CS/HB 167

1
A bill to be entitled
2An act relating to the parent-child privilege; creating s.
390.5045, F.S.; creating a parent-child privilege to
4prevent disclosure of communications that were made by
5children to their parents or by parents to their children
6and intended to be made in confidence; defining the term
7"parent"; prescribing proceedings in which the privilege
8does not exist; providing for waiver of the privilege;
9requiring that a guardian ad litem be appointed to
10represent a minor child prior to the court's approving the
11child's waiver of the privilege; providing an effective
12date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Section 90.5045, Florida Statutes, is created
17to read:
18     90.5045  Parent-child privilege.--
19     (1)  Because of the family relationship that exists between
20parents and their children, there is a privilege to refuse to
21disclose, and to prevent another from disclosing, communications
22that were intended to be made in confidence between them.
23     (2)  The privilege may be claimed by either the child or
24the parent, or by the guardian or conservator of the child or
25parent. The authority of a child or the child's parent, or
26guardian or conservator of the child or parent, to claim the
27privilege is presumed in the absence of contrary evidence.
28     (3)  As used in this section, the term "parent" means a
29woman who gives birth to a child or a man whose consent to the
30adoption of the child would be required under s. 63.062(1). If a
31child has been legally adopted, the term "parent" means the
32adoptive mother or father of the child. The term does not
33include an individual whose parental relationship to the child
34has been legally terminated and does not include an alleged or
35prospective parent, unless the parental status falls within the
36terms of s. 39.503(1) or s. 63.062(1).
37     (4)  There is no privilege under this section:
38     (a)  In any proceeding brought by or on behalf of the child
39against the child's parent.
40     (b)  In any proceeding brought by or on behalf of the
41child's parent against the child.
42     (c)  In a criminal proceeding in which the child is charged
43with a crime committed at any time against the person or
44property of the child's parent or the person or property of any
45other child of the child's parent.
46     (d)  In a criminal proceeding in which the child's parent
47is charged with a crime committed at any time against the person
48or property of the child or the person or property of a child of
49the child.
50     (e)  In any criminal or other governmental investigation
51involving allegations of abuse, neglect, abandonment, or
52nonsupport of a child by a parent of that child.
53     (f)  In any criminal or other governmental investigation
54involving allegations of sexual or physical abuse of a parent by
55a child of that parent.
56     (g)  In any proceeding governed by the Florida Family Law
57Rules of Procedure or the Florida Rules of Juvenile Procedure.
58     (5)  This privilege may be waived if either the parent or
59the child expressly consents to the disclosure of the
60communication. However, if the child has not reached the age of
61majority or been otherwise emancipated, the child's stated
62consent is invalid or ineffective unless it is approved by a
63court of competent jurisdiction. The court may approve such
64child's consent only after appointing a guardian ad litem to
65represent the child and after the guardian ad litem makes a
66recommendation to the court that the waiver of the privilege
67would be in the best interests of the child.
68     Section 2.  This act shall take effect July 1, 2007.


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