Senate Bill sb0080

    Florida Senate - 2005                                    SB 80

    By Senator Geller





    31-126-05

  1                      A bill to be entitled

  2         An act relating to the parent-child privilege;

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

  4         parent-child privilege to prevent disclosure of

  5         communications that were made by children

  6         younger than a specified age to their parents

  7         or by parents older than a specified age to

  8         their children and intended to be made in

  9         confidence; defining the term "parent";

10         prescribing proceedings in which the privilege

11         does not exist; providing for waiver of the

12         privilege; requiring that a guardian ad litem

13         be appointed to represent a minor child prior

14         to the court's approving the child's waiver of

15         the privilege; providing an effective date.

16  

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

18  

19         Section 1.  Section 90.5045, Florida Statutes, is

20  created to read:

21         90.5045  Parent-child privilege.--

22         (1)  Because of the family relationship that exists

23  between parents and their children, there is a privilege to

24  refuse to disclose, and to prevent another from disclosing,

25  communications that were intended to be made in confidence

26  between:

27         (a)  A child who at the time of making the

28  communication was 25 years of age or younger and that child's

29  parent.

30  

31  

                                  1

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






    Florida Senate - 2005                                    SB 80
    31-126-05




 1         (b)  A parent who at the time of making the

 2  communication was 65 years of age or older and that parent's

 3  child.

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

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

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

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

 8  privilege is presumed in the absence of contrary evidence.

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

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

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

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

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

14  include an individual whose parental relationship to the child

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

16  prospective parent, unless the parental status falls within

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

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

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

20  child against the child's parent.

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

22  child's parent against the child.

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

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

25  or property of the child's parent or the person or property of

26  any other child of the child's parent.

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

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

29  the person or property of the child or the person or property

30  of a child of the child.

31  

                                  2

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






    Florida Senate - 2005                                    SB 80
    31-126-05




 1         (e)  In any criminal or other governmental

 2  investigation involving allegations of abuse, neglect,

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

 4  child.

 5         (f)  In any criminal or other governmental

 6  investigation involving allegations of sexual or physical

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

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

 9  Law Rules of Procedure or the Florida Juvenile Rules of

10  Procedure.

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

12  or the child expressly consents to the disclosure of the

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

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

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

16  competent jurisdiction. The court may only approve such

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

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

19  recommendation to the court that the waiver of the privilege

20  would be in the best interests of the child.

21         Section 2.  This act shall take effect July 1, 2005.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Creates a parent-child privilege to prevent disclosure of
      communications that were made by children of a specified
26    age to their parents or by parents of a specified age to
      their children and were intended to be made in
27    confidence. Defines the term "parent." Prescribes
      proceedings in which the privilege does not exist.
28    Provides for waiver of the privilege. Requires that a
      guardian ad litem be appointed to represent a minor child
29    prior to the court's approving the child's waiver of the
      privilege.
30  

31  

                                  3

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