HB 0935 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to parent-child privilege; creating s.
12	90.5045, F.S.; creating a parent-child privilege to
13	prevent disclosure of communications that were intended to
14	be made in confidence; providing a definition; providing
15	proceedings in which the privilege does not exist;
16	providing for waiver of the privilege; providing an
17	effective date.
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19	Be It Enacted by the Legislature of the State of Florida:
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21	Section 1. Section 90.5045, Florida Statutes, is created
22	to read:
23	90.5045 Parent-child privilege.--
24	(1) A child and the parent of that child have a privilege,
25	because of the family relationship, to refuse to disclose, and
26	to prevent another from disclosing, communications that were
27	intended to be made in confidence between them.
28	(2) The privilege may be claimed by either the child or
29	the parent, or by the guardian or conservator of the child or
30	parent. The authority of a child or the child's parent, or
31	guardian or conservator of the child or parent, to claim the
32	privilege is presumed in the absence of contrary evidence.
33	(3) For the purposes of this section, the term “parent”
34	means a woman who gives birth to a child and a man whose consent
35	to the adoption of the child would be required under s.
36	63.062(1). If a child has been legally adopted, the term
37	“parent” means the adoptive mother or father of the child. The
38	term does not include an individual whose parental relationship
39	to the child has been legally terminated, or an alleged or
40	prospective parent, unless the parental status falls within the
41	terms of either s. 39.503(1) or s. 63.062(1).
42	(4) There is no privilege under this section:
43	(a) In any proceeding brought by or on behalf of the child
44	against the child's parent.
45	(b) In any proceeding brought by or on behalf of the
46	child's parent against the child.
47	(c) In any criminal proceeding in which the child is
48	charged with a crime committed at any time against the person or
49	property of the child's parent, or the person or property of any
50	other child of the child's parent.
51	(d) In any criminal proceeding in which the child's parent
52	is charged with a crime committed at any time against the person
53	or property of the child, or the person or property of a child
54	of the child.
55	(e) In any criminal or other governmental investigation
56	involving allegations of sexual abuse, physical abuse, neglect,
57	abandonment, or nonsupport of a child by a parent of that child.
58	(f) In any criminal or other governmental investigation
59	involving allegations of sexual or physical abuse of a parent by
60	a child of that parent.
61	(g) In any proceeding governed by the Florida Family Law
62	Rules of Procedure or Florida Juvenile Rules of Procedure.
63	(h) In any criminal or civil proceeding in which the
64	communications are alleged to be made in furtherance of a
65	violation of or a conspiracy to violate the criminal laws of the
66	United States or the State of Florida.
67	(5) This privilege may be waived if either the parent or
68	the child expressly consent to the disclosure of the
69	communications. However, if the child has not reached majority
70	or been otherwise emancipated, the child's stated consent is
71	invalid or ineffective unless it is approved by a court of
72	competent jurisdiction. The court may only approve such child’s
73	consent after appointing a guardian ad litem to represent such
74	child and after the guardian ad litem makes a recommendation to
75	the court that the waiver of the privilege would be in the best
76	interests of the child.
77	Section 2. This act shall take effect July 1, 2003.