§ 90.5036, Fla. Stat. — Domestic Violence Advocate-Victim Privilege
Plain English
Florida protects what a domestic-violence survivor shares with a domestic violence advocate. Confidential communications relating to the abuse the victim sought help for — made to a domestic violence advocate (an employee or volunteer with at least 30 hours of DV training at a domestic violence center) — and the records of that counseling are privileged. One important condition: the privilege applies only if the advocate was registered under s. 39.905 at the time the communication was made. The victim holds the privilege (and an advocate may claim it on the victim’s behalf).
From the Courtroom
The registration requirement is the quiet trap in 90.5036. The privilege protects the survivor’s confidences — but only if the advocate was registered under s. 39.905 when they spoke. It’s the first thing to check when either invoking or challenging this privilege.
Key Points & Authority
- § 90.5036(2), Fla. Stat. — A DV victim may refuse and prevent disclosure of confidential communications to, and records of, a domestic violence advocate — if the advocate was registered under s. 39.905 when the communication was made.
- Holders (90.5036(3)): the victim (or attorney), a guardian/conservator, a deceased victim’s personal representative, or the advocate on the victim’s behalf.
- Federal note: no numbered FRE counterpart; addressed in federal court through Fed. R. Evid. 501 common law.
Federal Parallel
There is no numbered federal counterpart. Any federal recognition of a domestic-violence-advocate privilege arises through federal common law under Fed. R. Evid. 501; Florida codifies it in § 90.5036.
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.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(1) Definitions establish a “domestic violence center,” a “domestic violence advocate” (employee or volunteer with 30 hours of training whose primary purpose is advising/counseling/assisting domestic-violence victims), a “victim,” and when a communication relating to the incident is “confidential.”
(2) A victim has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made by the victim to a domestic violence advocate or any record made in the course of advising, counseling, or assisting the victim. The privilege applies to such communications and records only if the advocate is registered under s. 39.905 at the time the communication is made. This privilege includes any advice given by the domestic violence advocate in the course of that relationship.
(3) The privilege may be claimed by the victim or the victim’s attorney; a guardian or conservator; the personal representative of a deceased victim; or the domestic violence advocate, but only on behalf of the victim (authority presumed).
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.5036 gives a domestic-violence victim a privilege over confidential communications to, and records of, a domestic violence advocate — but only if the advocate was registered under s. 39.905 when the communication was made.