Senate Bill sb0090c1

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    Florida Senate - 2003                             CS for SB 90

    By the Committee on Children and Families; and Senator Geller





    300-2055-03

  1                      A bill to be entitled

  2         An act relating to parent-child privilege;

  3         creating s. 90.5045, F.S.; creating a

  4         parent-child privilege to prevent disclosure of

  5         communications that were intended to be made in

  6         confidence; defining the term "parent";

  7         providing proceedings in which the privilege

  8         does not exist; providing for waiver of the

  9         privilege; requiring that a guardian ad litem

10         be appointed to represent a minor child prior

11         to the court approving a waiver of the

12         privilege; providing an effective date.

13  

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

15  

16         Section 1.  Section 90.5045, Florida Statutes, is

17  created to read:

18         90.5045  Parent-child privilege.--

19         (1)  A child and the parent of that child have a

20  privilege, because of the family relationship, to refuse to

21  disclose, and to prevent another from disclosing,

22  communications that were intended to be made in confidence

23  between them.

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

25  or the parent, or by the guardian or conservator of the child

26  or parent. The authority of a child or the child's parent, or

27  guardian or conservator of the child or parent, to claim the

28  privilege is presumed in the absence of contrary evidence.

29         (3)  As used in this section, the term "parent" means a

30  woman who gives birth to a child or a man whose consent to the

31  adoption of the child would be required under s. 63.062(1). If

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    Florida Senate - 2003                             CS for SB 90
    300-2055-03




 1  a child has been legally adopted, the term "parent" means the

 2  adoptive mother or father of the child. The term does not

 3  include an individual whose parental relationship to the child

 4  has been legally terminated and does not include an alleged or

 5  prospective parent, unless the parental status falls within

 6  the terms of s. 39.503(1) or s. 63.062(1).

 7         (4)  There is no privilege under this section:

 8         (a)  In any proceeding brought by or on behalf of the

 9  child against the child's parent.

10         (b)  In any proceeding brought by or on behalf of the

11  child's parent against the child.

12         (c)  In a criminal proceeding in which the child is

13  charged with a crime committed at any time against the person

14  or property of the child's parent, or the person or property

15  of any other child of the child's parent.

16         (d)  In a criminal proceeding in which the child's

17  parent is charged with a crime committed at any time against

18  the person or property of the child, or the person or property

19  of a child of the child.

20         (e)  In any criminal or other governmental

21  investigation involving allegations of abuse, neglect,

22  abandonment, or nonsupport of a child by a parent of that

23  child.

24         (f)  In any criminal or other governmental

25  investigation involving allegations of sexual or physical

26  abuse of a parent by a child of that parent.

27         (g)  In any proceeding governed by the Florida Family

28  Law Rules of Procedure or the Florida Juvenile Rules of

29  Procedure.

30         (5)  This privilege may be waived if either the parent

31  or the child expressly consents to the disclosure of the

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    Florida Senate - 2003                             CS for SB 90
    300-2055-03




 1  communications. However, if the child has not reached majority

 2  or been otherwise emancipated, the child's stated consent is

 3  invalid or ineffective unless it is approved by a court of

 4  competent jurisdiction. The court may only approve such

 5  child's consent after appointing a guardian ad litem to

 6  represent the child and after the guardian ad litem makes a

 7  recommendation to the court that the waiver of the privilege

 8  would be in the best interests of the child.

 9         Section 2.  This act shall take effect July 1, 2003.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                          Senate Bill 90

13                                 

14  
    Creates a definition of "parent" for the purposes of the
15  parent-child privilege section.

16  Provides that the waiver of the parent-child privilege
    requires consent by the parent or the child in lieu of consent
17  from both the parent and the child.

18  Requires a recommendation by an appointed guardian ad litem
    that the child's waiver of the parent-child privilege is in
19  the child's best interest prior to court approval in those
    scenarios in which the child is under the age of majority or
20  has not been otherwise emancipated.

21  Removes the limitation to sexual abuse or physical abuse from
    the governmental investigation to which the parent-child
22  privileged communication does not apply and provides for the
    exclusion across all situations of abuse, neglect, or
23  abandonment under ch. 39, F.S.

24  

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