§ 90.509, Fla. Stat. — Application of Privileged Communication
Plain English
This is a transition (savings) provision from when the Florida Evidence Code took effect on July 1, 1979. It makes clear the new Code did not retroactively strip privilege from communications made before that date, so long as they were privileged when made. In other words, old confidences kept whatever protection they had under prior law — the Code didn’t reach back and un-privilege them. Largely historical today, but a clean answer if a very old communication is ever at issue.
From the Courtroom
You’ll rarely cite 90.509 today, but it embodies a principle that still matters: privileges aren’t casually undone by later statutory change. A communication protected when it was spoken keeps that protection — a fair-notice rule that courts respect well beyond this one transitional section.
Key Points & Authority
- § 90.509, Fla. Stat. — The Evidence Code does not abrogate a privilege for any communication made before July 1, 1979, if it was privileged when made.
- A transitional savings clause tied to the Code’s effective date.
- Federal note: no direct Federal Rules of Evidence counterpart — a Florida-specific transition provision.
Federal Parallel
Florida-specific. This is a transitional savings provision unique to the adoption of the Florida Evidence Code; the Federal Rules of Evidence have no equivalent section.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
Nothing in this act shall abrogate a privilege for any communication which was made prior to July 1, 1979, if such communication was privileged at the time it was made.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.509 is a savings provision: the Evidence Code does not abrogate a privilege for communications made before July 1, 1979, if they were privileged when made.