providing proceedings in which the privilege
25 does not exist; providing for waiver of the
26 privilege; requiring that a guardian ad litem
27 be appointed to represent a minor child prior
28 to the court approving a waiver of the
29 privilege; providing an effective date.
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