§ 90.501, Fla. Stat. — Privileges Recognized Only as Provided
Plain English
This is the gatekeeper for every privilege in Florida. The default rule is blunt: there are no privileges except the ones the law specifically creates. Unless the Evidence Code, another statute, or the U.S. or Florida Constitution grants it, a person in a legal proceeding cannot refuse to be a witness, refuse to disclose a matter, refuse to produce a document or object, or stop someone else from doing those things. In other words, privileges in Florida are a closed, enumerated list — not general fairness exceptions a judge can invent. If you can’t point to a statute or constitutional provision, the privilege doesn’t exist.
From the Courtroom
When someone claims a privilege that feels right but isn’t on the books — a “parent-child privilege,” a “the friend I confided in” privilege, a vague sense that something private should be off-limits — 90.501 is the short answer. No statute, no privilege. Florida does not recognize privileges by vibe.
Key Points & Authority
- § 90.501, Fla. Stat. — No privilege exists except as provided by the Evidence Code, another statute, or the U.S./Florida Constitution.
- Closed list: Florida courts cannot create new privileges by common law — the recognized privileges live in §§ 90.502–90.5021 and related statutes.
- Federal contrast: Fed. R. Evid. 501 does the opposite — it directs federal courts to develop privileges by common law, so federal privilege law can grow case by case.
Federal Parallel
The federal counterpart is Fed. R. Evid. 501 — but it points the opposite direction. Where Florida freezes privileges to a statutory list, FRE 501 leaves them to evolving federal common law (with state privilege law applying to state-law claims). That structural difference is why some privileges recognized in federal court have no Florida statutory analog, and vice versa.
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)
Except as otherwise provided by this chapter, any other statute, or the Constitution of the United States or the State Constitution, no person in a legal proceeding has a privilege to:
(1) Refuse to be a witness.
(2) Refuse to disclose any matter.
(3) Refuse to produce any object or writing.
(4) Prevent another from being a witness, from disclosing any matter, or from producing any object or writing.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.501 makes Florida privileges a closed statutory list: no person may refuse to testify, disclose, or produce — or block another from doing so — except as provided by the Evidence Code, another statute, or the U.S./Florida Constitution.